MEDIA STATEMENT

ISSUED ON FRIDAY 10 MAY 2002

The Magistrate announced in the Pretoria Regional Court today that the charges laid under Section 2.1 (a) and (b) of the Animals Protection Act No 71 of 1962 will proceed against the accused in the tuli elephant case trial: - Riccardo Ghiazza and his close corporations plus Wayne Stockigt.

After the State had closed its case, lawyers for the accused argued that the State had not proved a case and moved for dismissal. Earlier in the week, the Court had agreed to the application for a discharge for Craig Saunders in terms of Section 174. The case will proceed from 16 August when defence witnesses may be called. The charges relate to neglect, beating and tethering the elephants.

The Magistrate announced that other charges would not proceed. These included a charge laid under the Performing Animals Protection Act plus charges under Section 2.1 (f) and (m) of the Animals Protection Act.

The NSPCA expresses delight that "the core charges" will proceed. "These relate to the fundamental issues of the whole case,"explained NSPCA Executive Director, Marcelle Meredith.

She recalled that Inspectors from the NSPCA had entered the property of African Game Services on 02 September 1998 with a search warrant issued by a Brits Magistrate and that criminal charges had been laid against Riccardo Ghiazza / African Game Services in October 1998. A warrant was subsequently granted to the NSPCA to seize the elephants. The application to have this set aside was refused after a lengthy hearing in the Brits Magistrates Court. The matter was later taken on review to the Pretoria High Court. An order had been obtained preventing the NSPCA from removing the elephants from the premises at African Game Services pending the outcome of the review.

The Honourable Mr Justice de Villiers dismissed this appeal. He handed down a written judgement in the Pretoria High Court on 21 February 2001 which carefully evaluated all the evidence and found that the animals were severely ill-treated.

"In my view, it has been proved on a balance of probabilities that the training methods employed by the mahouts in respect of the elephants, are cruel and that the elephants have suffered as a result thereof."

"Ms Cheater's evidence, which was not refuted, proves that it did happen. Her evidence upon her recall shows various other forms of cruelty to the elephants, which were not rebutted. The evidence of other witnesses, including Dr Greenberg, also confirms that the training methods of the mahouts are unacceptable and brutal."

"According to the evidence of Dr Adams and Mr Farinato, deprivation of food, water and sleep are acknowledged methods of obtaining domination over an elephant. To my mind, the probabilities as a whole, show that the elephants were deprived."

Ends