TULI ELEPHANT CASE

DETAILS OF JUDGEMENT ISSUED ON 21 FEBRUARY 2000

Judgement was given on 21 February 2000 in the Supreme Court, Pretoria, on the application by Mr. Ghiazza to have the decision of Magistrate Glas set aside as incorrect. Mr. Ghiazza’s application was dismissed with costs. The Judge felt that there was no merit in the application.

The judgement is 140 pages long, including details of how Judge de Villiers came to his decision plus his conclusions. A summarised version follows:

The Judge accepted evidence of all witnesses of the NSPCA that the training was cruel and caused suffering. Judge de Villiers stated that there was, in all probability, deprivation of food, water and sleep. The Judge saw no reason why Indonesian methods should be uncritically regarded in South Africa, simply because the mahouts (Indonesian elephants trainers) have experience in training elephants. If these methods are cruel and cause suffering to the elephants, they should not be employed in South Africa.

The fact that the mahouts used sharp ankuses and chained the elephants so as to cause injury to their feet indicates that an important part of their training methods is cruel. On the probabilities of the evidence seen as a whole, the mahouts were unnecessarily cruel to the elephants during training. The Judge stated that the attitude of Mr (Criag) Saunders that the training was a means to an end was considered “somewhat callous”. He had a financial interest that the training of the elephants be continued. He is not an expert and his evidence was contradicted in important respects by Dr Greenberg and the NSPCA’s witnesses.

THE JUDGE CONCLUDED THAT:

1. It was proven on balance of probabilities that the training methods employed by the mahouts are cruel and that the elephants suffered as a result. If the elephants were to stay on the property of African Game Services, they would be subjected to further cruelty and suffering.

2. The decision of the “welfare committee” to resume training was wrong. Dr Garai’s views in regard to the training methods of the mahouts are singled out as wrong. Dr. Meltzer did not make a proper and critical study of the training methods. The evidence shows that they were unacceptable and brutal.

3. The blunting of the ankuses and the padding of the chains probably lessened the elephants’ suffering to some extent but the training methods remained cruel. Nothing was done to change the training methods.

4. Mr. (Craig) Saunders’ is not an expert and his opinions cannot carry any weight. The fact that he has a vested interest in the elephants means his evidence must be viewed with circumspection. His evidence that the sjamboks and ankuses were only used in self defence is, on the balance of probabilities, as a whole, untrue.

5. The probabilities as a whole are that the mahouts severely ill-treated the elephants during training. The ankuses played a significant part, even when blunted. The chains caused injuries and probably also impaired their sleeping.

6. Even if the applicants had not known beforehand that the mahouts intended using such cruel methods of training, they should have become aware of it when the training commenced and the injuries became apparent.

7. On the probabilities as a whole, the training methods of the mahouts went further and other methods to achieve domination were used, including deprivation of food, water and sleep.

8. The welfare committee appointed by Mr Ghiazza did not give proper thought to their earlier resolution to calling experts to supervise the training. They were clearly going to allow the mahouts to continue training in the same fashion.

9. The mahouts were clearly not going to change their methods and had obviously been given carte blanche to train the elephants as they thought fit.

10. The interests of the elephants were not properly or sufficiently considered. A quick and cruel training method was adopted instead of a slow but probably acceptable method.

The accused in the criminal case are: - Riccardo Ghiazza / African Game Services
Craig Saunders
Wayne Stockigt
Two Indonesian mahouts