How the death of one kangaroo could leave Tracy with a criminal conviction

Warning: Graphic content

Tracy Dods never imagined that caring for rescued wildlife as a WIRES volunteer would land her in a criminal prosecution.

From 2016 to 2021, the 54-year-old artist from Kanimbla in the Blue Mountains looked after 278 injured native animals, mostly eastern grey kangaroos. Some were euthanised while others returned to the wild.

Tracy Dods outside Katoomba Court House in October.Credit: Nick Moir

The fate of one, a four-year-old female eastern grey kangaroo named Dolores, is at the heart of an animal cruelty case being watched closely by wildlife carers around NSW who fear similar allegations being made against them.

The RSPCA is prosecuting Dods for allegedly failing to provide necessary veterinary treatment for an eastern grey kangaroo in her care, resulting in it “being in such a physical condition it was cruel to keep it alive”. Dods has pleaded not guilty.

WIRES, the largest and richest wildlife charity in Australia, remains embroiled in internal conflict and dozens of current and former wildlife carers have attended court to support Dods, even travelling from as far as the Riverina.

Dolores the kangaroo and the injuries sustained by the animal in a barbed wire fence, pictured in October 2020 (bottom right) and partially healed in February 2021 (top right).

Magistrate Leanne Robinson at Katoomba Local Court heard closing arguments on Wednesday and will share her decision on March 11, four years to the day since the raid on Dods’ home when Dolores was removed and euthanised.

Defence solicitor Hal Ginges said the RSPCA was seeking “severe penalties” – that Dods dispose of all animals in her care within 14 days, not keep or care for animals for 20 years, and pay RSPCA for the care of the euthanised animal and legal costs.

The court heard that a member of the public found the kangaroo on October 14, 2020, with her legs hanging from a barbed wire fence and called WIRES. A volunteer took the kangaroo to Nepean Animal Hospital for assessment.

Head nurse Jess Stone said in her witness statement that the kangaroo had lacerations to both hind legs, exposing the bone. The X-ray showed no broken bones and Stone’s main concern was the risk of infection.

WIRES called Dods to ask if she could care for the animal. She accepted and arranged to collect the kangaroo and take her home for rehabilitation. She named her Dolores.

On the witness stand in July 2023, Dods said she looked at Dolores for hours every day because she could see the enclosure from her windows. As well as changing bandages, she would “carry [Dolores] in and out of the enclosure, bring her food, pick up poo ... give her water, tend to her, it was continuous really”.

The court also heard evidence that Dods took Dolores to Hartley Valley Vets in January 2021 because both wounds were “swollen and warm”.

Various emails submitted in evidence suggest both the WIRES head office and the Blue Mountains branch checked in for updates. In February 2021, Dods provided WIRES with photographs of the kangaroo’s injuries and took part in a Zoom call to discuss the animal’s progress.

Supporters of Tracy Dods outside Katoomba Court House in October.Credit: Nick Moir

A few weeks later, WIRES veterinary practitioner Dr David Phalen and RSPCA inspector Anthony Croker arrived unannounced at Dods’ home to inspect the kangaroo. The court heard Phalen acted on the request of WIRES wildlife welfare co-ordinator Zoe Little and WIRES chief executive Leanne Taylor.

Phalen reported that the animal was “unable to stand, walk or hop”, had generalised muscle atrophy, no sciatic nerve function, and a completely immobile hock joint. Dolores was euthanised, and two other kangaroos were removed.

Phalen added that the post-mortem also revealed parasites, bed sores and a fracture near the joint that had healed abnormally.

He provided evidence that he believed the kangaroo needed weekly veterinary assessment. In cross-examination, he dismissed Dods’ visit to the Hartley clinic since she was only seeking an antibiotic and requested it by name.

WIRES representatives leave Katoomba Court House in October.Credit: Nick Moir

“That’s not seeking advice, that’s telling veterinarians … what she wants without any form of diagnostics or consideration of the differential diseases,” he said.

The RSPCA said Dods formed her own views about the prognosis of the animal and appropriate treatment rather than consulting a vet. Dods admitted in cross-examination to giving the kangaroo treatments such as “massage”, “physio” and “Bowen therapy” for which she was not trained, and administering leftover medication prescribed to another kangaroo.

The RSPCA described Dods as an “unreliable narrator”, while Ginges contended she was a “shy person” who was unfamiliar with court processes.

The defence case denies Dods failed to provide the kangaroo with any necessary treatment, does not accept it was cruel to keep it alive, and denies she acted in any way that could be reasonably regarded as animal cruelty. The defence argued that “veterinary treatment” legally included treatment carried out according to a vet’s instructions.

Ginges said a defence of acting on “an honest and reasonable mistake of fact” could also apply since Dods was an experienced carer who believed Dolores to be making a slow but progressive recovery.

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