GSPCA refutes claims of power to prosecute animal offenders

Nov 29, 2013 News

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–    calls for review of legislation

By Zena Henry

A fiery spat has erupted over the killing of several pit bull dogs earlier this week, with one side endorsing the slaughter of the “vicious” animals, the other side condemning their “merciless” butchering, and now the debate as to whether legal action should be taken against the dogs’ attackers, as well as which entity holds the power to do so.
One thing that both sides agree on is that legislation relating to animal welfare needs to be reviewed and strengthened.
While this is not the first time the matter has been a topic of contention, it returned to the fore when several Ogle Street, Beterverwagting, East Coast Demerara residents, including two police ranks, slaughtered several pit bulls, two of which brutally attacked their owner’s wife. Emphasis is not being placed so much on the killing of the dogs that attacked the woman, but denunciation has reverberated over the killing of the other animals that were caged and defenceless in their pens.
The act against the dogs was deemed, “barbaric,” by the Guyana Society for Prevention of Cruelty to Animals (GSPCA), while several public announcements and letters of condemnation followed the incident.  The GSPCA asked further for the prosecution of the dogs’ attackers and the enactment of animal rights legislation.
The police have noted, however, that by law, the GSPCA has the power to cause legal proceedings to be brought against offenders of animals. A senior police officer told this publication that the GSPCA, under the Act, has the right to take persons to court. Outside of that, the officer opined that there is no compound legislation encompassing the wide scope of issues surrounding animal welfare. In the officer’s opinion, Chapter 8:02 of the Constitution, which speaks to animal matters, is inadequate.
The GSPCA in response has stressed that it is not a law enforcement body and is thus not empowered to prosecute or cause anyone to face the courts for cruelty against animals. The body’s President, Oliver Insanally, told Kaieteur News that apart from being unable to prosecute persons, they are “not even allowed to confiscate the animal(s).”
Insanally supported a revision and the introduction of new animal welfare laws. He said the power of the GSPCA as claimed by the police, by virtue of the Act, is not as indicated.
“What we have are old laws from the British age, some of which speak about $60 fines and such.”
He noted that about a year ago, input was provided to the Ministry of Agriculture for the draft of new animal welfare laws to be incorporated in another law which is believed to be in parliament. The role of the GSPCA, he continued, is to accept and investigate reports of acts committed against animals, and subsequently take the matter to the police, who in turn take the necessary action.
“The current penalties are certainly ridiculous and inadequate. The GSPCA thinks that this needs to be updated. The police force has to enforce the laws and it is clear that they are not aware of it, because they certainly don’t act on it.”
The GSPCA president said he is unaware of legislation relating to dog ownership, a licencing process and the certification of dog breeders.
The Mayor and City Council said that at one point licences were being given to dog owners, but that has dwindled away, since no legislation supports this. Information from the Council’s Public Relations Office is that concerns with animals would relate only to the cleanliness of pens and environmental effects; that is, ensuring stables, animal rearing and related activities are in designated areas.
Nonetheless, the use of pit bulls is prevalent as the animals are the number one or preferred choice for guard dogs, thus encouraging their increase. Several prior incidents have led to debates over the societal acceptance of the cross breeds, since human attacks by the animals are on the rise.
In neighbouring Trinidad and Tobago dozens of pit bull-related deaths have led to that nation’s government implementing stiff penalties against owners. It was noted that the seriousness of the situation has seen dogs hunting and killing in packs, both humans and animals.
A section of that country’s new Dog Control Bill, 2013, says that dog owners can face up to 10 years in prison and a $200,000 fine if their pet kills a human without provocation. If a person is injured as a result of an attack, the owner pays $100,000 and would serve a five-year jail sentence. The law includes dogs being micro-chipped to ascertain ownership, licencing fees and fines for unlicenced dogs. The Act has also classed the varying types of dogs based on how dangerous they are.

 

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