Alison Daniels and Paul Fagan-Clark charged with 20 counts of the ill-treatment of an animal
A menagerie of animals – including puppies and pigeons – were seized by the RSPCA from an allegedly overcrowded home found in “unsanitary and squalid conditions”.
North & North East
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EDITOR'S NOTE: On February 16, charges were dismissed against Paul Fagan-Clark and the Not The End Of The Road Animal Rescue body.
Dead birds were found in the kitchen of a northern suburbs rescue service in “extreme” conditions, the RSPCA has told a court.
Alison Daniels, 39, a Para Hills casual cleaner, appeared on the telephone in the Elizabeth Magistrates Court on Thursday charged with 20 counts of the ill treatment of an animal.
Her co-accused and ex-husband, Paul Fagan-Clark, 44, a mechanical labourer from Para Hills, who also faces the same number of charges, did not appear in court.
A third party, Not The End Of The Road Animal Rescue in Para Hills – of which Ms Daniels is treasurer – is also charged with 20 offences.
The charges relate to 17 domestic cats, rabbits, pigeons, cockatoos, lorikeets, corellas, magpies, galahs, possums, a water dragon lizard, puppies, canaries, a duck and an owl kept in “unsanitary and squalid conditions” between April 11 and August 11 this year.
On Thursday, the court heard two puppies, two pigeons, four galahs, two cats, two lorikeets and a corella were seized from the Para Hills address, which kept animals in various rooms and cages.
For the RSPCA on Thursday, Jillian Smith requested the seized animals be found “permanent homes” under a court order.
She said holding the seized animals was causing “some drain” on RSPCA coffers, with a November estimate being nearly $8000 in boarding and vet costs at its Lonsdale shelter.
“This is a strong case,” Ms Smith said.
“The conditions in which the animals were seized were extreme.
“Alternative premises don’t appear to be on the horizon for any of these animals provided by (the accused).”
On Thursday, Magistrate Brian Nitschke said tendered photographs indicated the house was “overcrowded” and “somewhat dishevelled”.
“There are deceased birds captured in some of the photographs in pots and pans,” Mr Nitschke said.
“(The photographs) depict at least one bird that had difficulties with its size.”
During a heated hearing, Mr Nitschke scolded Ms Daniels several times for interjecting.
“I haven’t finished talking! When I ask you to make submissions, then that will be so,” Mr Nitschke said.
Later, Ms Daniels said she was happy to contribute to the RSPCA’s boarding costs until a trial was completed.
She said the living conditions had become “dire, detrimental” and “quite dilapidated”, but it was not indicative of neglect, or an ongoing issue, but rather several weeks where she had a “number of issues”, including flooding.
She said the seized animals were “private pets”, not associated with her rescue service and she had since found another rental after being homeless for three months.
“I would like those animals back if possible,” she said on the phone, with the sound of birds chirping in the background.
“It was not a very good situation in the home.”
However, Mr Nitschke ordered the animals be sold, destroyed or disposed of in other ways by the agency.
The matter returns to court in March.