Kerrie Maree Fitzpatrick’s seized dogs forfeited to the RSPCA – and can find new homes for Christmas
Dogs taken from a banned puppy farmer – who is contesting new charges – will find new homes for Christmas after a magistrate sided with the RSPCA.
North & North East
Don't miss out on the headlines from North & North East. Followed categories will be added to My News.
A serial puppy farmer with prior animal abuse convictions has been excused from court as a magistrate made an order to allow more than 100 dogs seized by the RSPCA to be adopted into the community.
Kerrie Maree Fitzpatrick was excused from an Elizabeth Magistrates Court hearing on Thursday as Magistrate Joanna Martin ordered the 123 animals seized be forfeited to the RSPCA.
An application under the Animal Welfare Act was submitted to the court by Andrew Baker, RSPCA SA’s Chief Inspector, so the seized animals can find new home as Ms Fitzpatrick contests the charges against her in court.
Ms Martin said she agreed with the “exceptionally thorough” written submissions made by Simon Perrie, for the RSPCA, satisfied the tests needed for the order to be granted.
Affidavits submitted and read aloud to the court outlined that since their seizure in October, more than $99,000 had been spent on the care of the animals as the criminal case against Fitzpatrick proceeded.
“The number of animals seized, the cost and delay in this matter being finalised are all each alone, in my view, sufficient reason for me to find that it is impractical and unreasonable for the animals to continue to be retained,” Ms Martin said.
Fitzpatrick, who has previously been found guilty of 16 counts of animal abuse, was allegedly found in possession of 86 dogs on a Lewiston property in October.
Some of the dogs seized have since given birth and Ms Martin said it had “ballooned” the number to 123.
In July, she was found guilty of animal cruelty and handed a suspended three-month sentence, fined $5000 and banned from owning any animal aside from the two dogs, four rabbits and seven budgerigars she owned as pets.
Fitzpatrick is now facing charges of ill treatment of an animal to cause death or serious harm, ill treatment of animals, failing to comply with a court order and hinder or obstruct an inspector in the exercise of powers.
An affidavit submitted by RSPCA Dog Animal Care Manager Katie Ridley said the Lonsdale shelter – which flooded during severe storms in November – was beyond capacity with more than 119 dogs on site and another 103 in temporary foster care.
“There is pending concern that a number of volunteers who will be unable to continue caring for dogs over the Christmas period due to travel and family commitments, which will put further strain on the shelter and RSPCA staff during this period,” Ms Martin said.
“The shelter tries to keep the number of dogs that are in care at any one time under 100 whenever possible to ensure that they can be well cared for by available staff.”
Outside court, RSPCA SA chief executive Marcus Gehrig said the organised was “really grateful” for the Magistrate’s decision to forfeit the animals to the RSPCA.
“In October we seized over 80 animals and since then we have had puppies born and now we have over 120 animals, so we are really grateful for the judgment today,” Mr Gehrig said.
“It means that we can get on with the task of adopting these animals and finding a new home for Christmas.
“As we know, the shelter environment isn’t the best place for animals in the long term, and her Honour acknowledged that in her judgment today so we are really thrilled with the outcome.”
Advocate against puppy farms and Founder of Oscar’s Law Debra Tranter said the organisation had been following Ms Fitzpatrick’s cases since the early 2000s and the outcome today was a “victory”.
“This victory today for the dogs is also for our investigation team who works so hard for these dogs,” Ms Tranter said.
“I’m really proud of our team, I’m proud of, Oscar’s Law as an organisation.
“We’ve got a reputation for never giving up and going to whatever lengths we need to go to secure the safety of these dogs.”
Ms Fitzpatrick is contesting the charges against her and is due to appear in court in January to prepare for the upcoming trial.
Occupant’s lucky escape after ‘extremely intense’ blaze destroys home
A man has been rescued from an Adelaide home after a fierce blaze quickly tore through the property in the early hours of Wednesday morning.
Man faces court after DIY weapons, ammo found in luggage
A northern suburbs man has appeared in court after being arrested at the airport when 3D printed guns, ammo and pyrotechnics were allegedly found in his luggage.