James Wallace Tree pleads not guilty to dog fighting, and Cindy Lee Tree plead not guilty to animal negligence
The inner workings of an alleged dog fighting ring have been exposed during a court hearing that has detailed street level, hobbyist and organised events.
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Three of the four dogs seized from a Sarina Range property had scarring “consistent” with dog fighting and one of the animals was allegedly bred down from an internationally recognised dog fighting bloodline, a court heard.
Mackay Magistrates Court heard books – some with graphic details – alleged to be linked to dog fighting were found at the home.
A US dog fighting expert was called to give evidence in the case against a Sarina Range man, charged over allegations he is involved in a dog fighting ring.
James Wallace Tree is charged with supplying dogs for a prohibited event.
While both he and his wife Cindy Lee Tree are charged with failing to give their four dogs appropriate living conditions and failing to provide treatment for injury.
They have pleaded not guilty to all charges.
Janette Reaver is a Humane Society International senior program manager in animal crime and her role since May 2009 has dealt strictly with dog fighting investigations.
Ms Reaver, who gave evidence via videolink, said she had been working with RSPCA Queensland in relation to an investigation for about two years.
Four days after RSPCA inspectors raided the Trees’ property on September 17, 2020 Ms Reaver received material to review including vet reports as well as images of the dogs and items seized, which she said were consistent with dog fighting.
During a brief explainer to the court Ms Reaver said there were three levels within the dog fighting industry – street level, hobbyist and organised – which were determined by the style of fights.
The court heard for example two street level fighters might pit two dogs of any weight against each other whereas organised fighters will match pedigree dogs, bred down from recognised lineage, at a specific weight in a sanctioned event.
Ms Reaver said American pit bull terriers were considered the ideal dog for these types of events.
The court heard Redboy was an internationally recognised bloodline used in “game dogs” and it was alleged there were comments suggesting one of Mr Tree’s dogs – Shaka – was from that bloodline.
Ms Reaver said scarring on three of the four dogs – Cleatus, Shaka and Rosie – seized from the Trees was consistent with dog fighting.
The court heard dogfight injuries tended to be to the face, muzzle and front paws because attacks in dog fights were usually frontal – and the injuries tended to be puncture and crush injuries.
She told the court the scarring on the fourth dog – Pyro – was neutral.
Defence barrister Kate Juhasz, instructed by Macrossan and Amiet, asked if spontaneous fighting could occur between dogs in a yard where both dogs are bitten to the front face and front legs.
Ms Reaver said it “would be highly suspicious” if an owner’s dogs kept getting off their chains and fighting.
The court heard no dog fighting pit was found on the Sarina Range property.
It is alleged Mr Tree had dog fighting books at the property and that he had posted in private dog fighting groups on social media.
The court heard two of the books were allegedly memoirs of people involved in dog fighting trials.
The court heard in one of the books the author was talking about “scalping a dog or the dog is choking on his own blood”.
“It’s pretty gruesome,” Ms Reaver said.
“There’s some elements within those books with regards to breeding of American pit bull terriers,” Ms Juhasz asked.
“Breeding specific bloodlines, yes,” Ms Reaver said.
Ms Juhasz asked if one of the books was a guide to conditioning and if there was some relevance to people who were conditioning a dog to show rather than fighting.
“That would not be a book for someone who was conditioning for show,” Ms Reaver said.
The court heard there was no indication of recent use regarding any of the books and no evidence Mr Tree had made any notations within the books.
Ms Reaver told the court the way the dogs had been housed – tethered by a heavy chain – was consistent with what she had seen at the home of people who took part in dog fighting.
Ms Juhasz suggested it was also a way some people who did not take part in dog fighting homed their dogs, to which Ms Reaver said “yes”.
Ms Reaver said she did not see any evidence to suggest the heavy chains had caused any injuries to the dogs.
Items found at the home including a flirt pole, break stick and treadmill are alleged to be indicative of dog fighting.
