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Owners of fat pets could be classed as criminals
Last updated at 23:22pm on 12.01.07
Obese: Rusty the labrador was so fat he could hardly walk
Cruel: David, left, and Derek Benton outside court
Thousands of pet owners who overfeed their animals face having criminal records after a landmark court case yesterday.
Brothers David and Derek Benton were convicted of cruelty after allowing their dog's weight to reach 11-and-a-half stone, leaving the chocolate Labrador barely able to walk.
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They were each given a three-year conditional discharge and ordered to pay £250 costs after a vet described ten-year-old Rusty as 'resembling a walrus'.
Up to 40 per cent of the country's 6.8 million dogs and 7.5 million cats are now classed as overweight, and the lawyer who represented the two brothers said yesterday she had been inundated with calls from pet owners worried they will be next in the dock.
Barrister Ann-Marie Gregory said the case was of huge significance to animal lovers.
'There are people worried to death who have been in contact with us because their cat is a couple of pounds overweight or their rabbit is a couple of pounds overweight,' she said. 'People are literally worried sick because their pet is overweight.'
Mrs Gregory described crane driver David Benton, 53, and saddler Derek, 62, as 'your average pet owners... simple common or garden dog owners', who had ended up in court because 'they loved this dog, maybe they loved him too much'.
She added: 'Are we going to go down that route with fat children? Are we going to see parents prosecuted for having fat children? 'Weight alone is never an indication of happiness. There are fat people who are happy, and the same is true with animals.'
The RSPCA, which brought the prosecution after they were alerted to Rusty's condition by a member of the public, said only a small proportion of the five to six million cats and dogs classed as overweight come close to Rusty's level of obesity - but that still leaves thousands of pet owners who could end up in court because of the size of their animals.
The Bentons are thought to be the first dog owners to be given criminal records for allowing their animal to become too fat, and dog owners' organisations backed the RSPCA's decision to prosecute.
Kennel Club spokesman Rebecca Smart said: 'Owners who allow their dogs to get grossly overweight are as bad as those who let them become underweight. Dog owners need to be responsible, and if their pet cannot move it is a form of cruelty.'
Eleanor Silk, of the Dogs Trust, said: 'A lot of people have no idea they are doing that much harm. It is effectively killing the dogs with kindness, and it might get to the stage where that prosecution is needed.'
Magistrates in Ely, Cambridgeshire, ruled that Rusty, who has lost three-and-a-half stone since being removed last March from the Bentons' home in Fordham, Cambs., could now go back to his owners provided he does not put the weight back on.
The brothers claimed in court they only fed Rusty two bowls of dried food per day and a bone to chew at weekends, but the dog weighed more than twice the average for the breed and could only walk five or six paces before having to sit down.
RSPCA inspector Jason Finch said that when he first saw Rusty, 'My immediate reaction was that the dog was grossly overweight to a point where it didn't actually appear like a dog - it looked like a seal.'
Derek Benton was served with a notice ordering him to take the dog to a vet, but five weeks later nothing had been done and the dog was taken away from the brothers.
Rusty was suffering from an ear infection, arthritis, breathing problems and a long-standing hip problem, but the brothers had not taken him to a vet since October 2004, when his insurance ran out.
Chairman of the bench Bryant Watson ruled that 'Rusty was suffering and he was overweight due to an inappropriate diet' and found the brothers guilty of causing unnecessary suffering.
They were cleared of a second charge of failing to provide appropriate veterinary treatment for a chronic ear infection.
David Benton had claimed in court that Rusty had had a weight problem since being a puppy, and that he could not lose weight because he could not exercise, but the RSPCA said his recent weight loss had proved this to be nonsense.
After the case David Benton said: 'I'm happy because we're getting our boy back. I'm absolutely delighted. We'll be going to another vet and we'll make sure he gets what he needs.'
But RSPCA vet Alex Wylie, who had examined Rusty before he was taken away from the brothers, said: 'The one thing we didn't want was for Rusty to be allowed back to the Bentons. We are devastated.'
RSPCA inspector Jason Finch added: 'We'll be trying to work with the Bentons to monitor Rusty and hopefully they will adhere to the conditions set out regarding his care.'
Reader views (6)
It is so unfair that that poor dog was taken away from his loving owners,and given a criminal recoord for a problem that is difficult to correct.There are overweight people who are overweight due to naturrally slow metabolisms or gland problems and even on low calorie or normal diets find they can not loose weigh or find it easy to gain weight.I should imagine the same applies to dogs.All right perhaps they should have made an effort to put him on a strict diet but it must be very diificult to do that and you would feel so mean and cruel letting them go hungry for sake of weight loss.,As you can not explian to a dog like you can to a person why you are cutting down on their food,I will not be donating a pennny to Rspca in future.It is disgraceful.
- Laura, Norfolk UK
The problem is not being overweight, I mean there are lots of overweight people who are happy and modestly healthy.
The problem is animals that are so overweight that it hurts them to move/ limits their mobility.
- Concerned, Perth WA
Who cares what Candy Ridler, Chorleywood, Herts thinks- she obviously cannot see the big picture here. Its about what's best for the animals not humans and it is as clear as crystal that if a person fails to take the best care possible of an animal, fails to follow directions then they will pay the price in court. It is not about a pond or two here and there, its about taking every step to ensure the best welfare of the animal.
Understand now?
- Harry, Australia
And convicted rightly so. Obesity in domestic animals is far too often over looked and people are clearly unaware of the seriousness of the problem. It disturbs me that pet owners actually appear to find it amusing that their pet is overweight.
Our animals are unable to control their food input and energy output, that is down to the owner. A fat dog or cat is at the very least cruel and owners who are not prepared to do anything about the problem shouldn't have animals under their care at all.
- Victoria Ash Vn, Worcestershire
I will never give money to the RSPCA again if they are going to waste our donations prosecuting people for overweight dogs. We have one fat corgi who only eats half a tin a day but looks very overweight despite plenty of exercise. Our other corgi is so thin but never stops eating. They are both 15 yrs old.
- Candy Ridler, Chorleywood, Herts
This is England at it's finest. So you can be fined for allowing your dog to be overweight....what about parents who allow their children to be overweight - what are we doing to them - nothing? This is sheer madness - the cost of taking this to trial would have been better spent trying to prevent the ever increasing obesity epidemic sweep through our children
Our country is losing the plot.
- Emma, USA
