James Wallace Tree jailed for dog fighting, wife Cindy Lee Tree fined for animal negligence

Animal welfare raids on a rural property revealed links to the sickening world of dog fighting that landed a father of four behind bars.

Animal welfare raids on a Sarina Range property have revealed links to the sickening world of dog fighting that landed a father of four behind bars.

James Wallace Tree was found, after a four-day Mackay Magistrates Court hearing, to have involved two of his dogs – Shaka and Cletus – in the cruel conduct, as well as chaining them and others up for 22 hours a day causing serious psychological harm.

Both Shaka and Cletus had “substantial scarring”, which Tree tried to say was from “yard accidents” and pigging. 

James Wallace Tree has been jailed for dog fighting. Picture: Lillian Watkins

But Magistrate Bronwyn Hartigan rejected his evidence, some of which she labelled “dishonest and deliberate lies” and found the scarring pattern on both animals to be from dog fighting.

The 46-year-old father of four was found guilty of two counts of supplying animals for a prohibited event between March 2019 and September 2020, and not guilty of the same charge against another dog named Rosie.

Now he will not be able to own a dog for the next five years.

He and his wife Cindy Lee Tree, 42, were also found guilty of animal negligence against all four of their dogs between June and September 2020 over tethering them with heavy chains that amounted to 20 per cent of their body weight for 22 hours a day and not getting treatment for a broken tooth for Shaka.

In handing down her verdicts on Thursday, Ms Hartigan found Cindy Tree had “embellished” her evidence to explain injuries to the dogs and rejected claims the mum of four had not seen the broken tooth, which had exposed pulp.

She has now been banned from owning a dog for the next three years.

RSPCA inspectors seized four dogs following a raid at their Lawrie Rd property on September 17, 2020 as well as items including a number of “gruesome” books written by known dog fighters, break sticks, a flirt pole and a treadmill.

“The offences of dog fighting … are extremely serious,” Ms Hartigan said to James Tree.

“They are abhorrent to the community and any right-minded thinking person.

Cindy Lee Tree (right) leaves Mackay courthouse after she was found guilty of animal negligence. She is with Macrossan and Amiet solicitor Brigid Paterson. Picture: Janessa Ekert

“The court needs to make it clear to you that the community denounces this sort of conduct.”

The court heard American Pit Bull Terriers were the preferred breed for dog fighting and that Shaka had been bred from an internationally recognised bloodline used in “game dogs” known as Redboy.

In fact James Tree had bought Shaka – eight years before he was seized – from a man named Glenn Wilson, who has since been jailed for dog fighting.

Ms Hartigan said there was no doubt that two dogs participated in “numerous dog fights”.

 All four dogs had to be euthanised and prosecutor for the RSPCA Kate Gover said evidence demonstrated the animals were “significantly traumatised” and had “serious psychological and behavioural issues”.

The court heard Cindy Tree was not involved in dog fighting and was not charged with that offence, but she had allowed the dogs to be cared for in such a manner.

Ms Gover said the evidence against James Tree demonstrated a “a long term interest and involvement in dog fighting which is very concerning” and his conduct showed a “lack of insight” and “lack of remorse that this type of offending is cruel and abhorrent”.

Barrister Kate Juhasz argued the media attention around the hearing had resulted in public shaming for both her clients, who have been married for 22 years, which could be taken into account in relation to the penalty.

Lawyers for the couple argued media reports on the Mackay Magistrates Court hearing resulted in public shaming for them, impacting their finances and family.

She said as a result Cindy Tree, who had been running her own cleaning business, had lost contracts and was impacted financially.

Ms Juhasz had argued for a wholly suspended sentence for James Tree.

The court heard references tendered described James Tree, who has been employed as a driller for the past 14 years, as a pleasant and hard worker, a good friend and spoke to a good character.

But Ms Hartigan said it could not be overlooked that he had been convicted of a very serious offence that caused injuries and pain to two dogs and based on the scarring pattern it was “suffered on different occasions”.

As for the public shaming, Ms Hartigan accepted it had caused financial loss but said it was “unfortunately a consequence of the serious behaviour” and went towards “the denouncement” of the pair’s respective conduct.

“I do consider in this case that actual jail is warranted,” Ms Hartigan said, adding the charges were serious and general deterrence was necessary.

Cindy Tree (right) is banned from owning a dog for the next three years. Picture: Janessa Ekert

“The dog fighting community is wide reaching … a message needs to be sent to those people that this kind of conduct won’t be tolerated.”

James Tree was jailed for six months, to be suspended after serving two months. Convictions were recorded.

The remaining four months will hang over his head for 18 months.

Ms Hartigan found Cindy Tree’s animal negligence to be at the lesser end of seriousness for reasons including the dogs were in very good condition.

She was fined $3000, half of which would go to the RSPCA, and convictions were not recorded.

Each were ordered to pay $2657.62, which included legal and RSPCA costs.

Ms Gover had pushed for a lifetime ban against James Tree but Ms Hartigan found given the jail term with actual custody, public shaming and court process, it was unlikely he would be involved in this type of conduct again.