Ms Juhasz suggested flirt poles could also be used for the enrichment of these types of dogs and assist with “pigging”, that treadmills were used by dog owners not involved in dog fighting, and break sticks could be used for emergency situations to separate dogs – all to which Ms Reaver said “yes”.
The hearing before Magistrate Bronwyn Hartigan continues Wednesday.
Man linked to dog fighting allegations after RSPCA seizes four animals
A Sarina Range man is accused of being involved in dog fighting after RSPCA inspectors raided their property seizing four animals, all of which had to be put down.
The RSPCA has alleged scarring to the animals and items found at the property including heavy chains, a treadmill and break sticks were consistent with dog fighting, a court heard.
James Wallace Tree is charged with eight offences including multiple counts of knowingly supplying an animal for use in a prohibited event.
He and his wife Cindy Lee Tree are also charged with failing to provide appropriate accommodation or living conditions and failing to provide treatment for injury.
Both have pleaded not guilty to the charges. Mr Tree claimed to the RSPCA his dogs were “pigging” dogs.
Mackay Magistrates Court heard RSPCA executed a search warrant at the property on September 17, 2020 seizing four dogs the couple had said were American staffy cross.
The court heard the dogs all had to be euthanised because they were too aggressive and could not be rehomed.
The Trees first received a visit from the RSPCA over a negligence complaint about tethered animals on the rural four hectare property.
Body worn footage from Inspector Emma Abbott, that was played in court, of her walking around the property on June 30 and July 1, 2020 showed a number of barking dogs tethered with heavy chains – the chains weighed between four and five kilograms each.
Inspector Abbott noted a “worn dirt area” around the dogs indicating the animals had been “chained for a long period of time”, the court heard.
When she asked for their names as part of her investigation and report, the couple said: Black Dog, Buckskin Bitch, Buckskin Male and Black C--t.
The court heard their names were actually Cleatus, Rosie, Pyro and Shaka.
Inspector Abbott issued the couple an animal welfare notice directing them to improve the living conditions.
When she returned on August 3, 2020 to note any progress the couple had organised large cages for the property and appeared to be complying with the direction.
Then in September former RSPCA inspector Melissa Barraud arrived with the police to execute a search warrant and all the animals were taken, following a separate complaint about tethering.
The court heard there were also allegations Mr Tree was “on game dog pages” – “game dog” was terminology around dog fighting.
RSPCA inspectors also found a number of items they alleged to be linked to dog fighting including scales, a treadmill type device and break sticks.
In the footage Mr Tree said the scales were for weighing pigs, the treadmill for exercise and the break sticks were to break up any clashes between the family pets.
The court heard the dogs were moved to the RSPCA’s Wacol centre.
Defence barrister Kate Juhasz, instructed by Macrossan and Amiet, questioned Inspector Barraud if she had found any animals including puppies, cats or possums used as bait in suspected dog fighting.
“No,” she said, adding bait animals were not found in any of the searches
“There were no fighting pits?” Ms Juhasz said.
“No,” Inspector Barraud said.
The court heard some medical supplies were at the property but it was unclear if it was linked to dog fighting or had some other purpose.
“Rule books, they weren’t located were they?” Ms Juhasz said.
“Not that I recall,” Inspector Barraud said.
There were books found at the property which Ms Juhasz questioned if they had to do with dog breeds, to which Inspector Barraud said they had to do with “American pit bull terriers”.
Inspector Barraud labelled them “dog fighting related books” but agreed there were no records kept by the Trees inside the books.
Ms Juhasz asked if there were records, diary notes, anything connected with dog fighting, to which Inspector Barraud said “no”.
“There were children out interacting with the dogs?” Ms Juhasz asked.
“Yes,” Inspector Barraud said, agreeing the dogs had also been friendly with her adding she would have expected that with game dogs.
The hearing continues on Tuesday.
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Originally published as James Wallace Tree pleads not guilty to dog fighting, and Cindy Lee Tree plead not guilty to animal negligence