A declaration that a converted refrigeration unit was ventilated well enough to ensure the health and wellbeing of 18 horses inside it was "patently false" and could not be relied upon, a north-west Tasmanian magistrate has said.
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On Thursday TT-Line, the operator of the Spirit of Tasmania, was found guilty of 29 breaches of the Animal Welfare Act by Magistrate Leanne Topfer in Burnie, and bears some responsibility for the deaths of 16 horses in January 2018.
The polo ponies were stalled on the truck being driven by former Australian polo captain Andrew Williams from Barnbougle in Tasmania's north-east to regional Victoria, where they were found dead on January 29.
Mr Williams pleaded guilty to 17 breaches of the Animal Welfare Act in July this year, and TT-Line pleaded not guilty to its 29 charges and the company's lawyers argued its case in a three-week hearing in the Burnie Magistrates Court in August.
In the hearing the team of lawyers argued TT-Line could not be held responsible as it relied on a declaration by Mr Williams that his truck was adequately ventilated.
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In her ruling on Thursday afternoon, Ms Topfer rubbished this argument and said that no attempt was made to ensure his declaration was accurate, and called it "patently false".
She found the company guilty of 28 charges as particularised, and guilty of the final charge in an amended form.
Neither the Crown nor the defence made any submissions about Ms Topfer's ruling, but lawyer Krystina Grinberg sought to have a plea hearing adjourned to early 2023, which Ms Topfer denied.
"I am not prepared to wait that long," she said, before adjourning the matter to December 21.
Sandy Powell
Court and crime reporter covering the West and North-West of Tasmania for the Advocate.
Court and crime reporter covering the West and North-West of Tasmania for the Advocate.
