Pets Galore Toowoomba judgment: Nicole Bourne sentenced for sick animal crimes
Decomposing pets, animals that had chewed their own tails off before dying and many covered in faeces, these are the heartbreaking details a court was told of how hundreds of animals suffered and died while under the care of a Toowoomba pet store owner.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
Toowoomba pet store owner Nicole Louise Bourne has been sentenced in court for failing to adequately care for more than 546 animals more than 14 years after coming to the attention of the RSPCA.
The 39 animal welfare offences Bourne pleaded guilty to in early October, 2023, involved a range of animals inluding, 13 cats, 280 birds, 15 guinea pigs, 234 mice, four rats and bearded dragons.
The offences occurred within a 10-month time period in 2020, and charges were laid following raids at her business and home where more than 400 animals were seized.
The 45-year-old mother of one, currently owns the Pets Galore store on Hodgson St, Toowoomba, where a number of animals died, became ill, diseased, and lived in “appalling conditions”, a court was told.
Secret “putrid” breeding enclosure
The court was told seven Ragdoll cats were kept at Bourne’s residence for breeding purposes, and now had intestine issues due to the “squalor” of their enclosures, as the floors and walls were “caked” in layers of faeces, hair, and urine.
The court was told the flea-ridden cats had treatable illnesses, and that their fur and feet were also “caked” in a mixture of dirt, faeces, and urine.
A further 11 cats were found in the back of the store in a cramped enclosure, which led to skin infections and behavioral issues – especially those that were there for years.
The Toowoomba Magistrates Court was told Bourne pleaded guilty to the offences “at the last hour” before a hearing, after spending the past three years disputing the crimes.
The charges included failing to provide appropriate accommodation and living conditions, failing to provide appropriate treatment for injured animals, failing to take reasonable steps to provide for the animal’s needs for displaying normal patterns of behaviour, and failing to comply with an animal welfare direction.
Magistrate Kay Philipson said Bourne’s treatment of the animals was “a significant dereliction of her duty, which she owed to each one of those animals”.
“A number of the animals… suffered significant harm, including behavioural issues, hair loss, bites, flea and mite conditions, gastrointestinal issues, eye conditions, the appalling state of their fur, paws, and skin, respiratory conditions, and so on,” she said.
“A number required treatment, and an even larger number required to be euthanised.”
Lies and deceit
Ms Phillipson said Bourne was “well aware” of the standards of care she needed to meet, and chose to disregard the animals’ welfare - noting the cats found at Bourne’s home were seized three weeks after her store was raided.
“She had a callous disregard for (the cat’s) welfare and her failure to properly care for those animals was, in my opinion, egregious given the significant education and assistance she had previously been given (by the RSPCA),” Ms Philipson said.
The court was told Bourne lied about a sick Ragdoll kitten for sale, stating she had gotten it from a breeder when she in fact bred it herself.
The kitten was extremely emaciated, dehydrated, flea-ridden, had severe cat flu, and a skin disease - it is now on a lifelong antibiotic treatment plan.
During the raids, Ms Philipson said Bourne told officers she had just cleaned out multiple mice enclosures, despite the “putrid” smelling cages having a number of dead mice in various stages of decomposition, as well as a layer of droppings and urine.
The mice were lethargic, some chewed their tails off, had repertory illnesses, and a number had “horrific wounds,” the court was told.
In August following the raids, the court heard Bourne was seen removing dead fish from a tank riddled with carcass debris, while telling inspectors the matter floating in the water was fish food.
Decade long investigation
Bourne came to the attention of the RSPCA in 2006, which over the years reviewed hundreds of complaints from concerned community members.
The court was told before the RSPCA raids occurred in early 2020, Bourne was issued with animal welfare direction notices and had lengthy discussions with the RSPCA on how to properly care for her animals.
Bourne tried and failed to dispute each notice before the Department of Agriculture and Fisheries.
Barrister and RSPCA prosecutor Liza Marshall said when the store was raided, Bourne told inspectors there was nothing wrong and she did not understand why they were there.
Ms Marshall said a vet and RSPCA inspectors, found welfare issues with every single animal in her care, noting a deceased bird was located in a stagnant water bowl, as well as a number of dead fish and rodents.
“People who use animals in a commercial capacity should not profit off the misery of them,” she said.
“This is one of the most serious commercial matters we have seen with animals over a long period.
“Many (animals) had significant injures, illness… (which) were obvious to a layperson.
“A majority of birds seized on May 20 were euthanised because of their extremely poor condition … others passed away unassisted.”
Ms Marshall told the court Bourne was uncooperative with inspectors and had ample opportunities to rectify the issues before charges were laid.
Judgement
Barrister Jens Streit and solicitor Harrison Humphries, of Clifford Gouldson Lawyers, tendered a number of letters in support of their client and noted she was not charged with the more serious charge of animal cruelty.
Mr Streit said the single mother had a number of university qualifications and was currently studying for a master’s in secondary teaching at the University of Southern Queensland.
Following the raids, Mr Streit said Bourne was diagnosed with adjustment disorder and her “sense of identity had been rocked to the core”.
Ms Philipson said that given Bourne clearly lacked insight into her offending which was detrimental to a large number of animals, a probation order was warranted alongside a fine.
Given Bourne lived with her mother and owned two rental properties, Ms Philipson said she had the capacity to pay a large fine.
Bourne was sentenced to a two year probation order and fined her $54,854.40, which included court costs.
No conviction was recorded.
Concerns for future Pets Galore animals
Following the sentence, Ms Marshall tendered a prohibition order on behalf of the RSPCA to limit the amount of animals Bourne could have in store, and stop her from owning her own pets.
Bourne’s legal team agreed to the new terms, however Ms Philipson questioned whether Bourne should have “any animals at all” given she had been on the RSPCA’s radar for more than 14 years.
“I have significant concerns… given the longstanding nature of the (200+ community) complaints,” she said.
“I find it outstanding that someone can be so consistently brought to the attention of the RSPCA and it’s taken (this long) before they’re prosecuted.”
Ms Philipson said she needed time to consider the order.
She also expressed concern over procedures preventing RSPCA investigators from carrying out unannounced visits, especially when animal offenders are subjected to RSPCA compliance orders.
In November 2021, Ms Bourne agreed to a temporary court order prohibiting Pets Galore from having a certain number of animals until the charges were finalised - that order still stands until Ms Philipson delivers her judgment.
A date was not set for when the prohibition order would be finalised, however it would likely be the following week at a different courthouse.
Police track stolen vehicle to busy Toowoomba shopping centre
A Toyota HiLux allegedly stolen from a Toowoomba residence went on quite an adventure overnight before it was dumped at a busy shopping centre. Here’s what we know.
Man to front court charged over attempted carjacking at motel
Police will allege the man attempted to steal two vehicles before fleeing a taxi, but he did not get far.
Woman who sold stolen gun found wearing stolen jewellery
A woman who sold a stolen semi-automatic handgun was caught by police wearing jewellery linked to an alleged $40,000 robbery.
Traffic delayed after truck, car collide on Darling Downs highway
A major Darling Downs highway has been impacted after a truck and car collided in the early hours on Thursday. Here’s what we know.
Everybody appearing at Toowoomba Magistrates Court, Thursday, October 3
Here is a list of matters listed at Toowoomba Magistrates Court on Thursday.
Teen refuses cops phone entry claiming X-rated content
A young woman on bail for serious drug charges has spent a night in the slammer after refusing to hand over her phone PIN to police during an early morning raid.