CONVICTED (2024) | John Smedley, 56, born c. 1967, of Priory Walk, Haddington EH41 4AJ – illegally shot and killed deer.
Smedley confessed to killing the roe deer without permission in Morham, East Lothian, and also admitted to having the animal’s carcass in his home at North Berwick on April 23, 2023.
He also pleaded guilty to a third charge of possessing a Texan Air Rifle Lethal Load weapon without lawful authority.
Smedley, who has a previous conviction for the same deer hunting offence, was blasted by a judge after trying to claim that shooting the animals was deemed “acceptable” in the area.
Sheriff Matthew Auchincloss stated: “I live in East Lothian and I can tell you that it’s certainly not acceptable to poach these animals.”
Commenting on the terrifying firearm Smedley owned, the judge added: “I have seen a picture of the rifle you used. It would have looked like a sniper rifle to anybody who didn’t know what it was if they saw you walking around with it.”
Fining Smedley £800, Sheriff Auchinloss continued: “That’s so you know it’s not worth your while hunting for deer – it would be much cheaper to just buy a carcass.”
Defence lawyer Mark Hutchison said his client had grown up watching his grandfather and father hunt for deer without any repercussions.
He explained: “Mr Smedley tells me that in East Lothian, there’s a culture of this kind of thing being acceptable. Obviously it’s not acceptable. I told him he will get the jail for doing it again and he said he’ll never do it again. “He’s never had a custodial sentence before and other than this matter, lives a pro-social life, working seven days a week.”
Addressing Smedley, Sheriff Auchincloss said: “This is not acceptable and is a crime. It may have been more accepted in your grandfather and father’s time.
“But time changes the law. I am satisfied that the custody threshold has been met. However, as this is a summary matter, I can only send you to prison if there are no other alternatives.”
A motion by Procurator Fiscal to have the rifle and ammunition forfeited was granted.
A source close to Smedley, who works as a scaffolder, claims he hunted the animals “for fun” and would allegedly give away the meat or feed it to his dog.
They added: “He’s done this before and I’d be very surprised if he doesn’t do it again. This sentence absolutely does not send the right message of deterring others.
“Everyone in Haddington honestly expected him to get the jail for his cruel actions. Where’s the justice for these animals?”
All four deer species found in Scotland – red, roe, fallow and sika – are protected under the Deer (Scotland) Act 1996. Permission to shoot them must be granted by the authorities.
CONVICTED (2023) | Scott Fleming, born c. 1996, of Redburn Road, Prestonpans EH32 9NA – downloaded depraved bestiality videos.
Cybercrime officers found a horror collection of videos on Scott Fleming’s phone showing a horse, a pig and a dog being raped by adult men and women
Fleming was found to have downloaded the films to his mobile phone when police officers raided his home in Prestonpans on May 10, 2021.
Prosecutor Debbie King told the court that police arrived at the home Fleming shared with older brother Gordon Fleming with a search warrant.
Ms King said that officers from the National Child Abuse Unit searched the property and seized electrical equipment including a phone, a laptop and an external hard drive.
Four MP4 videos were discovered on the mobile device showing “sexual acts between an adult female and a horse, a pig and an adult male and a dog”.
Ms King added that one film also featured “an adult female and an adult male inserting a live moving drill into another man’s penis”.
Fleming pleaded guilty to possessing extreme pornographic material depicting bestiality but walked free from court with a community order. He also escaped being placed on the sex offenders register.
His brother Gordon Fleming, born c. 1994, also appeared in the dock accused of possessing child sex abuse images but he had his plea of not guilty accepted by the Crown.
Sentencing | nine month supervision order; 162 hours of unpaid work in the community.
CONVICTED (2023) | Raki Islam, born 7 November 1978, of 195 High Street, Prestonpans EH32 9AY – for the mistreatment of multiple dogs kept at the home she shared with co-accused (but acquitted) Kevin John Martin born 16 November 1971.
Raki Islam and husband Kevin Martin had faced charges in relation to seven dogs suffering from a number of health conditions including demodectic mange, deep bacterial pyoderma, malassezia, pachy dermatitis, giardiasis, verminosis, a parasite burden, and severe bilateral conjunctivitis.
