Animal welfare groups and Wyndham council have criticised the fine given to a puppy farm operator by Werribee magistrates court as “soft”.
Anthony Sammut, 73, of Sunshine West, pleaded guilty on Monday to running an unregistered domestic animal business at his property on Old Melbourne Road, Little River.
He was fined $5000 and agreed to a five-year ban on operating a domestic animal business.
Sammut previously appeared in court, charged with 13 other offences in relation to his Little River operations. These charges were dropped by the council last month after Sammut agreed to a five-year ban and to demolish the infrastructure of his business.
The maximum penalty for running an unregistered puppy farm is $23,000 and a ban of up to 10 years on running a domestic animal business.
The court heard that on October 14 last year, council officers visited the property to find a number of dogs confined in pens.
The council’s lawyer, Basil Stafford, said although the property was not registered as a domestic animal business, it was apparent to the officers that a such a business was under way. Mr Stafford said six dogs were taken from the property by the council. Five have since been re-homed.
The court heard that the property had been inspected by council officers in 2012 and found to be compliant with the then code of practice.
In 2004, Sammut was convicted of similar offences in relation to operating a domestic animal business.
In handing down his judgement, magistrate Timothy Bourke said Sammut’s actions could not be condoned.
“These farms take advantage of families and young children, who pay high fees in respect to these puppies, let alone the damage it may cause from interbreeding of the puppies,” he said. “This is the sort of offence in which we must send a message … it is not to be tolerated.”
Council chief executive Kerry Thompson said the council would have preferred the court had imposed a higher financial penalty, however, the main goal was to have the business shut down.
“We are disappointed … $5000 is not close enough to the maximum penalty that could have been imposed,” she said. “This low financial penalty is indicative of the soft approach that the courts seem to take in matters involving the inappropriate treatment of animals – which is the main reason why council elected to drop some charges to ensure a guilty plea against the most serious charge.”
Oscar’s Law founder Debra Tranter, one of about 50 protestors outside court, said she was “incredibly disappointed”, describing the fine as “only a couple of litters of puppies”.
