Zeki Kadir fights for evidence on animal cruelty charges to be thrown out
A former greyhound trainer facing ‘live-baiting’ charges has made a bid to have potential evidence against him thrown out.
Penrith
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A former greyhound trainer facing animal cruelty charges has made a bid to have potential evidence against him ruled inadmissable despite a ruling in the High Court back in February.
Zeki Ray Kadir has pleaded not guilty to two counts of animal cruelty over allegations he used live animals as bait to train his greyhounds in Londonderry.
His trial was originally scheduled to begin in February, but was pushed back to April after Kadir said he wasn’t aware of the start date and couldn’t afford a lawyer.
His April trial was vacated due to the COVID-19 pandemic.
The practice of live baiting was exposed during an episode of ABC program Four Corners which investigated the greyhound industry.
The fallout from the program led to the greyhound racing industry being banned in 2016, however the ban was overturned before it was due to come into effect in July, 2017.
Judge Mark Buscombe initially ruled in 2017 that a number of recordings, including audio and video, could not be admitted to court, but that was overturned by a High Court ruling in February that said only the video material could not be admitted.
Kadir had also attempted to have material gathered during a search warrant excluded, claiming the RSPCA had broken the law by applying for the warrant on the basis of illegally obtained footage, but this was rejected by the High Court.
His lawyer made the same claim in Penrith District Court before Judge Buscombe on Thursday.
He said he had evidence the RSPCA had acted criminally in obtaining the search warrant, and that the court was required to revisit decisions based on the evidence.
However, Judge Buscombe noted Kadir had plenty of opportunities to raise this before Thursday.
Kadir’s defence also raised the issue of disclosure, saying the RSPCA should have had a “duty to disclose it to police” if someone had committed a crime.
Judge Buscombe refused the defence’s motion. Kadir’s trial will begin on October 12.