Trevor James Bond may walk free after cutting dog's throat as it is 'not against law' | News.com.au (external - login to view)
HE ADMITS fatally slashing the throat of his ex-partner's dog, but Trevor James Bond may yet avoid an animal cruelty conviction on a legal technicality.
Bond, 47, of Ottoway, stood trial in the Port Adelaide Magistrates Court yesterday accused of ill-treating an animal to cause death during a "frenzied knife attack" in June, 2009.
Yesterday his lawyers said the case should be thrown out because Bond did not stab the animal as alleged by the RSPCA - he only cut it with a knife, The Advertiser reported.
Blair Tremaine, for Bond, said that even had the charges been worded differently, slashing an animal's throat was not inhumane under state law, meaning no crime had been committed.
"It would seem clear that killing an animal is not necessarily an offence," he said.
"It's not the killing of the animal, it's the treatment the animal receives leading up to its death that is the offence.
"In my submission, it's not killing an animal that is a crime but killing it in a way that causes it unnecessary pain."
Mr Tremaine said the prosecution case hinged on the reference to a repeated stabbing to cause death, an action which was not conclusively supported by evidence.
"He (Bond) comes to court to meet that charge," Mr Tremaine said. "There's a difference between a cut, which might be defined as an incision, as opposed to a stabbing.
"He didn't stab it, he cut its throat."
Nikki, a keeshond, died in August, 2009, allegedly following a domestic dispute between its owner and Bond.
The RSPCA has alleged Bond slit the animal's throat and stabbed it repeatedly before dumping its body in a wheelie bin. It further alleges Bond was "in a drunken rage" at the time.
Yesterday Sophie Downey, for the RSPCA, said Nikki was subjected to an "unnecessary and violent" attack.
Giving evidence yesterday, vet Alex Whittaker said the five cuts would have distressed Nikki, but only one could be considered life threatening.
Magistrate Paul Foley will hand down his verdict next month.