The pair were already well-known to the Scottish SPCA. Inspector Fiona Thorburn said the charity had “received multiple reports to our animal helpline dating back many years, with concerns about living conditions and animal cruelty and neglect at both the locus in Prestonpans and other properties in East and West Lothian.
Regarding the investigation and prosecution, Inspector Thorburn said: “In June 2021 a report was made to our helpline and videos sent to us of 13 dogs being kept in the rear garden of the property on High Street [Prestonpans] which was covered in faeces and had no adequate shelter.
“The videos were extremely concerning with seven of the dogs appearing to be underweight and virtually bald with very thickened skin.
“With sufficient evidence a warrant was granted by the procurator fiscal, the property was attended along with Police Scotland and the local authority.
“Entry to the property was forced and the 13 dogs were found in the garden which was heavily soiled with diarrhoea, faeces and urine. There was not enough shelter provided for the number of dogs and the smell was overwhelming.
“Several of the dogs were bald and suffering from very severe skin conditions. Their eyes and ears were also painful and infected with copious discharge, and some were underweight.
“All 13 of the dogs were removed and taken for immediate veterinary examination and treatment.
“Seven puppies were found to have a heavy mange burden, which is usually only evident in animals with compromised immune systems. They had chronic secondary infections because of this which affected their skin, ears, eyes, feet and genitals, causing pain and irritation.
“The puppies also had giardia, meaning they were both infected by, and actively shedding, the parasite causing severe diarrhoea. If left untreated this disease can be deadly.”
Islam and Martin were charged with failing to provide adequate care and allowing dogs to suffer. They were also said to have failed to provide adequate shelter and bedding and exposed the animals to faeces and urine between July 1, 2019, and June 14, 2021.
Martin faced additional allegations of behaving in a threatening or abusive manner at his home on February 23, 2021.
Martin, who is no stranger to the courts with previous convictions for offences such as assault and failure to adhere to a dog control notice pleaded not guilty to all charges against him and these were accepted by the crown.
Islam pleaded guilty to a single charge but, quite unbelievably, dodged punishment altogether.
Instead she was admonished by the court and will still be allowed to keep animals.
SSPCA inspector Thorburn expressed her disappointment over the latest shocking injustice by the Scottish courts.
She said: “We feel saddened that despite the time and effort we have taken putting together a case where Islam has been charged, she has only been admonished. We believe this decision will likely result in more dogs suffering unnecessarily in the future.
“The dogs removed from Islam’s property took several months to fully recover in the care of the Scottish SPCA and thankfully have now found loving homes where their welfare needs will be met.”
In February 2015 the Daily Record published an article on Kevin Martin’s dispute with neighbours over a herd of 24 pigs kept in inadequate conditions at his Magic Farm business in Willow Rise, Haddington, which he ran with brother-in-law Shafiqul Islam.
The pigs were seized in February 2014 under animal welfare laws.
Martin appealed against the seizure but his case was thrown out at the Court of Session in Edinburgh.
Martin complained to the Record that he had been discriminated against by “the poshest people in Scotland” who “bombarded the council with ridiculous complaints about me”.
The Record also reported that Martin, who “has a conviction for violence and had criminal associates”, was targeted by gangland enforcer Frank Doris in 2008 when a £30,000 contract was put on his head. Doris was hired by a property developer named Martin Black, who claimed he was living in fear of Martin after a soured business deal.
Martin said he moved to East Lothian to put his past behind him.
He said he kept the pigs for a planned social inclusion project he wanted to set up to help inner city kids learn countryside skills.
Martin, who describes himself as an “ethical entrepreneur”, claimed police raided the Magic Far business after receiving a tip-off he was running a cannabis farm.
He has a colourful business history, including interests in diamond mines in Sierra Leone and importing coconuts from Bangladesh and admitted tax evasion during a trial.
In March 2020 Kevin Martin was given a three-year ban on owning dogs after allowing a large-breed dog to roam and attack two of his neighbours’ pets.
The dog – a Turkish Kangal – savaged a retriever and a terrier in the grounds of the Whittingehame Estate, east of Haddington, East Lothian.
The Kangal – originally bred to protect livestock from wolves, bears and jackals – attacked both dogs by pinning them to the ground and biting them to the neck while out on walks with their owners.
