Fresh veterinary report delays sentence over the death of 16 polo ponies

A new report received before Magistrate Leanne Topfer was due to hand down a sentence to TT-Line and a polo champ has had an unexpected impact. >>

A REPORT from a respected European vet has led a Tasmanian magistrate to delay sentencing the operator of Tasmania’s Spirit of Tasmania ferries for its role in the death of 16 polo ponies on board.

In his report, the vet who regularly travelled with horses on ferries between England and France, said if TT-Line had allowed someone to check on the ponies on board that night, their kicking and whinnying would have been audible above the ship’s engines and an emergency response activated.

Magistrate Leanne Topfer said the report, received in sentencing submissions from Andrew Williams’ lawyer, explained that horses responded to an increase in temperature and carbon monoxide with panic and would have been trying to escape during that voyage in January, 2018.

“Horses panicking in a vehicle would have prompted an emergency response if the animals were being checked. Dr Leiden also said lowering the ramp would have saved those horses,” Magistrate Topfer said.

“I did not have this information before me in the hearing and it is relevant to the question of sentencing.”

Spirit of Tasmania. Picture: Alan Barber

Magistrate Topfer adjourned sentencing for another two weeks for that report to be considered by TT-LIne’s lawyers.

It is now more than five years since the deadly voyage in January, 2018 in which the horses, that had been in Tasmania to compete in a polo tournament, died in transit back to Victoria.

In October, the company was found guilty of all animal cruelty charges laid in relation to the death of the horses in a converted refrigeration trailer being driven by former polo champion Andrew Williams.

Mr Williams pleaded guilty to 19 animal cruelty charges laid against him and was also due to be sentenced on Wednesday.

TT-Line were found guilty of all 29 breaches of the animal welfare act - including failing to ensure the horses were individually stalled and that they had adequate ventilation - by Magistrate Leanne Topfer after a lengthy and oft delayed hearing.

Over the course of a two-week hearing in August, the Burnie Magistrates Court heard evidence detailing how the horses were exposed to high temperatures, increasing their respiratory demand, and likely died about eight hours into the journey across Bass Strait.

TT-LIne has appealed Magistrate Topfer’s decision.

It will be heard by the Full Court of the Supreme Court in a one-day hearing to be set down for late February or early March, 2023..

The company claims Magistrate Topfer erred in her decision.