Another Puppy Farmer Charged

[Are You Serious Jo]

Maybe they had their dogs whelp in the house.

[Maddy]

Were these people breeding designer dogs in sub standard conditions? What is it exactly that they have been charged with?

If they weren't a registered business complying with the code, most of those charges were probably minor points- sizes of pens, manner of waste disposal, flooring used, etc.

I'm sure if it were actual cruelty, my FB news feed would have been stuffed with people re-posting the graphic images (taken by AA or the like) of neglect for me to have to wade through for several days.

[MarieEvans]

Were these people breeding designer dogs in sub standard conditions? What is it exactly that they have been charged with?

Yeah, I'd like to ask the same question myself. What were they doing illegally? It didn't seem quite clear to me, sorry about that.

[Joany]

I dont know if anyone has put this together yet but what is going down in casey shire is sidestepping the RSCPA

http://www.caseyweeklyberwick.com.au/story/1175762/casey-takes-the-lead-on-animal-cruelty/?cs=1186

Barrie Tapp, now an investigator with the Animal Cruelty Hotline, said Casey was the most innovative council in Victoria in bringing its own cruelty prosecutions instead of waiting for the RSPCA to act.this was who was in court during the hearing.

Barrie Tapp(Animal Cruelty Hotline Aust) Free call 1800751770

This is not the hot line for animal cruelty set up by the RSPCA or the government... straightout animal liberation...No wonder there is reference to Oscarslaw...when it doesnt exist...

[Steve]

Might point out that there are no charges on the previous one either . Filthy.

[redangel]

for those who were interested the case was concluded.

here

[WreckitWhippet]

link didin't work, can you copy and paste

[korbin13]

My link

A TOORADIN puppy farmer has escaped conviction under new laws designed to stamp out puppy farming after a vet described him as far too kind for his own good.

Koo Wee Rup vet Luke Morrison told the court Derul Van Hollis and his wife Judy ran one of the best dog-breeding establishments he had encountered, with dogs well cared for even when well beyond breeding age.

"Mr Van Hollis could have made a lot more money if he'd got rid of them," he said. "As far as I was concerned, it's a totally inefficient business and that's due to their passion for looking after their animals."

In the Dandenong Magistrates Court last week, Mr Hollis and his company Demfield Pty Ltd pleaded guilty to 115 charges of running an unregistered breeding business and failing to comply with the code of practice for breeding and rearing establishments.

The case, brought by Casey Council, was the first prosecution in Victoria under 'Oscar's Law', named after a puppy rescued from a dog-breeding factory in central Victoria in 2011.

Magistrate Brian Barrow fined Demfield a total of $11,500 plus $6700 costs, but did not record a conviction or penalty against Mr Van Hollis. He said he was satisfied from the evidence that he was not one of the rogue puppy farmers targeted by Oscar's Law.

Prosecutor Brett Melke told the court council officers visited Mr Van Hollis' property on January 12 last year and found 112 unregistered dogs and 11 puppies on the premises.

Counsel for Mr Van Hollis, David Starvaggi, said this was not a case of animal cruelty. He said Mr Van Hollis had previously had a permit for 84 dogs but he had let certain regulatory matters lapse after his wife suffered a stroke.

Mr Barrow said it was clear from the evidence of Dr Morrison, and that of two other animal welfare experts, that Mr Van Hollis was highly conscientious in his care of his dogs.

Mrs Van Hollis gave a cry of relief when Mr Barrow said he would not make an order for the removal of the dogs "from what I'm satisfied is a caring environment".

He said Mr Van Hollis was entitled to benefit from his good record and discharged him without conviction or penalty on condition that he register the dogs and the business and comply with the code of practice.

Casey mayor Amanda Stapledon said the council was disappointed in the verdict, which did not reflect the council's repugnance about puppy farming.

[Steve]

The moral to the story is register your dogs, get your permits because even if you look after your dogs well it wont save you the prosecution.

The numbers are not the issue these people would have had the same problems if they only had a handful of dogs.

No removal of the dogs from what the magistrate said he was certain was a caring environment .

[redangel]

Thanks for the link Korbin

My question is though is it considered normal for a kennel to run so many dogs at once. How does one person care for that many dogs re walking socialising, cleaning & such?

My next question is I wonder what breed/s (pure or xbred) are being bred here?

Granted the dogs have been described a well cared for but I guess to someone from the outside looking in one would wonder why someone would want to have 112 dogs.

