Disgraced breeder who performed home surgery on dog acquitted of animal cruelty
A disgraced dog breeder has been acquitted of animal cruelty after she cut lumps off a golden retriever’s body with a scalpel and was found raising flea-ridden dogs in faeces-ridden pens.
Police & Courts
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A disgraced dog breeder has been acquitted of animal cruelty after she cut lumps off a golden retriever’s body with a scalpel at her property west of Brisbane, where she was found raising flea-ridden dogs in disgusting pens riddled with faeces.
Lockyer Valley-based dog breeder Elizabeth Alice Verhagen was convicted in 2023 of animal abuse offences involving her keeping a number of dogs in unclean and faeces-riddled pens – some without access to appropriate water and bedding.
An RSPCA search of her property in 2020 also found that multiple dogs were suffering from fleas and dental disease.
At Verhagen’s Ipswich Magistrates Court trial, Acting Magistrate Rob Turra found her guilty of 13 animal abuse offences and sentenced her to 18 months probation with no convictions recorded.
Verhagen has since made multiple claims on appeal including that the RSPCA’s search of her property had been unlawful and that the experts at trial were “being dishonest and making false statements when testifying”.
In a decision delivered on Thursday, appeal Judge Dennis Lynch found Verhagen’s submissions demonstrated a “misunderstanding of the process” and that the RSPCA search had been lawful.
He confirmed the guilty verdicts to nine of the charges – but found her not guilty and acquitted her of the other four, which included one of animal cruelty.
At trial, Mr Turra had found Verhagen guilty of the single animal cruelty charge for using a scalpel to cut a large lump “bigger than a golf ball” from Golden Retriever Cody’s body and a smaller lump off his head.
Verhagen had been self-represented at trial and told the court she had spread numbing cream on Cody’s skin prior to the surgery.
A veterinary expert testified that this was “not adequate pain relief” and there were “no circumstances” in which this surgery would have been appropriate for a lump under the skin surface.
On appeal, Judge Lynch said there was no doubt Verhagen had not had appropriate formal qualifications to perform the procedure.
But he said it had not been proved beyond a reasonable doubt that the procedure had caused Cody unjustifiable pain, as the expert had also stated the numbing cream might provide pain relief for removing a lump on the surface of the skin.
“(The expert) had no knowledge, including for example, the size of the wound and lump, and how quick the incision … Without knowing what numbing cream was used, she could not say if the dog would have experienced pain,” Judge Lynch said.
Judge Lynch noted there was no evidence to prove the animal cruelty charge had occurred within the time limit for the charge to have been brought, and discharged Verhagen of that offence.
He also found Verhagen not guilty and discharged her of three counts of breaching a duty of care (failing to provide appropriate treatment for injury) – one of which related to the same Golden Retriever, Cody.
It had been alleged at trial that Verhagen had failed to provide appropriate treatment for Cody’s osteoarthritis, which she had told the court she had treated with turmeric.
The other dismissed charges related to allegations Verhagen had failed to appropriately treat Great Dane Jigsaw’s ear infection, and that she failed to appropriately treat Golden Retriever Summer’s dental disease.
Judge Lynch said Verhagen had taken some steps to treat the ear infection and osteoarthritis and that there was limited evidence of her awareness of Summer’s dental disease.
He confirmed the guilty verdict for the remaining charges, including three counts of failing to provide appropriate treatment for injury, three counts of failing to provide appropriate accommodation or living conditions, two counts of failing to provide appropriate water, and one of failing to comply with a compulsory code requirement to provide housing and exercise areas that were clean.
Those charges included Verhagen failing to treat Jigsaw, Cody, and Chihuahua Pablo’s dental disease, along with housing multiple dogs in flea-ridden enclosures.
Verhagen was also found guilty of confining Great Danes Nala and Jigsaw, along with Golden Retrievers Honey and Cody, in faeces-ridden enclosures where they had no access to bedding.
“(Verhagen) did not maintain the enclosure in a clean state and allowed a build-up of faeces, and made no alternative arrangement (when sick) to ensure the pen was cleaned,” Judge Lynch said.
He said Verhagen was “well and truly aware her dogs were being confined in an area infested with fleas” and that it was “obvious” her efforts to treat the fleas had been unsuccessful.
After Judge Lynch dismissed four out of Verhagen's 13 charges, he said he would hear the parties at a later date as to sentence and any ancillary orders – noting she had already completed her 18 month probation sentence.
At the time of sentence, Verhagen had also been prohibited from breeding or purchasing any animal for commercial use for five years.
She had further been ordered to pay costs totalling $41,438.52 – including $32,233.52 to the RSPCA for the costs incurred in providing care to the animals, $9,000 for the RSPCA’s legal costs, and $205 for the cost of summons.