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New Zealand Animal Law Association v Robinson [2020] NZDC 21942

Published 14 February 2022

Ill-treatment of animals — rodeo — electric prodder — private prosecution — "expert" — video evidence — Animal Welfare Act 1999, ss 2, 27, 29(a) & 30 — Criminal Procedure Act 2011, ss 18 & 133 — Evidence Act 2006, s 4 — Rodeo Code of Welfare, 2.1, 2.2, 4(f), 4(h), 4.2 — Shepherd v R [2011] NZCA 666, [2012] 2 NZLR 609. The defendant pleaded not guilty to 24 charges of ill-treatment of animals. He was alleged to have used an electric cattle prod on animals when he was in charge of the chute at a rodeo. Animal rights activists had taken video footage of the alleged offending. The defendant admitted that he was the person shown in the video and also admitted to sometimes using the cattle prod on the animals. However he denied having used the prod while it was live, except on two occasions when it had been necessary to use a live prod to get animals back on their feet. Expert witnesses for the defence and the prosecution viewed the video footage, but gave conflicting opinions as to whether it showed the defendant using a live cattle prod to shock the animals. As a result, the Court could not be sure that the bulk of the charges against the defendant were proven, and dismissed these 22 charges. However on the two charges where the defendant admitted to using the live prod, the Court rejected his arguments that he had had to do so for the animals' own good. The Court found the defendant guilty on these two charges. Judgment Date: 2 November 2020.