Horse trainer convicted of neglecting more than 40 horses loses appeal

An animal trainer convicted of neglecting more than 40 horses on a south coast property has told a Sydney court how she was ‘crippled’ by the charges as she launches her third appeal.

Animal trainer Janice Louise Denny, who was convicted of neglecting more than 40 horses at properties in Tantawangalo and Candelo, has launched her third appeal to have the charges overturned in a Parramatta court.

Denny was sentenced to 15 months in jail by a Bega magistrate in 2020 after being found guilty of failing to provide proper and sufficient food and vet care to dozens of horses and ponies.

At the time, Denny said she was operating a horse training business where she de-wormed and broke the horses, before selling them on.

Evidence provided by RSPCA inspectors detailed the state of neglect in which the horses were living, with insufficient feed, rib cages and spines exposed by malnutrition, and unattended infections.

The Tantawangalo woman, who appeared via AVL at Parramatta District Court on April 8, argued that the horses, which were the subject of a 2019 investigation by the animal group, were not in her care.

Denny provided a written statement to Judge Mark Buscombe detailing her complaints with the proceedings and told the court she has since been locked out of the Candelo and Tantawangelo properties.

In handing down his judgment, Justice Buscombe said witness statements provided by the owner of property attesting to Denny’s duty of care were inadmissable, but ultimately ruled against the appeal.

Janice Denny, from Candelo, has lost her appeal to overturn charges of neglecting more than 40 horses of the NSW south coast.

“Despite having some very considerable reservations about how the prosecuting counsel conducted the case, I am still satisfied on the admissible evidence that the charges are proved beyond reasonable doubt,” Justice Buscombe said.

Visibly distraught at the decision, Denny told the court the outcome was “crippling” and unexpected.

“I wasn’t prepared for this at all,” she said.

“I‘m going to have to say that no matter what happens today, I’m going to have to appeal the decision again, because there are things that weren’t taken into consideration.”

Denny told the court since the horses were seized in September 2020, she had been living in a caravan and off of Centrelink payments. The horses remain in the care of the RSPCA.

“I have nothing,” Denny said.

“These people (the property owners) have taken everything from me.

“I had a 200-strong horse riding school and when I left I had nothing – my family have nothing.”

Justice Buscombe adjourned sentencing so that Denny could submit documentation concerning her mental and financial status. Denny will return to Parramatta District Court via AVL on May 5.

The Parramatta judge’s decision was delivered over two hours, and finely detailed concerns he had with the handling of evidence and witness statements presented during the original court case, as well what opportunities Denny had to present her own argument given she represented herself without legal aid.

“In approaching the evidence and the manner in which the hearing in the local court was conducted, I have had regard to the fact that the appellant appeared unrepresented,” Judge Buscombe said.

“I noted in particular that on the appeal, the appellant has submitted that the evidence did not show that she was the person in charge of the animals the subject of the charges in the sense of having care, custody and control.

“It is clear that issue was filed by the appellant early on in the proceedings in the local court.”

On September 9 2020, an RSPCA inspector received complaints about how animals were being kept on the properties. Those complaints generated the investigation, Judge Bruscombe said.

“The inspector does not explain, as he should have, how he knew that the property was that of the appellant,” he said.

During a visit to the property on September 21 2020, NSW Police and RSPCA inspectors came across a woman living in a caravan.

“According to the witness‘s statement, the woman described the remaining horses as being the property of the appellant,” Judge Bruscombe said.

“I know that at least by the time of the cross examination of the inspector, it was apparent that the connection of the appellant to the horses at that property was an issue which the appellant was raising.

“Given the appellant was unrepresented, in my opinion, some explanation to her should have been provided about the hearsay nature of this evidence concerning what the woman told the inspector about the ownership of the horses of the property, and her right to object to that evidence, insofar as the prosecution sought to rely upon it.

“If the appellant had had it explained to her the ability to object the evidence, during the course of her cross examination of the inspector, the evidence could have been excluded.

“This unfortunate state of affairs was compounded by the fact the woman was not called to give evidence in the prosecution case, but her statement was permitted to be tendered as evidence.”

Nonetheless, Judge Bruscombe stated that in subsequent conversations between the appellant and RSPCA officers, Denny clearly showed that the horses were in her care, referring to them as her own, as well as the struggles she said she had in getting vet care for them.

“This evidence satisfies me beyond reasonable doubt that as of September 21 2020, the appellant was the person in charge of the vast majority of horses found at the property that day,” he said.

“There was an essence of acknowledgment of that fact in Denny’s interactions with inspectors.

“That finding is relevant to each of the offences alleged.”

In a document tendered by Denny dating back to 2016, she admitted to having joint care of the horses.

Judge Bruscombe said the document only furthered the original prosecution’s case.