Chief Justice to deliver decision on TT-Line conviction and fine after polo ponies deaths

TT-Line could walk away without conviction, or without needing to pay a $75,000 fine, following the deaths of 16 polo horses it carried across the Bass Strait. Latest from the court saga >>

The 2018 Barnbougle Polo. Picture: Facebook

The Spirit of Tasmania’s operator could walk away without conviction, or without needing to pay a $75,000 fine, following the suffocation deaths of 16 polo horses it carried across the Bass Strait.

The long-winded case, which has been bitterly fought since the January 2018 calamity, returned to the Supreme Court of Tasmania on Monday for submissions following an appeal.

The matter now has a long and complex history – but after a number of court battles, Burnie magistrate Leanne Topfer in October 2022 ultimately found TT-Line guilty of 28 animal welfare breaches relating to the ventilation and double stalling of most of the 18 horses carried on the ferry following a Barnbougle polo tournament.

She also found TT-Line guilty of using a method of management reasonably likely to result in unreasonable and unjustifiable pain and suffering to animals

In March last year, Ms Topfer sentenced TT-Line – which seemingly has spent millions of dollars in legal fees defending the charges – to a $75,000 fine.

The following month, TT-Line appealed its guilty finding in the Supreme Court, ultimately having the latter pain and suffering charge quashed.

While it was expected that charge would be remitted to the magistrates court to be reheard by a different magistrate, the Supreme Court heard on Monday that prosecutors had instead decided not to continue with it.

A Spirit of Tasmania ferry.

Interstate silk David Neal SC, acting for TT-Line, argued that “no conviction at all should be imposed” on the remaining 28 charges – as it would be a disproportionate punishment.

He also argued the fine should be reduced, given TT-Line’s main charge had now been quashed.

Mr Neal noted the damage to TT-Line’s reputation.

He said since the incident, there had been a great deal of media coverage over not only the incident and that fact TT-Line was defending the charges, but the amount of money it was spending on proceedings.

He said the reality was that TT-Line had carried “thousands and thousands” of horses and other animals over the years, without any prior conviction or charge, and that witnesses had testified in court to the company’s quality of care and good record.

Mr Neal also argued that even though TT-Line had breached regulations by not ensuring the horses weren’t double-stalled, this wasn’t the actual reason for the deaths – which in fact was due to the lack of passive ventilation in the truck.

Madeleine Wilson SC, acting for the Department of Natural Resources and Environment Tasmania, said it was conceded “the original sentence cannot stand”.

“It’s also true to say there was nothing in Her Honour’s decision to say how she demarked the regulatory offences in the $75,000 penalty that was imposed,” she said.

However, Mrs Wilson argued TT-Line’s breach of regulation was a serious one, and it was in the public interest to ensure a conviction was recorded.

“The obligation to ensure the horses were singly stalled had been in force for about 30 years,” she said.

“There was no practice of checking by the company.”

Mrs Wilson said there would “no doubt” have been an effect on TT-Line’s reputation.

She also argued that a conviction might not have a significant effect on TT-Line’s business, given there were few other options for transport across the Bass Strait.

Polo captain Andrew Williams, who owned and drove the trailer in question, pleaded guilty to 17 breaches of the animal welfare act and was fined $15,000 last year.

Chief Justice Alan Blow reserved his decision on the TT-Line case, to deliver at a future date.

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