CONVICTED (2021) | Benjamin Peter Marshall, born 23 May1977, of New Street, Southowram, Halifax – failed to care for two donkeys

Marshall, who had ignored advice from both the RSPCA and The Donkey Sanctuary, pleaded guilty to three animal welfare offences in relation to 13-year-old Jemimah and her four-year-old daughter Snowball.

He failed to meet the donkeys’ basic welfare needs by not providing them with access to a clean supply of fresh water or a suitable and safe environment to live in. In addition, also failed to seek veterinary treatment for their various ailments which included laminitis and thrush. He also failed to provide the donkeys with adequate dental and foot care.

RSPCA Inspector Rebecca Goulding and two welfare advisers from The Donkey Sanctuary discovered the donkeys living on a waste site that contained many dangerous objects.

The area was littered with broken plastic, wood, scrap metal, dumped wooden pallets and rolls of metal fencing among other rubbish.

There was also a broken trailer that had multiple sharp edges on it and the area was strewn with broken metal and glass. She found that there was no area of the field that was safe or suitable for the donkeys.

The grass cover was sparse and the forage foraging provided for the two donkeys was wet and covered in mud and faeces.

Marshall advised the donkeys had access to water in a dustbin, but the water level was too low down for the donkeys to reach. Their shelter was dirty and deep in mud and faeces and meant the donkeys had no hardstanding.

Inspector Goulding said: “Donkeys require shelter at all times as, unlike horses, their coats are not well adapted to our climate and so they require shelter from the weather, but especially the rain, wind and cold.”

Vet Dr Suzanne Green from Greenway Equine Veterinary Services, was called to assess the donkeys’ conditions and found that Jemimah was extremely lame with laminitis. She had an overgrown foot and was in a lot of pain.

Marshall told the vet the donkey “had been like that for 10 years” and was “fine”.

Snowball’s feet were overgrown and starting to curl upwards. She had thrush and severe white line disease in all four of her feet.

Both donkeys were also found to have extremely sharp teeth and there was no evidence of previous dental work having been done.

The vet recommended the donkeys were removed from the site and West Yorkshire Police took them into possession, passing them into the RSPCA’s care. The donkeys were transported to a Donkey Sanctuary-funded holding base so they could receive specialist care and start their rehabilitation.

In mitigation, the court heard that Marshall should be given credit for his guilty plea and he had now agreed to sign Snowball over to the RSPCA. Jeminah had been signed over at an earlier date.

Magistrates stated this was a serious case and that Jemimah had suffered significantly. The two donkeys had not been provided with water, adequate vet treatment or farrier care and, in short, the donkeys’ needs were not met.

Sentencing: 18-month community order with 150 hours of unpaid work; £440 costs and charges. Five-year disqualification from keeping donkeys (expires February 2026).

Halifax Courier
Telegraph & Argus