(Australia) Elephant loses court case to be free of circus

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Elephant wins court case

From AAP

17may02

 

ARNA the elephant will continue her solo journey with the circus, a court

has ruled.

 

Magistrate Paul Lyon today ruled against Animal Liberation NSW claims of

cruelty to Arna the Asiatic elephant by Stardust Circus.

 

Mr Lyon cut the case short on the grounds there was no deliberate intent to

cause pain to the elephant.

 

" There is evidence that the elephant became distressed and suffered pain, "

Mr Lyon told the Downing Centre Local Court.

 

" But on reading the legislation the court is of the view that there was no

intention in relation to this. "

 

Animal Liberation NSW alleged Stardust Circus committed an act of cruelty to

Arna on December 30, 2000, at Gosford, by allowing a visit by a group of

three other elephants and then removing them.

 

The case was primarily based on video footage of the incident, filmed by

activists as part of a demonstration at the time of the alleged act of

cruelty.

 

Earlier in the week, the court heard an elephant in distress would display a

number of common behaviours, including swaying of the head, trunk

trumpeting, above normal lifting of the feet, fast flapping of the ears and

intentional trunk and tail movements.

 

Stardust Circus owner Janice Lennon said she was relieved the proceedings

had come to an end.

 

" It should never have come this far, " Ms Lennon said outside the court

today.

 

" It has been an emotional and costly exercise for both sides and I only hope

that it is finally laid to rest. "

 

Animal Liberation NSW spokesman Mark Pearson said he was very disappointed

by the magistrate's decision and would launch an appeal.

 

" We are not sitting with this, " Mr Pearson said outside the court.

 

" We are extremely disappointed that the magistrate in our view has not

really understood the legislation as it is intended. "

 

The animal liberation group flew three international experts to Sydney to

give evidence during the case.

 

They included veterinarians from England, the United States and Scotland.

 

New York vet Sara Winikoff said she was buoyed by the magistrate's comments

that Arna had suffered distress.

 

" It is a positive step ... he admitted that the case was proven that this

elephant was caused distress, pain and suffering, which falls under the

cruelty act, as a result of this action, " she said.

 

" To have flown half-way around the world in the hope that at the end of my

short stay here one elephant would no longer be in the situation of

suffering and distress that she is in - that was my goal so it is very

disappointing. "

 

Arna has lived alone at the circus since the death of her partner Bambi

about five years ago.

 

She joined the circus at six years of age when she came to Australia from

Vietnam. She is now 46 years old.

 

The action against Stardust - taken under the Animal Cruelty Act - started

earlier this week and was expected to continue into next week.

 

The magistrate also ruled Animal Liberation NSW would be responsible for

costs but reserved a dollar judgment until next Friday.

 

 

 

AAP