Martin had been served with a dog control notice following a series of complaints from several worried residents of the exclusive £1.5million apartments in 2018.
But he continued to allow the guard dog, named Mia, out on her own to patrol the grounds before the out-of-control animal then went on to carry out the attacks on his neighbours’ pets.
Martin, who runs a social enterprise for disadvantaged children called the Earthy School Project, denied being the owner of the dog and breaching the control notice, and stood trial at Edinburgh Sheriff Court on several dates in 2019.
The court was told that Martin had been served with the dog notice on September 5, 2018 after numerous complaints from Whittingehame residents about the Kangal being allowed out on her own.
Martin claimed he had bought the 30kg guard dog as “a livestock guardian” as foxes had attacked his geese and hens, but denied being the actual owner of the animal.
Martin was also facing a separate allegation of assaulting sheriff officer Alex Horne, who had attended at his property in July 2018.
Mr Horne told the court that he was climbing a gate when Martin nudged it with his vehicle during a visit to the estate to serve him a notice. He also said Martin had attempted to punch him during the confrontation.
Following the evidence, Martin was found guilty of failing to adhere to a dog control notice and allowed his animal to attack other dogs, causing injury, at Whittingehame Estate on four occasions on September 14 and 29, October 3 and 28, 2018.
Martin was also found guilty of assaulting sheriff officer Alexander Horne by driving a vehicle at and colliding with a fence Mr Horne was surmounting and attempting to punch him on July 16, 2018.
The sheriff fined Martin £200 and ordered him to carry out 200 hours of unpaid work in the community.
CONVICTED (2022) | David Watters, born c. 1988, of High Street, Musselburgh EH21 6DE – let his family dog suffer from a painful eye condition which eventually left the animal blind.
Father-of-four David Watters paid £2,000 for the French bulldog named Tyson and watched as the dog’s health rapidly declined.
Tyson was put to sleep after being severely neglected by callous David Watters
The six-year-old dog was taken into care by SSCPA inspectors and was found to be in “severe discomfort and pain” with scarred eyes and a number of teeth missing.
Very sadly, he was put down following an attempt at surgery after it was decided to be the “most humane” option.
Watters initially visited a vet with Tyson, but claimed the birth of three children left him too skint to pay for treatment for three years.
In court, Watters admitted failing to provide adequate care and treatment for the dog, and not seeking veterinary help for his eye, ear and dental conditions.
Fiscal Depute Ruaridh Allison said concerns over Tyson’s welfare had been raised with SSPCA inspectors.
Mr Allison said he was taken to a vet who identified a condition which caused the dog “inadequate tear production”, leading to his eyes being “dry, scarred and inflamed”.
He added: “The dog was blind as a result. The vet stated that this condition appeared to have lasted no less than four months.”
Tyson had “several” teeth missing, the court heard, and there was “scarring and narrowing of the ear canal which indicated an infection”.
SSPCA inspectors spoke with Watters and it was confirmed Tyson had not been to see a vet in three years.
Mr Allison said: “Surgery was attempted but the decision was taken to euthanise the dog because of his condition. It was considered to be the most humane option.”
Watters admitted causing the unnecessary suffering to Tyson between May 14 and September 14, 2021.
Defence agent Cameron Tait said his client bought Tyson in 2015 and took him to a vet on a number of occasions for costly treatment for skin problems.
Mr Tait said Watters and his wife had added three more children to the family by 2021 and he was the “sole breadwinner”, earning £400 a week as a landscaper and labourer”.
Under the financial circumstances, the solicitor said Tyson’s “welfare was no longer the biggest priority”.
Mr Tait said: “He was aware the dog’s sight was affected. He appears to have stuck his head in the sand. He should’ve accepted that he could no longer look after the dog and surrendered him to the SSPCA or another charity. It’s a matter of regret.”
Sheriff John Cook told Watters: “This is a sad case where a family pet became too expensive to look after.”
Sheriff Cook said Watters should’ve dealt with this “rather than causing unfortunate suffering to an animal.”
Sentencing | fined £360. Banned from owning an animal for just three years (expires October 2025).
