Man who left neighbour’s cat in trap, leading to its death, has animal cruelty charges dismissed

A MAGISTRATE has dismissed animal cruelty charges against a Wantirna South man who left his neighbour’s beloved pet cat in a hired trap, leading to its agonising death.

The Pierce family's cat Mytzle died in a cat trap set by neighbour Jim Ho Woon Kwo in 2016.

A MAGISTRATE has dismissed animal cruelty charges against a Wantirna South man who left his neighbour’s beloved pet cat in a trap, leading to its agonising death.

Jim Ho Woon Kwo, who admitted not reading all the guidelines before setting the cat trap, appeared in the Ringwood Magistrates’ Court on May 22 charged over the death of the Pierce family’s five-year-old cat Mytzle on February 5 last year.

Knox Council, which supplied the trap, charged Mr Kwo with two animal cruelty offences but both were dismissed by magistrate Andrew McKenna, who said it couldn’t be proven that Mr Kwo knew his actions would result in the cat’s pain and suffering.

In a recorded interview between local laws officers and Mr Kwo, played in court, Mr Kwo said he had trouble for a decade with cats pooing in his backyard, which caused a stench and affected his plants.

Mr Kwo hired a cat trap from the council on January 29 last year and spoke to a council employee about the procedures he had to follow when using it.

But in the interview, Mr Kwo admitted he did not read all the information given to him, including that the cage should not be put in direct sunlight or used on days when the temperature exceeded 27C.

The court heard on the day Mytzle died, the temperature reached a maximum of 28C and the cage was in direct sunlight.

Mr Kwo put tuna in the cage, but no water.

A vet told the court Mytzle most likely died from heatstroke. Picture: Supplied.

Mr Kwo said on the day Mytzle died, he and his wife went outside several times and didn’t see a cat inside the trap; the last time one of them checked was 12.30pm.

At 3pm, Mr Kwo was working upstairs when his daughter called out and said there was a cat in the trap.

In the interview, Mr Kwo said he called the council, who said they would send someone around quickly.

He saw Mytzle inside the cage and said she appeared calm.

When asked by the local laws officer why he didn’t move the cage to a shady area, Mr Kwo said he was scared and had a phobia of animals.

“I didn’t think the cat was stressed,” Mr Kwo told the officer.

“I had no intention of killing a cat.”

At 3.20pm he went to a physiotherapy appointment, and when he came back at 4pm his daughter told him the cat was dead.

He said he and his daughter were traumatised by the incident and he would be worried about using a cat trap again.

A Knox Council local laws officer told the court when he and his colleague got to Mr Kwo’s home at 3.28pm they found the cat cage sitting in full sun, and moved it into the shade.

The council officer said the cat seemed semi-rigid, her tongue was blue, her mouth and eyes were open, and her front legs wet.

He said if Mytzle wasn’t already dead, she needed immediate vet care and they drove her to a vet about 10 minutes away.

The vet who examined Mytzle told the court the cat was dead on arrival, with heatstroke the most likely cause.

The vet said Mytzle would have likely suffered anxiety, discomfort, then severe distress and suffering before she died.

In court, Mr Kwo’s lawyer Marcus Dempsey put it to the vet — who agreed — that cats were stoic, and someone who was not familiar with them may not be aware of symptoms of heatstroke. Mytzle also had no signs of physical trauma.

Mr Dempsey said the information the council gave to Mr Kwo was “woefully inadequate” in terms of warning about the chance of death and injury.

Knox Council’s lawyer, Serge Petrovich, put it that Mr Kwo was reckless in his responsibilities by not providing shelter and water for the cat.

But Mr McKenna said it couldn’t be proved beyond reasonable doubt that Mr Kwo was aware that by placing the cage in direct sun on a warm day, it would result in the cat suffering.

“There is no evidence he had that state of mind,” Mr McKenna said.

Mr McKenna said Mr Kwo kept the cage under reasonable observation and he and other family members had checked on it.

Several members of the Pierce family were in court for the verdict and broke down in tears.

The council was ordered to pay Mr Kwo’s legal costs of more than $16,000.

Distraught family want cat traps banned

A DEVASTATED Wantirna South family is calling for cat traps to be banned from public use after their beloved pet died in one.

Jenny Pierce and her four adult children, who all have disabilities, were shattered after Mytzle died after being caught in a trap their neighbour Jim Ho Woon Kwo hired from Knox Council.

Mrs Pierce said they were devastated charges against him were dismissed in court this week.

Mrs Pierce and daughter Reanna, 21, broke down in tears in court after hearing the verdict.

Jenny and Reanna Pierce with a photo of their beloved Mytzle. Picture: Lawrence Pinder

Mrs Pierce said her son Sam, 26, and Reanna have anxiety, depression, dyslexia and attention deficit hyperactivity disorder, and Mytzle, nicknamed Princess, was like a therapy cat for them.

The siblings saw a counsellor this week to help them cope with the court decision.

“She had no training, she was just the type of cat that knew if you were stressed and would come and sit in your lap — she was special,” Reanna said.

The family has buried Mytzle in a special spot in their garden, with an ornament that reads “Forever in our hearts”.

Mrs Pierce said Mytzle and their four other cats had mainly stayed confined to their property.

She believed Mytzle was lured inside the trap because she smelt tuna.

Mrs Pierce said the last time Mytzle was seen was 9.30pm on the night before she died.

Reanna said Mr Kwo had never raised concerns about the cats trespassing on his property.

Reanna Pierce with a memorial statue for Mytzle. Picture: Lawrence Pinder

Mytzle acted as a therapy cat for the Pierce children. Picture: Supplied

The family is now determined to make sure no other animal suffers in a cat trap and wants the public banned from hiring them from councils.

“We don’t want this to happen to anybody else,” Reanna said.

“I just keep thinking if it hadn’t happened to Mytzle, it could have happened to anyone’s animal.”

Mrs Pierce said at the very least, people who hired traps should be made to sign a legally binding document that states they will follow the exact rules of use.

The family has already contacted the State Government about wanting the law changed and plans to run a public campaign getting support for the changes, including making bumper stickers and wrist bands. They’re looking at crowd-funding to get the campaign happening.

“It’s about giving animals a voice,” Reanna said.

The family is also considering civil action against Mr Kwo.

The Cat Protection Society of Victoria president Ian Crook said it believed the proper use of approved traps where necessary was appropriate and there were generally no practical alternatives.

RSPCA Victoria policy manager Mhairi Roberts said residents who had concerns about a cat’s behaviour should first try approaching the owner.

Ms Roberts said people who used traps must understand the risks.

“By choosing to use that trap you have a responsibility to ensure the welfare of trapped animals, including the target animal and any other types of animal you may accidentally trap,” she said.