[BlackJaq]

There is a list of breeds in this link: http://www.heraldsun.com.au/leader/south-east/fine-for-tooradin-knackerys-illegal-puppy-farm-but-owner-to-keep-own-dogs/story-fngnvmhm-1226588279297

* Maltese

*Beagle

*Cockerspaniel

*Collies

*Jack russell terrier

*Shitzu

*Spoodle

*Shitzu cross maltese

*Cockerspaniel cross maltese

*King Charles cavalier cross

*Minature poodle

*Cavalier cross maltese

*Cockerspaniel cross Maltese

*Cockspaniel cross poodle

[BlackJaq]

From the same link:

Dr Morison said through those years he had visited the property at least once a month and repeatedly described Mr Van Hollis's good care of the dogs.

When asked by counsel if he thought it was appropriate to keep a dog in a 44 gallon drum, Dr Morison replied he had seen it regularly on dairy farms.

Not sure if that means dogs were kept in 44 gallon drums on this property or what? If so I would not exactly call this "good care"...

Edited March 8, 2013 by BlackJaq

[korbin13]

From the same link:

Dr Morison said through those years he had visited the property at least once a month and repeatedly described Mr Van Hollis's good care of the dogs.

When asked by counsel if he thought it was appropriate to keep a dog in a 44 gallon drum, Dr Morison replied he had seen it regularly on dairy farms.

Not sure if that means dogs were kept in 44 gallon drums on this property or what? If so I would not exactly call this "good care"...

When we were on a farm, when I was growing up, 44's were cut and used as kennels for most of the dogs except for the house dog. Not sure if that was what was meant?

The interesting thing about the Herald Sun link is that Oscar's Law is now legislation, since January 2012? Is this only Victoria?

[OSoSwift]

Many farmers use 44 gallon drums, if the dogs are lucky they may get a piece of carpet. $$'s are being fazed out in a lot of fuel oil areas and are getting increasingly hard to get. Many farmers are now buying the plastic injection moulded kennels areound here.

[WreckitWhippet]

Oscars law doesn't exist

[BlackJaq]

Oh, right, I assume the dogs are chained then, not locked inside the 44 gallon drum?

[mita]

I'd like the laws to address what is needed to breed, raise and manage dogs as the companion animals they're intended to be.

Frankly, doing so, without meeting those needs, is cruelty & also consumer fraud.

Solid research shows that not only puppies must be socialised, but behaviours like aggression, excessive timidity are related to the extent of ongoing socialisation of the mother dog. Anyone selling puppies that are raised in conditions that do not meet those needs, should be charged with consumer fraud.

And, concurrently, should be charged with animal welfare breaches for stunting the development of dogs as companion animals. Long time back, an RSPC Qld inspector wrote in the newspaper, that the stunting of a dog's social capacity was just as bad as physical lack of care. And was often the hardest.... if not impossible... to overcome, after dogs had been taken to safety.

This approach fits both animal and human welfare needs. And can be backed by research.

On the surface details available, I'm not impressed with the OP case. Can't see any indication at all of his meeting those welfare requirements. It'd be a case of double charges, if more insightful laws were in place.

Edited March 9, 2013 by mita

[redangel]

So are we defending the breeder of xbreds here to purposely make money? Are we advocating that breeders are not considered inappropriate? This guy is a puppy farmer. Breeding dogs to make money. Personally I would like to see his operation stopped. Sure let him keep his dogsif they are well cared for. But lets face it it appears to be BYB on a big scale. I am surprised that when one person arrives on DOL with a pregnant byb bitch everyone jumps on them like a piece of fresh meat, yet we are silent or defensive of a person who may are doing what I believe to be against the majority of this forum.

I am not aware of a state law re "Oscars Law" maybe it is a bylaw passed by council in that region based on the similarly named movement???

[hilaryo]

So are we defending the breeder of xbreds here to purposely make money? Are we advocating that breeders are not considered inappropriate? This guy is a puppy farmer. Breeding dogs to make money. Personally I would like to see his operation stopped. Sure let him keep his dogsif they are well cared for. But lets face it it appears to be BYB on a big scale. I am surprised that when one person arrives on DOL with a pregnant byb bitch everyone jumps on them like a piece of fresh meat, yet we are silent or defensive of a person who may are doing what I believe to be against the majority of this forum.

I am not aware of a state law re "Oscars Law" maybe it is a bylaw passed by council in that region based on the similarly named movement???

[/quote

"Like"

Totally agree redangel!

[Alyosha]

Most new regulation and law imposing conditions on dog breeders make it much easier to operate large commercial facilities and harder for small home breeders. This is a recent fact of life sadly. With people jumping up and down for tighter controls and conditions - conditions become standardised to levels that cannot be met in family homes anymore.

Thus commercial breeders who are willing ethically and able financially to create these facilities survive and flourish. Home and family breeders are rapidly being legislated out of existence.