Update 14 November 2022: Scottish SPCA welcomes animal ban for Musselburgh man David Watters
June Chalcroft, Scottish SPCA inspector, said: “On September 14, 2021, I attended Edinburgh Dog and Cat Home in response to concern for a stray dog that had been handed into their centre that morning by a member of the public.
“I was shown Tyson, a grey and white male French bulldog.
“Scabs had formed on both of Tyson’s eyes and there was a white glaze over them.
“He appeared to be blind. His left ear was thickened and it was clear that he was in need of immediate veterinary attention.
“Watters contacted the Edinburgh Dog and Cat Home stating that he was the owner.
“I then contacted Watters, who agreed to Tyson being taken to the vets.
“The veterinary examination confirmed that Tyson was suffering from dry eye, a painful condition where a lack of tear production had led to both eyes becoming dry, inflamed and chronically scarred.
“Tyson had sadly lost his sight due to his condition being left untreated for so long.
“The cauliflower-like thickening of his left ear was likely due to an untreated haematoma that had slowly reabsorbed alongside chronic ear disease, both of which are painful conditions causing unnecessary suffering.
“Tyson also had dental disease, several missing teeth, significant calculus deposits and halitosis.
“Due to the severity of his condition, sadly Tyson had to be put to sleep on welfare grounds.
“We are pleased Watters has been given this ban and we hope that he will seriously consider his ability to care for any animals in the future.
“Dry eye is a condition that’s normally manageable with appropriate medications prescribed by a veterinary surgeon.
“Any responsible person would have have noticed the changes in Tyson’s eyes and sought appropriate veterinary attention.”
CONVICTED (2021) | David Aird, born 8 December 1991, from Tranent (address tbc) – battered a tiny dog causing a fatal brain injury
Archie (pictured) died after being battered by his evil owner, David Aird – a care home worker.
Care home worker David Aird admitted striking chihuahua/Jack Russell cross Archie with his hand which led to the canine suffering a fatal haemorrhage.
Aird pleaded guilty to causing a protected animal unnecessary suffering.
The court heard Aird struck the dog with his hand causing a “severe and extensive haemorrhage in the cranial vault” resulting in significant brain compression.
The incident happened at his home in Tranent, East Lothian, on February 3. 2021.
.Fiscal depute Deborah King said a postmortem was later conducted.
Ms King said it found Archie had suffered “brunt force trauma to the top of the skull” from what appeared to be a single blow.
The postmortem said such an injury can be “rapidly fatal”.
Ms King said the examination concluded the injury could’ve been caused by an object such as a stick or hammer, or potentially a punch or kick, as could falling from a height onto a hard surface.
The prosecutor said the “force to fracture the skull might have rendered the dog unconscious” and that might’ve been immediate, but this wasn’t certain.
She said Archie could’ve been in pain until unconsciousness developed.
The court was told Aird was charged after the postmortem findings were returned.
Aird, who represented himself in court, said he was a care home worker.
Asked by Sheriff Peter McCormack if he had anything to say about the possibility of being banned from keeping a pet, Aird replied: “No.”
Sentencing: fined £420. Banned from owning or keeping a pet for 20 years.
It was reported that the Scottish Social Services Council (SSSC) had issued Aird with a six-month suspension order following his conviction for animal cruelty.
The SSSC said: “Social service workers must not behave, while in or outside work, in a way which would bring their suitability to work in social services into question.
“You struck your pet dog on the head with your hand, resulting in your dog’s death.
“You have failed to uphold the law and your behaviour demonstrates a loss of self-control and disregard for the safety of the animal in your care.
“Committing such a crime of violence raises concerns over your values as it is attitudinal in nature, which can make such behaviour harder to remediate.
“Behaviour of this manner is contrary to the values expected of registered social service workers.
“Your behaviour is likely to have negatively impact the public’s trust and confidence in the profession.
“The public has the right to expect that social care workers, in whom it places its trust and confidence, will uphold the law and will not engage in offending behaviour.
“Your behaviour was fundamentally incompatible with the conduct expected of a social care worker.”
On making their decision, they said: “We decided the appropriate sanction is to place a suspension order on your registration for a period of six months.
“This was an isolated incident for which you have expressed significant regret and remorse.
