It was a mixture of emotions at the Pretoria regional court on Monday as Ricardo Ghiazza and Henry Wayne Stockigt were found guilty of mistreating the Tuli juvenile elephants.

Members of the National Society for the Prevention of Cruelty to Animals wiped tears from their eyes, while Ghiazza did his best to avoid the media.

Ghiazza, his company - African Game Services (AGS) - and Henry Wayne Stockigt had earlier pleaded not guilty on charges that they had abused the elephants between September 1998 and May 1999, on Ghiazza's property near Brits.

But the men and the company, of which Ghiazza is the only director, were found guilty of contravening the Animal Protection Act. This was by "ill-treating, torturing or beating the animals or assisting in such actions, in that by being the owner permitting such actions".

'They bellowed and defecated when the mahouts were around'

Ghiazza and AGS were found guilty of contravening the same act on the second charge, as they had chained the animals in such a manner that it caused unnecessary suffering, or "assisted or permitted these acts".

Stockigt, however, was acquitted on this charge. Co-accused Craig Saunders was earlier acquitted and the mahouts (Indonesian elephant trainers) disappeared.

In an almost four-hour verdict, magistrate Adriaan Bekker said this was the first time elephants had formed the subject of the Animal Protection Act.

He said according to evidence, Ghiazza knew of the wounds caused by the way the mahouts restrained the elephants.

"It is not unlawful to chain the animals, as they are wild, but the chains had direct, uncovered contact with the elephants' legs. It cut into their flesh. Although this was later rectified after Ghiazza's attention was drawn to it several times, the way these animals were chained was unlawful," Bekker found.

'It was not necessary to repeatedly hit the animals and cause injuries to them'

He said Ghiazza was in charge of the handlers and had appointed and dismissed them.

"It is clear the elephants were terrified by the mahouts. They bellowed and defecated when the mahouts were around. Even if it was necessary to use these tools, it was not necessary to repeatedly hit the animals and cause injuries to them," the magistrate said.

Bekker said the mahouts dominated and disciplined the juvenile elephants with physical force, trying to break the animals' spirit.

AGS and Ghiazza knew they followed this method, as Ghiazza apparently went to Indonesia to witness the training of elephants there.

Bekker ruled that Ghiazza as owner, and AGS, were liable for the actions of the mahouts.

Stockigt was found guilty for cruelly and unlawfully beating the elephants on two occasions.

The men will be sentenced on July 24.

• This article was originally published on page 2 of The Mercury on 08 April 2003