Man Who Kicked Dog to Death to Escape Punishment
A man who kicked his girlfriend’s dog so hard it killed her has escaped prosecution as it was decided the dog ‘did not suffer’.
Norman Llewellyn was arguing with his girlfriend and decided to take out his frustration on her 3 year old Yorkshire Terrier, Phoebe. Llewellyn had bought his girlfriend the puppy 3 years earlier as a present.
He kicked the dog so hard, she was killed instantly. Julie Blyth, called police but Llewellyn ended up being let off with a caution. It was decided no prosecution would be brought as Llewellyn had shown ‘remorse’ and did not have any previous convictions.
The RSPCA were informed of the incident but after investigating the case, decided not to take any further action.
The animal charity formed the decision on the basis that the dog was killed instantly and didn’t suffer. A vet carried out a post-mortem on the dog and the RSPCA decided not to bring any ill-treatment or cruelty cases.
The decision has caused outrage after the charity explained: ”Evidence of suffering is necessary for cruelty to be proven in the courts. And as an expert ruled that suffering did not occur, animal welfare offences could not be considered.”
The couple are no longer together and Miss Blyth’s sister said that she was ‘heartbroken’.
She spoke of the incident: ”We think it’s disgusting. It seems no one wants to know – and we are upset he has got away with it. What sort of message does it send out to people.”
Author and animal lover, Jilly Cooper has commented on the incident and has called for the charity to rethink their decision: ”It is irrelevant whether it was one kick or two. Killing an animal is killing an animal.”
The RSPCA said: ‘The Society shares the public’s concern and frustration. But of course we can only act within the law. This case is exceptional.”
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Like most people (no doubt) this story has really angered me. Would the sames rules apply if he had done this to a baby then, after all, that is what she was. In the same circumstances the baby would not have suffered either.
Who is to say that this person (I cannot find it in my heart to call him a ‘man’) will not go on to attack a child next time, or another dog, after all he has got away with it once.
Shame on you RSPCA and the local Police. I would like to bet that had Julie retalliated she would have been charged with assault.
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As an invited consultee in the rspca`s Animal Welfare Act consultation I have frequently put forward my doubts in regard to how it has failed.
There has been no provision in the Act to address abandonment, neglect or cruelty and this is put beyond doubt by the recent horrendous story of Phoebe and how she was kicked to death by nothing less than a callous coward.
To read the rspca`s statement regarding this unnaceptable action “Although ‘deeply troubled by the violent death’ of Phoebe, the charity explained: ‘Evidence of suffering is necessary for cruelty to be proven in the courts “.
This decision has caused obvious outrage, yet the animal charity said “The death was so quick that the little dog did not suffer – and therefore no cruelty charge could be brought “.
This case has seriously compromised animal welfare in the UK and has to be seen as a green light to others angered by their pets or no longer want to keep them to just “kick them” to death and according to the rspca if killed with one blow no act of cruelty has taken place.
How blinkered the rspca are when wearing their animal rights hat and denouncing fox hunting as cruel when the fox was usually killed by one bite. How bizzarre that they accept the casualties of fireworks each year with hardly a response.
Whilst the political parties are having a spring clean with the expenses scandal perhaps its` time that there was a serious re-think and reshuffle regarding animal welfare in the UK and who sets down the guidelines and who enforces it.
The new Animal Welfare Act was the initial work of the rspca as they “worked with ” Labour MP Ian Cawsey under the guise of a Private Members Bill but when this failed it was picked up by the Labour Government and most likely by Mr Cawseys` future Landlord Elliot Morley and he also being a strong supporter, I believe, of the rspca.
The AW Act has failed abysmally and it becomes clearer by the day that an animal rights politically charged charity are not the most suitable animal welfare advisers and especially not the enforcers.
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Trudy Baker Reply:
May 23rd, 2009 at 3:43 pm
Correct me if I am wrong but isn’t it the police who are responsible for enforcing the AWA.
Far too often people criticise the RSPCA – a publicly funded charity – for failing to enforce the law.
The police have far more authority than the RSPCA, although prove constantly reluctant to investigate and bring prosecutions.
‘Julie Blyth, called police but Llewellyn ended up being let off with a caution. It was decided no prosecution would be brought as Llewellyn had shown ‘remorse’ and did not have any previous convictions’ – This statement is of more concern to me, rather than the RSPCA’s response.
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If the Vet has decided that suffering did not occur then a charge under the AW Act would not be possible, unbelieveable as that is.
However, how does this tie in with the Police Officer who killed a fatally injured cat with a shovel, to cut it’s suffering short, because he could get no assistance and was charged with cruelty by the society.
One act carried out with malice, result, nothing.
One act carried out for humanitarian reasons, result, criminal charge, court, found guilty. Only cleared upon appeal to Crown Court.
It should still be possible for the Police to charge him with criminal damage to her property.
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Trudy,
The whole idea of the new Animal welfare Act was that of the rspca. It was first put forward as a Private Members Bill by Labour MP, ( rspca friend and pal of the then Minister Elliot Morley ) Ian Cawsey. It failed but was picked up by Elliot Morley and became a Government consultation.
The rspca have taken it upon themselves to become judge jury and executioner in all animal welfare issues, even that of wildlife crime but with a conflict of interest and animal rights agenda. Animal crime should, as in other countries be dealt with by the law and CPS or equivelant and not a charity. I was a consultee in the AW Bill and can honestly say it has failed. There is no provision to working the rspca “Duty of Care ” there are more abandoned and cruely treated animals than before and no real benefits for animal welfare, only animal rights propoganda.
DEFRA , Police and Natural England should implement and enforce the law regarding all aspects of animal welfare and not an animal rights charity obviously out of its` depth
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just goes to show how bad are anti-cruelity laws are!
it should be illegal for anyone to kill an animal, expect for humane euthanazia by a licenced vet.
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