Convictions quashed, fine decimated: Spirit of Tasmania’s win after pony deaths appeal

UPDATED: The Spirit of Tasmania’s operator has emerged triumphant after a lengthy court battle over the deaths of 16 polo horses at sea, with a final decision handed down today.

TT-Line has had 26 of its convictions quashed, and its fine decimated, after the deaths of 16 polo horses it carried across the Bass Strait.

The Spirit of Tasmania’s operator has emerged triumphant after a lengthy court battle over the deaths of 16 polo horses it carried across the Bass Strait.

On Friday, following an appeal, Tasmania’s Chief Justice Alan Blow ruled that only two of TT-Line’s 28 convictions, relating to the double-stalling of the horses, would not be set aside.

The Supreme Court judge also ordered that a previously-imposed Magistrates Court fine of $75,000 would be set aside, and replaced with a fine of $4000.

TT-Line also won a costs application against the Department of Natural Resources and Environment Tasmania, meaning the department will also need to foot the bill for the ferry operator’s appeal legal costs.

Friday’s judgment finally brings the longwinded legal battle to an end, following the January 2018 calamity, which came after a polo tournament at Barnbougle in Tasmania’s north.

Chief Justice Blow’s decision comes after a court clash between the parties last week, which heard that even though TT-Line had breached regulations by not ensuring the horses weren’t double-stalled, this wasn’t the actual reason the horses died.

Instead, the horses died due to the lack of passive ventilation in the truck they were carried in.

TT-Line’s 29th and most serious conviction – of using a method of management reasonably likely to result in unreasonable and unjustifiable pain and suffering to animals – was previously set aside in July 2023.

In his published reasons, Chief Justice Blow said during the trip from Devonport to Melbourne, 30 horses were carried on the Spirit of Tasmania I in two livestock transport vehicles.

One of the vehicles arrived in Victoria with its 12 horses unharmed, while the other vehicle – a converted refrigerator trailer – arrived with 16 of its 18 horses dead.

Those 16 horses had been double-stalled.

However, Chief Justice Blow said there was no suggestion that being double-stalled caused or contributed to their deaths.

He said since TT-Line’s most serious charge had been dismissed, the fine of $75,000 “obviously cannot stand”.

In noting TT-Line’s circumstances, Chief Justice Blow said it was a state-owned company operating since 1985 with no prior convictions, and had argued to emerge from the proceedings without convictions over concern for its reputation.

He said it had a good track record of transporting horses, having carried more than 7200 horses in the eight years between 2010 and 2018, and had sponsored the 2018 Barnbougle polo event, transporting the horses in question free of charge.

However, Chief Justice Blow found TT-Line’s non-compliance with requirements to ensure the horses weren’t double-stalled was “so serious” that some sort of conviction was required.

“I think the most appropriate outcome is for the company to suffer two convictions – one for each vehicle – and a fine of $4000,” he said.

Spirit of Tasmania CEO Bernard Dwyer welcomed the judgment, noting the horses’ deaths were no longer attributed to any negligence on the part of the company.

“Pleasingly, (Chief Justice Blow) accepted that TT-Line did not intend any breach of the regulations and that there is now no suggestion that the double stalling caused or contributed to the deaths of the horses,” Mr Dwyer said.

“He also recognised TT-Line’s previous good record with carrying horses and noted TT-Line’s cooperation with the authorities and the new systems put in place for inspection of horses.”

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