The RSPCA has called on all MLAs to speed up animal welfare reform in the ACT after a magistrate found in favour of a business accused of animal cruelty and returned two birds to it, after the animals had been in the care of the RSPCA for more than 500 days.
Two canaries, a rainbow lorikeet, a turkey and two chickens were seized from a local business attraction in April 2018, by RSPCA inspectors. All but one of the canaries and the rainbow lorikeet had to be euthanised by the RSPCA vet because their condition was so poor.
RSPCA ACT chief executive officer Michelle Robertson said the "distressing" court case - which took more than a year to be resolved - showed the weakness of current laws, saying the accused person had been let off "on a technicality". She also called on the courts to enforce sentences more in line "with community expectation" in animal cruelty cases.
The RSPCA ACT was now liable to pay the defendant's costs, running into the many thousands of dollars, but the ACT government had agreed to pay the amount, she said.
Ms Robertson said the RSPCA was "incredibly disappointed" with the outcome of the case.
The magistrate found in favour of the defendant, even though deciding they had not been truthful and "was at least reckless as to the need for treatment for illness, disease or injury at the time of the alleged offence".
"They were kept in very, very poor living conditions and they were clearly ill," Ms Robertson said.
Ms Robertson said there was presently no legislation or licensing agreements for businesses that owned animals and where animals were an integral part of their business.
She has written to all Labor, Green and Liberal MLAs calling on them to pass government-proposed animal law reforms, due to be debated next week, which, among other things increase the penalties for aggravated cruelty, including lifting the possible jail term from two to three years.
There was also a proposed change that made it an offence for a person in charge of an animal to "fail to give the animal care that is appropriate for the animal's wellbeing".
"In this instance, even though the defendant was confirmed the owner of the animals, responsibility of their care had been delegated to his employees therefore the magistrate ruled the defendant had no knowledge of the animals in their appalling condition," she said.
The remaining canary and rainbow lorikeet were in the care of the RSPCA from April 2018. But due to the court's ruling, it had to surrender them back to the defendant earlier this month.
"This has been very hard for the staff and volunteers who have nurtured them back to good health and were waiting for a positive court outcome," Ms Robertson said in a letter to City Services Minister Chris Steel.
"Unfortunately, these defenceless animals had no voice and received no justice."
Ms Robertson said she had no wish to demonise the defendant or throw everyone accused of animal cruelty into jail.
Legal action was a last resort for the RSPCA, after "early intervention and education".
But in extreme cases, she said tougher laws - and sentences - were needed.
Mrs Robertson said all animals deserved protection, including "the feathered kind", citing a study that found chickens did feel emotion.
She also said this particular court case, stretching over more than 12 months, had taken a long time to resolve.
"It depends on a lot of things. I don't think any court proceeding is quick. It takes time. Some are longer than others. This was a particularly long time," she said.
Minister Steel said he believed the proposed laws would make a difference.
"The government bill before the Assembly strengthens protections for animals reflecting the values of the community in how we should care for animals," Mr Steel said.
"The bill also creates new offences in cases where a person in charge of an animal fails to give it appropriate care. This includes appropriate treatment for illness, disease or injury."
