WHITE RIVER – Justice will most likely never be served in one of the most-talked about animal-cruelty cases in recent years, in the Lowveld and the country. Max, a husky, was brutally beaten to death last year.
However, the case against the perpetrator has been withdrawn. The National Council of the Society for the Prevention of Cruelty to Animals (NSPCA) announced on Wednesday that the case had been withdrawn due to insufficient evidence, after the dog’s owner, Mr Marius Kotzé, withdrew his statement.
Kotze had laid charges of animal cruelty in terms of the Animals Protection Act, against his neighbour, Mr Sipho Spahn.
Max was killed after entering Spahn’s property and killing his goats.
However, Kotzé was also charged and was to be prosecuted for failing to take appropriate and responsible action to prevent his dog from entering his neighbour’s property and chasing and attacking livestock.
The NSPCA said that evidence showed that Spahn had requested Kotzé by means of phone calls and SMSes to keep Max inside his property. These pleas fell on deaf ears.
The NSPCA and Lowveld SPCA have tried numerous times to reinstate the case, but were informed this week by the senior public prosecutor, Ms Caren Mortlock, that they have been unsuccessful after the National Prosecuting Authority (NPA) mediated the matter. “The only witness in the NSPCA’s animal cruelty case was Kotzé and now that his statement has been withdrawn, there is insufficient evidence for a case to proceed,” the NSPCA explained.
The organisation expressed its disappointment and said that it was a huge concern that such a serious case of cruelty to an animal could be disregarded with such haste.
“This is a serious case of animal cruelty that was published far and wide and we cannot allow an example to be set whereby a culprit can torture an animal in this manner and walk away free without consequences,” senior inspector, Mr Jaco Pieterse of the NSPCA, said.
He added that a great deal of manpower, time, travelling, phone calls and documentation, including preparation and submission of a full docket and a post-mortem report, had gone into the case.
“Staff time was committed with the dedication of personnel who truly believe that in any case of animal abuse or cruelty, there must be accountability and justice,” he said.
Lowvelder contacted Kotzé upon which he said, “You know more than I do and I am not willing to give any further comment”.
The NSPCA will make a final attempt to have justice served. It will appeal to the director of public prosecutions (DPP) to reinstate the case.
At the time of going to print, it couldn’t be established if the charges against Kotze have been withdrawn as well.
Read one of the first stories on this case here:
