November 1, 2012
A man who tried to euthanase an injured bull by shooting it “four or five” times in the head with a .22 calibre rifle – and then came back the following afternoon to finish the job off – was fined $6000 in Kingaroy Magistrates Court today.
David John Lange pleaded guilty to one count of animal cruelty.
The incident occurred on February 5 this year after Lange, an experienced cattleman, was employed by receivers to manage “Timbarra”, near Kumbia.
The property was being destocked when Lange noticed one of the bulls, a black angus which was about nine or 10 years old, was lame.
After taking advice, Lange decided the beast would have to be destroyed.
When he fetched his .22 calibre rifle, a caretaker at the property told him he would need a larger calibre weapon.
But Lange ignored this advice and proceeded to shoot the bull from about 10 metres away. After he fired the first shot, which had no effect, he fired another three or four bullets.
Ms Suzannah Lange, from the Department of Agriculture, Fisheries and Forestry which was prosecuting the charge, said the bull “became agitated” after the last shot and proceeded to walk off into a gully. However it did not bellow, or show any signs of pain.
Lange decided to assist with the rest of destocking process as trucks were at the property and evening was approaching. He believed it was too dark to chase after the wounded bull in difficult terrain.
However, the next day he had arranged for contractors at his own property and did not return to Timbarra until about 3:00pm that afternoon.
This time he took a .257 rifle. His first shot didn’t kill the wounded beast, but the second was successful.
Animal inspectors later severed the bull’s head from the carcase and an examination revealed seven bullet holes in the skull.
Ms Lange said animals, including livestock, were sentient beings and had the ability to suffer. She said the Act did not discriminate between household pets and farm animals.
She said it could be assumed that a bull shot in the head five times would certainly suffer. She said there was a clear obligation in the Act that euthanasia be done humanely and that the animal die immediately.
Barrister Frank Lippett, for Lange, said his client was 50 years of age, had been raised on a cattle property and had spent his whole life working with cattle.
Although he had been called upon to put down a number of cows over the years – of various ages, sizes and breeds, including larger breeds such as brahmans – he had never previously euthanased a bull.
However he had been taught by his family that a .22 rifle was appropriate, and that if the first shot didn’t kill the animal, the second one would. He had ignored the advice of the caretaker, who was a truck driver, because he did not believe he had any experience, choosing rather to act on his own experience and that of his family over many years.
Mr Lippett said there had never been any prior allegation of cruelty against Lange in all the years he had been in the cattle industry.
“He is certainly not a fellow cruel by nature or a fellow who acts with reckless disregard to his animals,” Mr Lippett said.
“This is not a case of a deliberate course of conduct of cruelty.”
Magistrate Mark Bucknall said Lange should have been aware of the basic underlying principles of the Model Code of Practice for the welfare of cattle.
He said Lange could also have consulted a colleague for advice if he had not euthanased a bull before, particularly after he had been told by the caretaker that the .22 was inadequate for the task.
There was also a delay in returning to the property with a more high-powered weapon.
“The defendant chose to attend to other tasks the following day,” Mr Bucknall said.
If Lange had returned promptly in the morning he may not have found himself before the court.
The fact that he did not return until about 3:00pm showed a “callous disregard for this particular beast”.
Mr Bucknall said there needed to be a clear deterrent not only to Lange but to other people engaged in similar occupations that they would be punished if they failed to deal with their animals in a humane fashion.
No conviction was recorded.