“No findings have previously been made against you by the SSSC.
“No findings of previous violent or offending behaviour or subsequent violent or offending behaviour.
“There is no evidence you have acted violently towards any person you have encountered in your social services employment.
“You have shown insight and reflected on your behaviour.”
CONVICTED (2019) | Nicola Barnes aka Serapheena Moon or Claire Kelly, born c. 1975 of Dalrymple Loan, Musselburgh EH21 – failed to treat her flea-ridden pets’ severe skin complaints
Spritualist Nicola Barnes from Musselburgh failed to take her poorly pets Ash (top) and Arael to the vets
Mother-of-three Nicola Barnes, who works as a spiritualist under the name Serapheena Moon, admitted neglecting 18-year-old cat Ash and eight-year-old Staffy dog Arael by failing to get treatment for their conditions.
Sadly Ash was in such a distressed state she had to be put down while Areal was seized from Barnes by the Scottish SPCA.
Neighbours spotted the animals’ condition at Barnes’s former home in Whitecraig Crescent, Musselburgh, and called in Scottish SPCA officers.
SSPCA inspector Stephanie McCrossan said: “I arrived at the property and noted Ash looked extremely malnourished and was trying to eat from an empty crisp packet.
“I offered her some cat meat which she devoured.
“I could see she had four large green infected-looking sores along her side.
Staffy Arael was suffering from extensive hair loss and had open sores on her body
“When I assessed Arael, the Staffie, it was clear she had an obvious skin condition and smelled very strongly of yeast. There were open sores on her body and extensive hair loss.
“Both animals were in need of immediate veterinary attention.
“Upon veterinary examination, Ash was given a body score of 2/9 and weighed 3.2kg – a cat of her type should weigh between 4-4.5kg. She had bacterial conjunctivitis of both eyes, as well as a large alopecic area on her chest and flank with scabbing and ulceration. After further examination, she was found to have a heart murmur and was severely anaemic.
“Arael was given a body score of 3/9 and weighed only 13.6kg. There was alopecia and healing scabs on her ears and was evidence of self-trauma and ulceration to the point of bleeding and infected areas with pus were also found.
“Both animals had a severe flea infestation which could clearly be seen in their coat.
“Sadly, Ash’s red blood cell count deteriorated drastically and the veterinary staff made the tough decision to put her to sleep on welfare grounds.
“The suffering Ash and Arael faced was unnecessary and could have been easily avoided with proper diet and vet attention.
“This level of neglect didn’t happen overnight.”
Barnes pleaded guilty to causing two animals unnecessary suffering in May and June 2017.
Her partner and co-accused Allen Smogar, 33, had his not guilty pleas accepted by the Crown.
Barnes’ lawyer Liam Kildare said his client had both pets as a pup and a kitten and the “seasonal” skin conditions would flare up and go away again.
Mr Kildare said that his client had attended a local vets “a number of years ago” but had decided to treat the skin complaints herself using Aloe Vera cream and coconut oil.
The brief added: “She accepts not seeking secondary advice. And she attributes some of the cat’s skin conditions to old age and she used various skin products [on the cat].”
“This is not a case where Miss Barnes did nothing. She did love these animals very much.
Sentencing | fined £360 and banned from owning any animal for two years (expired).
CONVICTED (2018) | Robert Lunn, born 08/03/1993, formerly of Ormiston Crescent West, Tranent EH33 and more recently New Poltonhall, Bonnyrigg, Midlothian EH19 3HP – left a wounded dog to starve in a cage soaked in his own urine.
Eight-year-old American bulldog Capone was found by Scottish SPCA investigators lying in a cage with large wounds on his legs, struggling to stand up. He was so badly neglected and starved he had apparently started to eat his own back legs.
Capone’s owner, Robert Lunn, pleaded guilty to causing unnecessary suffering under section 19 of the Animal Health & Welfare (Scotland) Act 2006.
Commenting on the investigation and court case, Inspector Stephanie McCrossan said, “Capone was found in an emaciated state lying in a cage soaked in his own urine. He had large wounds on his hind legs and was struggling to stand up.
“After being examined by a vet it was found that he had no overlying fat and was extremely dehydrated. Lunn had a duty of care and caused Capone to suffer by failing to provide an adequate diet and seek veterinary treatment.
