Animal ban appeal denied

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A Gosberton Clough man has been left to pay £400 after losing his appeal against a five year ban from keeping animals.

Nicholas Hayes (24), of Fifth Drove was ordered to pay the prosecution costs bill following his unsuccessful appeal to Lincoln Crown Court.

Hayes was convicted of causing unnecessary suffering to two ponies at a hearing before Spalding Magistrates in November.

He was given a 12-month community order with nine months supervision. Magistrates also disqualified him for five years from owning, keeping or participating in the keeping of animals.

He appealed against the ban on “participating in the keeping or animals” asking that he be allowed to assist his 66-year-old mother in the running of her kennel breeding business which she runs from the family home business.

Christopher Knowles, for Hayes, describing the original offences, said: “It was merely not feeding the animals. It was an oversight by the defendant due to factors surrounding him.

“It was clearly the wake-up call the defendant required. It was a mistake. He clearly went into himself at that time.

“This is a man whose life clearly revolves around animals. This is a man brought up on a small-holding surrounded by animals.”

He said Hayes suffers from mental health problems, including attention deficit hyperactivity disorder, and working with animals was therapeutic for him.

Beris Brickles, for the RSPCA, said Trading Standards visited the Hayes on February 8 after a tip-off that there were dead horses on the smallholding.

They found a dead pony and two others in an emaciated condition. One of the live ponies was little more than half its expected weight and appeared to have been neglected for at least ten weeks. The other live pony was also seriously underweight.

Judge Michael Heath, sitting with two magistrates, rejected the appeal saying: “We feel it is not manifestly excessive to impose a disqualification.”