Verdict over injured kangaroo to send ‘shockwaves’ through animal rescue community

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A woman who cared for hundreds of kangaroos over five years as a volunteer for wildlife rescue service WIRES has been found guilty of aggravated animal cruelty in a decision that will send “shockwaves” through the wildlife rescue community.

Tracy Dods, 55, of Kanimbla in the Blue Mountains, was prosecuted by the RSPCA over a female eastern grey kangaroo in her care from October 2020 to March 2021, during the pandemic.

Tracy Dods outside Katoomba Local Court on an earlier hearing date.Credit: Nick Moir

Dods provided daily care to the kangaroo she named Dolores from October 2020, when the animal was found caught in a fence with lacerations to both legs, until March 2021, when the RSPCA and WIRES raided Dods’ property. Dolores was seized and euthanised based on her wasted condition and a post-mortem revealed an undiagnosed fracture.

Magistrate Leanne Robinson said in her decision at Katoomba Local Court on Tuesday that the RSPCA established beyond reasonable doubt that the animal was in Dods’ care, that veterinary care was necessary in the period to which the charges apply, and the animal suffered as a result of that failure.

“I doubt very much that anyone becomes a WIRES volunteer without the best of intentions but taking on the care of an animal carries great responsibility,” Robinson said.

The verdict comes amid a protracted and messy battle between WIRES, the largest and wealthiest wildlife rescue charity in the country, and its members. About 900 WIRES volunteers lost voting rights last year when they did not agree to constitutional changes that included giving management more control over the $73 million that remains from the $100 million raised during the 2019-20 bushfires.

A case in the NSW Supreme Court challenging the new constitution will be in mediation this week.

Photos submitted in evidence: Dolores, a female eastern grey kangaroo, in October 2020.

About 50 supporters of Dods turned up to Katoomba courthouse bearing signs with messages such as “WIRES are liars” and “shame, WIRES, shame”.

In testimony as an expert witness, WIRES veterinary practitioner Dr David Phalen, who attended the raid, said the animal would have been in constant pain and significant distress. In his view, the kangaroo needed weekly veterinary care, and had this occurred, it would have been euthanised sooner.

Dods used the defence that she had an honest and reasonable belief that veterinary care was not necessary, based on her experience as a wildlife carer, the fact the animal was X-rayed in October 2020 without revealing a fracture, her visit to a vet in January 2021 and her discussions with WIRES staff in February 2021.

Robinson accepted that Dods had an honest belief that veterinary care was not necessary, but said this belief was not a reasonable one. She found Dods made a “gross over-estimation of her own skills and expertise”, put aside her own training and experience, and ignored the fact the vet she saw in January told her to return for more scans if the situation did not improve.

The magistrate found Dods’ “misguided and misplaced confidence” led her to administer drugs without knowing what they were for, remove stitches early and experiment with treatments such as Bowen therapy.

Photos submitted in evidence: The kangaroo’s wounds on the day it was rescued.

Dods gave evidence that she looked after the kangaroo for about four hours a day, including providing food and water, changing bandages and treating the wounds, and massaging and mobilising her legs.

While finding Dods to be a person of good character, Robinson did not accept her evidence as reliable. She found Phalen’s testimony to be “compelling, clear, rational … reliable and persuasive”.

Robinson noted that Dods had tried to call expert witnesses of her own, but could not due to admissibility or witness availability.

Outside the court, Dods said she had found the four-year court case “traumatising”, and while her lawyer had prepared her for a guilty verdict, she still found it “quite shocking” because she had been trying her best.

Robinson adjourned sentencing until April 9. The maximum penalty for aggravated animal cruelty in NSW is $110,000 and/or two years’ imprisonment for an individual. Dods also faces a ban on keeping animals for several years.

Photos submitted in evidence: The healed wounds on February 25, 2021.

Dods said she had spent about $30,000 on her legal fees and anticipated she would have to pay RSPCA’s costs.

Sue Garling, chair of WIRES North Shore branch, said WIRES should focus on mentoring carers to lift standards. She said the Dods case was scaring away volunteers even before the guilty verdict – out of 200 members in her branch, only 20 were active now.

“They are exhausted, they are frustrated, they feel like it’s not fair with so few being left, and they’re getting abused by members of the public for not responding fast enough to the animals,” Garling said.

“We know we’re not perfect, but we care, and we’re doing the best we can. We’re putting in hours and hours of work, and all we do is get kicked in the face. I think people are just going to walk away.”

Luke Stefko, chair of the WIRES Far South Coast branch, said he would advise his members to get everything in writing rather than talk on the phone to the animal welfare team.

“[The verdict] will send shockwaves through carers,” Stefko said.

Liz Martin, a former WIRES carer who has left the organisation after 10 years, standing before now-empty rehabilitation cages for possums and gliders.Credit: Nick Moir

Liz Martin from north-west Sydney, who gave up being a carer for WIRES last year, said it was no longer worth the risk.

“I can’t afford to defend myself in court, whether it’s legitimate accusations or malicious,” she said.

Other volunteers who spoke on condition of anonymity because they still had wildlife in their care said they were concerned carers and would become “more secretive”, leading to worse welfare outcomes.

A RSPCA NSW spokesperson said it could not comment on the specific case, but the organisation received 17,000 reports of animal cruelty every year, had an obligation to investigate each case and did not take the decision to prosecute lightly.

“RSPCA NSW acknowledges the vital role played by wildlife carers and volunteers in promoting positive animal welfare and environmental outcomes,” the spokesperson said.

“However, it is critical that when performing that important role, carers must not lose sight of their core obligations or substitute their own views for those of a registered veterinarian.”

WIRES did not respond to a request for comment.

WIRES is one of 33 wildlife rescue agencies in the state, but it has a monopoly in many locations. Trish Doyle, NSW parliamentary secretary for the environment, is reviewing the sector.

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