It would not be unfair for a case against the Spirit of Tasmania, relating to the deaths of 16 polo ponies in January 2018, to proceed in a Burnie court over the coming weeks, a magistrate has ruled.
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Magistrate Leanne Topfer ruled on Monday afternoon that the hearing against TT-Line, which has pleaded not guilty to one count of using a method of management reasonably likely to result in unreasonable and unjustifiable pain and suffering to the animal or animals in the group and 28 counts of transporting a horse across Bass Strait failing to ensure that the horse was individually stalled, would proceed as planned.
Defence lawyer Robert Taylor had argued in lengthy submissions on Monday morning that prosecutors had raised matters of such significance, and at such late a stage, that the case should be adjourned.
Mr Taylor said that after midday last Friday, he and his team received a report from a veterinarian containing expert opinion evidence that had not been previously foreshadowed by prosecution.
He said the report contained suggestions that the horses may have been in close proximity and injured each other, but that his team had previously understood the case to be related to heat and ventilation.
He suggested vacating the three weeks allocated for the hearing and reconvening in the new year, which Ms Topfer said she was "very reluctant" to do.
Mr Nicholson, however, rubbished Mr Taylor's suggestion that the veterinarian's evidence equated to a change in what the prosecution alleged.
He said the veterinarian's report simply contained their opinion about why horses should be individually stalled, which they were able to do as an expert in their field.
In ruling against TT-Line, Ms Topfer agreed the report contained an opinion about the regulations requiring horses be individually stalled, as the charge states.
Ms Topfer said she was not surprised that horses stalled in close proximity for significant periods of time may attack each other.
"Prosecution is not suggesting there is evidence that the horses kicked and bit each other, but that the risk.. is a foundational basis of why it is reasonable they must be individually stalled," Ms Topfer said.
"There's not a substantial new evidence which takes the defendant by surprise to the extent it would be unfair to continue with the hearing."
The decision is the latest in a string of courts ruling against TT-Line's defence lawyers, who have unsuccessfully argued the company was not liable to face the charges in the Supreme Courts of Tasmania and Victoria, and the High Court.
Sandy Powell
Court and crime reporter covering the West and North-West of Tasmania for the Advocate.
Court and crime reporter covering the West and North-West of Tasmania for the Advocate.
