VN July 2023

Vetnews | Julie 2023 31 The case study we will use is a case of ear cropping in dogs. This will demonstrate the steps that would be taken for a successful prosecution. It is nowwidely accepted that there is no validmedical reason to perform this procedure except in cases of post-traumatic injury, tumours, or deformities of the pinna/e. It is regarded as maiming as set out in the APA, and people have been successfully prosecuted since it is not medically necessary. Dr Bryce Marock was part of one such successful prosecution in the Jeppe Magistrates court. Inspectors from the NSPCA and Sandton SPCA brought a seized American Pitbull Terrier to him, which recently had his pinnae removed. The owner and two “service providers”were in custody at the time. After surgical and medical treatment, a report was compiled. Dr Quixi Sonntag and Prof Andrew Leisewitz also assisted with reports that were submitted to the court. These focused on the negative outcomes while emphasizing the lack of any plausible medical benefit. Although the dictionary definitions of maiming vary somewhat, they all neatly fit into the provisions of the charge sheet that were announced at the trial. The two“service providers”pled guilty to the charges because of the overwhelming evidence presented. The owner, however, attempted to mount a defence, employing an expensive attorney who never argued against the charge of maiming. The attorney instead argued that his client did not have full knowledge. The attorney also used the typical tactic to challenge the technical aspects of how the evidence was gathered. The owner eventually pled guilty to the charges, ostensibly to avoid a harsher sentence. While the NSPCA and SPCAs have obtained direct prison sentences for offenders contravening the APA, this was not such a case. The “service providers” and owner all received suspended sentences for five years on the condition that they did not commit a similar offence within that period. The former two were denied the right to animal ownership for five years. The APA defines ownership broadly and even defines short-term possession as ownership. All the offenders now have criminal records. If veterinarians have any doubt about the admissibility of a procedure or feel uncomfortable performing a procedure, they must feel free to consult with the NSPCA about the legality of such a procedure. Remember, some of these procedures, such as ear cropping and tail docking, were once taught at the veterinary faculties and routinely performed in practices throughout South Africa. v Legal Mews Seized American Pitbull terrier from the case study waking up after corrective surgery