Wyndham council has labelled animal cruelty laws as “limited” and “not good enough”, saying it had no choice but to drop 13 of the 14 charges against the alleged operator of a Little River puppy farm.
As reported by Star Weekly last week, the council’s lawyer, Basil Stafford, said that 13 charges would be dropped against Sunshine West’s Anthony Sammut, 73, if he pleaded guilty to the lead charge of conducting a domestic animal business on unregistered premises.
Sammut is accused of running a puppy farm at a property on Old Melbourne Road.
A special mention hearing at Werribee Magistrates Court on April 20 heard that Sammut was likely to plead guilty to the charge when the case returned to court on May 18.
The maximum penalty for conducting a domestic animal business on premises that are not registered is $24,108 and a maximum 10-year ban on running a domestic animal business
The council’s decision has angered animal activists, who want to see harsher penalties imposed.
But council chief executive Kerry Thompson has defended the decision.
In a statement, Ms Thompson said that the council had used the limited powers available to it under present legislation to achieve the best possible outcome.
She said that like many members of the community, the council would like to see maximum penalties imposed but that was not what current law provided.
“We share the community’s frustration with the need for us to broker a deal in relation to this matter,” she said.
“However, the legal avenues available to us are, quite frankly, not good enough.
“I am satisfied that we have acted in the best interests of the community. Our ultimate goal is for this individual to not be able to operate … again and to be penalised financially for the pain and suffering inflicted on defenceless animals.
“Quite simply, we are not willing to risk an unsatisfactory finding with the most serious charge.
“Achieving a guilty plea for this charge would be a great outcome as it means Mr Sammut will be banned from operating… into the future.
“Mr Sammut will also be subject [to] ongoing inspections by authorised officers to ensure that these abhorrent activities are not re-established.”