“Thankfully Capone is on his way to a full recovery and, when he is ready, we will find him a loving forever home.”
Sentencing: £360 fine and a deprivation order. Banned from keeping dogs for five years (expires October 2023).
CONVICTED (2018) | Matthew Thyne Hammond, born 22/10/1985, most recently of Thorniewhats Farm, Canonbie DG14 0SQ – punched and kicked a Jack Russell terrier to death because she didn’t want to walk with him
Hammond, who is originally from High Street, North Berwick, East Lothian, and at the time of his court hearing was said to be living in Scotland Street, Carlisle, drunkenly attacked the unnamed two-year-old dog. Concerned neighbours called police after hearing the Jack Russell’s distressed yelping and squeals.
Hammond was seen attacking the tiny dog and dragging her along the street for a hundred yards.
Dog killer Matt Hammond.
The brutal incident happened at 5.30am as Hammond, who had been staying with friends overnight after being out drinking, had been walking to his home in a caravan with his Jack Russell and a bull terrier belonging to his partner.
Police traced him to the caravan where the dead pet was lying in a blanket on the floor and they arranged a post mortem.
Hammond’s solicitor said the incident had had a “catastrophic” effect on her client’s working life.
He has left his job as a stable assistant with James Ewart Racing in Langholm. A jockey with links to Micky Hammond Racing, he has given up ownership of a horse and has no contact with animals of any kind.
Sentence: community payback order. Banned from keeping any animals for just three years (expired).
CONVICTED (2017) | James Warner, born c. 1954, of Kirklandhill, Tyninghame, Dunbar EH42 1HX – tied his poorly dog in a pillowcase and left her behind a cement works
Cruel James Warner tied Lily in a pillow case and dumped her at a cement works. She was discovered barely alive and had to be put to sleep.
James Warner admitted abandoning terrier-type dog Lily, who sadly had to be put to sleep. He was prosecuted following a Scottish SPCA investigation.
After accepting a plea bargain Warner was given a £600 fine, but not banned from keeping animals.
Commenting on the investigation and court case, Scottish SPCA inspector Stephanie McCrossan said: “Whilst we respect that Warner has been dealt with by the courts, the outcome is particularly disappointing.
“Warner admitted at interview that he believed the dog, Lily, was dead, but was not entirely sure when he deliberately dumped her inside a pillowcase not far from his place of work.
“As can clearly be seen from the photographs Lily was in desperate need of treatment and was suffering from a number of chronic skin conditions which I believe would have been causing her considerable pain and discomfort.
“When I realised that Lily would have been trapped, alive inside that pillowcase for a number of days I felt sick.
“I lost sleep over this case and to find that he accepted a plea bargain and only received a £600 fine without a ban has been a heavy blow.
“This case really highlights our push for tougher and more consistent sentencing.
“There is no excuse for animal cruelty and more animals like Lily are suffering needlessly.”
Sentencing: £600 fine. No ban on keeping animals was imposed by the court.
CONVICTED (2017) | Frith Mitchell, born c. 1973 , of New Street, Musselburgh – failed to feed his pet cat properly or take him to a vet for urgent treatment.
Mitchell pleaded guilty to causing his cat, named Tiga, unnecessary suffering through failing to provide a suitable diet and failing to seek veterinary treatment.
His court appearance followed an investigation by the Scottish SPCA.
Commenting on the investigation and court case, Scottish SPCA Inspector Stephanie McCrossan said: “Tiga was in a very poor skeletal condition.
“He was dragging his leg, which was protruding at an awkward angle, across the floor as he walked and it was clear he was in urgent need of veterinary treatment.
“After taking Tiga to the vet, we found out that he had several health issues which would have caused him to suffer unnecessarily for a prolonged period of time due to his owner failing to seek the necessary veterinary treatment he clearly required.
“Unfortunately the vet made the decision to put him to sleep due to the severity of his conditions.
“We are pleased that Mitchell has been dealt with by the courts and hope he will give serious consideration to his ability to care for animals in the future.”
Sentencing: 85 hours of unpaid work. 10-year ban on keeping animals (expires June 2027).
