Ferry operator told it was responsible for death of horses on board

The operator of the Spirit of Tasmania ferries has been found guilty of animal welfare charges related to the death of 16 polo ponies on board after a tournament at Barnbougle in 2018.

THE operator of the Spirit of Tasmania ferries has been found guilty of animal welfare charges related to the death of 16 polo ponies on board after a tournament at Barnbougle in 2018.

“I make the finding in the context of a warm evening where there was a clearly inadequately ventilated transport unit, stationary for 10 hours on the Spirit of Tasmania 1, where there were too many horses in the unit and 16 horses were exposed to the risk of acute heat stress and asphyxiation and died from peracute respiratory failure,” Magistrate Leanne Topfer said, handing down her decision in the Burnie Magistrates Court on Thursday.

It is now almost five years since 16 of the 18 horses loaded into a converted trailer for the trip across Bass Strait on January 28, 2018 were discovered dead when the driver arrived at Yarra Glen in Victoria after the voyage.

TT-Line had pleaded not guilty to 29 charges including using a method of management likely to cause suffering.

the Spirit of Tasmania arrives in Geelong. Picture: Mark Wilson

Former polo champion Andrew Williams, who owned and drove the trailer, has already pleaded guilty to charges of managing the animals in a way which put them at risk of suffocation and asphyxiation when he loaded them on board.

The two surviving animals needed veterinary treatment. Both were closest to the trailer’s tailgate which provided extra fresh air.

During the lengthy court hearing, witness Conrad Stacey, an engineer, told the court his modelling showed the temperature inside the horse trailer would have been at best, very uncomfortable, and at worst, fatal.

He said the horses would have generated 20 kilowatts of heat - equivalent to eight heaters on fall blast in an average size lounge room.

Magistrate Topfer ruled that TT-Line had relied on a declaration from Mr Williams that his trailer had adequate ventilation.

General pictures from the 2018 Barnbougle Polo in Tasmania. Picture: Supplied/ Facebook

“Nothing was done portside or on the voyage to check it complied,” she said.

“TT-Line’s method of management - relying on Mr Williams’ declaration and failing to inspect the unit - was reasonably likely to result in unjustifiable pain and suffering.”

She said if the horses had been single stalled only 11 would have been in that trailer instead of 18 and they may have survived the trip.

She will hand down sentences in December.

It is not yet clear how much defending the charges has cost the Government Business Enterprise.

Last year, TT-Line lost its High Court bid to have the charges reviewed.

In 2020, the ferry operator also failed to convince the state’s top judge it should not be criminally responsible - or even charged - in relation to the death of the horses.