A woman has lost her appeal after she was convicted of neglecting equines, one of whom had to be put to sleep.
Susan Shears from Goole, East Yorkshire, had denied seven animal welfare offences relating to two donkeys called Dora and Daisy and a mule called Ebony, but was found guilty after a trial at Beverley Magistrates’ Court on 3 August, 2021.
Shears, from Gowdall, was given a 20-week prison sentence, suspended for two years, banned from keeping equines for life and ordered to pay costs of £3,000 when she was sentenced at Hull Magistrates’ Court in October of that year.
The prosecution was brought by the RSPCA after Dora, Daisy and Ebony were discovered living in a hazard-strewn environment full of ragwort at Field Lane, Gowdall, in August 2019. Shears had previously been offered help and advised of the action she needed to take to safeguard the animals’ welfare by the charity’s inspectors and welfare advisers from The Donkey Sanctuary, but this had been ignored.
The 75-year-old has now lost her appeal against conviction following a two-day hearing last week at Hull Crown Court. Recorder Taryn Turner and two magistrates dismissed the appeal in its entirety, and the convictions and sentence imposed on 3 August 2021 remain. Shears was also ordered to pay costs of £2,000, payable within 12 months.
At her trial, the court was told how police forced entry to the field using bolt cutters and gave permission for RSPCA inspector Thomas Hutton, staff from The Donkey Sanctuary and an independent vet to enter the field and examine the equines and their environment.
The shelter they were using was an old disused work container which was too small and had sharp edges and canvas straps still attached inside, which the animals could have become caught on.
There was no hard standing within their living environment, which is important for donkeys to help protect their feet from wet and muddy conditions and to prevent infections. The water supply was dirty with an accumulation of algae, and all three equines had overgrown teeth and hooves that required dental and farrier treatment.
The animals were seized by police and passed into the RSPCA’s care after the vet who examined them said they were either suffering or likely to suffer if they were not removed. They were then transported to a nearby holding base, funded by The Donkey Sanctuary, where they received urgent dental and farrier treatment.
Dora – who was suffering from laminitis – and Daisy responded well to treatment, but due to their age and ongoing care needs they have remained in the care of The Donkey Sanctuary. Sadly, Ebony was put to sleep on veterinary advice due to her ongoing suffering from her dental issues.
Image by The Donkey Sanctuary
“Daisy and Dora were placed into our care pending the outcome of this investigation and the subsequent court proceedings,” said Hannah Bryer, Head of Welfare at The Donkey Sanctuary, after the appeal hearing. “Both donkeys have ongoing care and veterinary needs, and over the past four years we have continually monitored their health and response to treatment.
“Earlier this year Daisy developed a degenerative and painful eye condition. After consultation with vets, it was decided the best course of action was to remove her eye. Daisy has recovered well from this operation, and we will continue to regularly assess their quality of life to ensure decisions are made with their best interests at heart.”
Inspector Hutton said: “I’m pleased this long-running case has now finally concluded. Shears failed in her duty towards these animals and they suffered as a result. Thanks to The Donkey Sanctuary’s care and expertise, they are now enjoying their lives and it’s fantastic to see them looking well.”
