CONVICTED (2023) | Jacqueline Forbes and Kial Leng, aka Kial Love, of 16 Struell Avenue Downpatrick BT30 6GP – for the callous mistreatment of a severely underweight Akita who had to be put to sleep
Forbes and Leng, who have four children, were convicted of failing to look after the unnamed male dog, who was said to be “living a miserable, pitiful existence” on a short chain in a faeces-riddled yard.
The pair were prosecuted under Section 4 & 9 of the Welfare of Animals Act (NI) 2011 for causing unnecessary suffering to a dog in their care.
It also included for failing to take reasonable steps to ensure the welfare needs of the animal was being met.
Forbes was also convicted of failing to comply with an improvement notice under Section 10 of the ‘Act’ by failing to seek veterinary advice and treatment for a dog in her care.
The pair had pleaded not guilty to the charges, but Judge Amanda Brady said she had no hesitation in convicting them.
The charges were brought by Newry Mourne and Down District Council under the provisions of the Welfare of Animals Act (Northern Ireland) 2011.
The couple were investigated after the local authority received a report of concern for the welfare of a dog on 24 January 2020.
A council Animal Welfare Officer visited four days later and found the dog chained at the front of the property.
The area was mucky and faeces were visible around the kennel.
The dog had a dull and dirty coat and was in poor body condition with his ribs, hip and spine visible.
Forbes was issued with an Improvement Notice in respect of the dog specifying that veterinary treatment should be sought.
The Council conducted a follow up visit on the 12 February 2020.
The Animal Welfare Officer obtained a search warrant and revisited the property accompanied by a veterinary surgeon.
Following assessment, the vet certified that the dog was to be removed from the property after his body condition was given a rating of just one out of five.
He was subsequently put to sleep after his condition failed to improve.
Addressing self-employed Leng during an earlier hearing Judge Brady told him: “This dog suffered and it is sad and abysmal and you don’t seem to think you have done anything wrong which concerns me greatly.”
Leng told the court that his partner and four young children were undergoing “serious trauma” when the dog became ill, stating the house they were renting had been flooded.
He said the dog had “fallen ill” but claimed he was eating and drinking, but failing to put on weight.
When cross-examined, Leng laughed at the description of the conditions as “horrific”.
He also denied the dog was kept tied up on a short lead, insisting it had become twisted.
Leng further disputed the prosecution assertion that a photograph showed the dog in dirty, wet conditions and with “a lot of dog faeces”.
Leng said he took the dog to a vet who was unable to determine what was causing the crossbreed animal to lose weight so rapidly.
He also told the court he was unable to return with a stool sample on February 6 as required in order to determine if the dog had an infectious disease.
The prosecution said the dog weighed 20kg compared to a normal weight of between 30kg and 50kgs, with Leng claiming the animal was a pup and that the higher weight was for a fully grown dog.
The lawyer said the the dog was in a very very poor state and had been kept in an unsuitable environment.
Sentencing |
Forbes: £150 for each of the three charges and ordered to pay half of the council’s vet bill of £540, in addition to £150 legal costs.
Leng: three months in custody, suspended for two years for each charge under Section 4 & 9 of the Welfare of Animals Act (NI) 2011, to run concurrently. Ordered to pay the council’s costs of £540 and £150 legal costs.
No mention of a ban.
