THE RSPCA are set to take their case against a Chatteris man to the county court as they look to finally recover a fine of more than £31,000. Roger Barrett (pictured) was fined a total of £31,291.41 in June 2004 for causing unnecessary suffering to three ponies.
Barrett, lost an appeal against the fine 12 months later and then went to the High Court for permission to appeal.
However, there was never a hearing.
The animal charity is now looking to take the case to the county court and recover the costs from Barrett "when the property is released".Jason Stevens, prosecuting, said: "The RSPCA incurred substantial costs keeping the horses and treating the horses through the investigation."The court finds itself with a large debt outstanding in their files. It's a bit of an eyesore and they would like to see it done away with because it would make life easier with some administrators."I don't suggest repossession; a release when the property is transferred would be the normal way all debts are recovered."Barrett, 70, was given a two-year conditional discharge after pleading guilty to ill-treating the ponies.The court ruled however that Barrett, a breeder whose animals had won international competitions, was unlikely to reoffend and the ponies were returned.David Chapple, defending, said: "Quite extraordinarily and quite wrongly the court then imposes what is effectively an extremely draconian penalty on someone who has just been imposed with a conditional discharge."Sue Morris, chairman of the bench, said Mr Stevens deserved the right to apply to the county court for "having the courtesy of coming back" to Fenland magistrates.She said: "Because it is such an important issue we are going to allow Mr Stevens to make his application to the county court and, subject to what happens there, we will allow him to come back if appropriate.
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