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 Kirby speaks out against animal cruelty, intensive farming 

Kirby speaks out against animal cruelty, intensive farming

11 May, 2009 06:26 AM
FORMER High Court judge Michael Kirby has called for tougher sentencing for cruelty to animals and greater public awareness of intensive farming practices.

Mr Kirby said Australians needed to be made aware of the conditions animals were kept in and to understand that animal welfare legislation did not offer any protection to agricultural stock.

"I don't believe the people of Australia know the facts that are revealed in this book, and they should know them," Mr Kirby said at the launch of a book on animal law this week.

"If only the people knew the pain the animals go through, the cruelty that is inflicted on sentient animals, they would take action."

Mr Kirby said many would be shocked to learn that intensively farmed chickens are kept in a space equivalent to the size of a piece of A4 paper and that most sows spend their lives in metal stalls that are so small they can't take a step forward or backwards.

He said the book, Animal Law in Australasia, highlighted the need for tougher sentencing for animal cruelty, and that the examples used were astonishing.

The maximum penalty for animal cruelty in Victoria is 12 months in jail or a $13,600 fine.

In aggravated cruelty incidents, leading to the death or serious disablement of an animal, the penalties are doubled to $27,200 or 24 months in jail.

But the acting inspectorate services manager for RSPCA Victoria, Allie Jalbert, said those penalties were not being reflected in sentencing.

"In the five years I've been here, I haven't seen the maximum penalties applied to any case, even the most serious cases of beating and killing animals," she said.

"Even when we do end up with a good penalty, in most cases it is appealed and they often end up with a lesser sentence.

"Going through the court process can also be very expensive for the agencies that are prosecuting it, which are charities."

Mr Kirby's comments came as debate raged over the future of jumps racing in Australia, after the death of five horses in Victoria this racing season, including three last week.

Animal rights advocates condemn the sport as cruel.

Mr Kirby said that while some believed cruelty to animals should not be compared to the suffering of human beings, the parallels between animal rights and important social justice movements of the past could not be denied.

"We should all be upset, because it was when we got upset about slaves that something happened about slaves. It was when we got upset about Aboriginal rights that something happened about Aboriginal rights. Being upset is the beginning of the journey to solutions, " he said.

"Advocates of change should address the fact that our species seems to have developed in part because of our dependence on meat. We need to address what we need to change and the challenge is to work out where to go from here."

Mr Kirby said agricultural stock had been excluded from animal welfare legislation because of a choice made under the law to treat them differently.

The launch of the book, edited by Peter Sankoff and Steven White, was part of the Voiceless Animal Law lecture series, which will be held at the University of Melbourne on Thursday.

The guest lecturer at the series of free public talks is lawyer Bruce Wagman, who is at the forefront of animal law in the US.

While animal law is still emerging as a discipline in Australia, Mr Wagman said Australia was set to follow in America's footsteps.

In the US, more than 100 universities including Harvard and Columbia, have offered animal law courses since 1977.

The first animal law course in Australia was taught in 2005, and this year the subject will be taught at six law schools throughout the country.

Four of these universities will offer the course for the first time.

With cases of animals being mistreated in agriculture, entertainment, biomedical research and domestic situations, Mr Wagman said lawyers focusing on animal law had tough decisions to make on which battles to fight.

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Keep everything in perspective and make sure that valid animal husbandry practices are not confused with cruelty. Most people would agree that harsh penalties should be applied for blatent cruelty. The risk with this type of book is that every do-gooder will be urged on to make complaints regarding vaild livestock management and production practices. This will further disadvantage Australian agriculture as it has to allocate more resources to defend its position. I hope the book is seen in the limited light that it should be and not held up as a handbook for bashing farmers and livestock producers. I'm sure aninal rights groups like Animals Australia will use it for exactly that purpose. What a shame to use it for negative purposes rather than working cooperataively towards better animal welfare across the globe.
Posted by David, 12/05/2009 6:18:28 AM
Way to go, Judge Kirby. Good on ya mate. Your voice is needed for animals, all animals in Australia. The courts are too weak in bringing penalties against acts of cruelty to innocent animals. I hope the former Judge Kirby joins up with the young Lawyers for Animals group and brings in some sweeping changes. TV last night a blind boy was given a puppy after his dog was beaten do death with a bat. Courts need to get to the base problem, how a child is raised by parents. Parents must start to take responsibility for their children's actions.
Posted by MJM, 12/05/2009 8:22:55 AM
What's the penalty for cutting off a dog's tail when there is no medical reason for it?
Posted by jaimie, 12/05/2009 8:29:33 AM
Since when are the lawyers worrying about the animal abuse? The modern legal system is not about justice or protection of the animal rights, it is about having the good "commercial case" to be able to take the money from the victim, irrespective of the moral outcomes of the case. It won't be too hard to work out which "battles" generate the highest legal bills, Mr Wagman. You can start from the horse racing industry, one of the most prominent examples of horse abuse on the massive scale. Sure that is going to make a few syndicates happy (as well as the lawyers who run them). And IF you manage to win THAT battle you can jump on those chooks and sow farmers.
Posted by Andrew, 12/05/2009 9:08:04 AM
Unfortunately, there are animal carers who have not made the link between animal welfare and productivity. I still see in my district cattle who are crowded around one tree for shade. Do some farmers or graziers not see that the cattle have health and safety needs like humans. Similarly, forcing cattle to eat grain rather than their natural diet of grass is cruel. Kirby is on the right track in drawing national attention to agricultural policy makers and the community.
Posted by Mangiri, 12/05/2009 9:10:06 AM
Mangiri, you have no idea. If you put grain in a paddock full of green grass the cattle will eat the grain over the grass. Cattle thrive on grain and has always been part of their diet since evolution. Consider depriving yourself of chocolate and see how far you get. The difference, grain is better nutritionally than chocolate.
Posted by MickW, 12/05/2009 3:53:56 PM
Racing a fit horse for a distance of which it is capable of completing without severe signs of stress is one thing - flogging it past its endurance capabilities is just thoughtless cruelty. Solution for grand national jumping racing trainer jockey and all other connections to complete the course in a given time on foot in order for the horse to to qualify for a start in the race.
Posted by horses mouth, 12/05/2009 5:01:59 PM
Well Done, David and MickW. It is evident from the other responses here that these are people who have never lived in the country and would never make successful producers if they did. Yes, definitely prosecute the administers of animal cruelty, but first determine what is good animal husbandry. The majority of producers will not subject their livestock to creulty, otherwise they are cutting off the hand that feeds them.
Posted by The Water Drop, 13/05/2009 2:53:42 AM
Thank you Michael Kirby for speaking out for the voiceless, the millions of animals who cannot plead their case in a court of law; and especially for factory-farmed animals who are the most cruelly treated of all. Thank you to the lawyers who will now fight for their rights through the courts. I applaud you all.
Posted by Kathleen, 13/05/2009 3:53:16 PM
An ex-judge now turns his hand to vegetarian, greenies, tree huggers, climate change/carbon zealots. Before anybody can make assertions like that, I suggest they come and see how it's really done - not from a book written by somebody with an agenda.
Posted by Peter, 14/05/2009 11:09:57 AM
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Former High Court judge Michael Kirby
Former High Court judge Michael Kirby
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