Director of Public Prosecutions puts a halt to PETA’s racehorse whipping court case
Animal rights organisation PETA has slammed an intervention into its horse whipping legal battle in Tasmania, saying it is looking for other avenues to fight its case.
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ANIMAL rights organisation PETA has slammed an intervention into its horse whipping legal battle in Tasmania, saying it is looking for other avenues to fight its case.
On Monday, the Hobart Magistrates Court heard the Director of Public Prosecutions had exercised his discretion to take over a case in which the People for the Ethical Treatment of Animals had filed 14 animal cruelty charges against Tasracing and high-profile jockey Anthony Darmanin.
PETA had planned to argue that whipping or allowing the whipping of racehorses
under the Australian Rules of Racing violated Tasmania’s Animal Welfare Act.
But in exercising his discretion, DPP Daryl Coates SC has indicated he will discontinue the charges.
PETA Campaigns Advisor Mimi Bekhechi said in a statement that the DPP’s decision to “kill” the case had let down horses.
She said the beating of horses for entertainment in the racing industry was “out of step with the modern world”.
“A horse on a racetrack feels the same pain as any animal when repeatedly whipped. This is both obvious and supported by scientific evidence, which the DPP has chosen to wave aside,” Ms Bekhechi said.
“We maintain that whipping horses forced to race is in clear violation of the law and are actively exploring a number of alternative legal avenues to confirm that beating animals is unlawful under any circumstances.”
Tasracing has declined to comment on the case.
Top jockey caught up in PETA whipping case
A TEST legal battle launched by an animal rights organisation aimed at outlawing racehorse whipping in Tasmania will no longer proceed, following an intervention by the Director of Public Prosecutions.
Late last year, the People for the Ethical Treatment of Animals (PETA) filed 14 animal cruelty charges against Tasracing and high-profile fly-in jockey Anthony Darmanin.
In filing the charges in the Hobart Magistrates Court, PETA planned to argue that as it was illegal to strike other animals, those protections should be extended to horses.
The organisation alleged Tasracing and Mr Darmanin caused or allowed “unreasonable and unjustifiable pain or suffering” to horses in two races at Mowbray Park in October 2019.
The organisation did not allege Mr Darmanin or Tasracing breached the Australian Rules of Racing concerning whipping.
Instead, PETA’s case rested on the premise that whipping horses under Australian racing rules violated Tasmania’s Animal Welfare Act, with hopes the court proceedings would test the legality of whipping horses on racetracks.
But on Monday, Magistrate Marica Duvnjak heard the DPP had reviewed the case and would “exercise his discretion to take over” the complaints and discontinue them.
Lawyer Roland Browne, acting for PETA, said he did not “quarrel with the exercise of that power”.
Tasracing’s lawyer and Mr Darmanin’s lawyer Alex Kendall flagged their clients wished to make applications for costs.
“The proceedings were not brought in good faith and were brought to harm the reputation of the racing industry in Tasmania,” Mr Kendall added.
The court heard arguments about whether Ms Duvnjak needed to make an order formally dismissing the proceedings, but the magistrate said doing so was not in her jurisdiction.
“He (the DPP) has the power to do what he has done and has discontinued the proceedings.”
“There’s a discontinuation of the proceedings, on that basis I have nothing to dismiss.”
The case will return to court on December 5 for a hearing over costs, and potentially further submissions on jurisdiction.
Both Tasracing and PETA have been contacted for comment.
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