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Anne the elephant's owner found guilty of causing unnecessary suffering Anne the elephant's owner found guilty of causing suffering
(35 minutes later)
A circus owner has been found guilty of three counts of causing unnecessary suffering to an elephant. A circus owner has been found guilty of causing suffering to an elderly elephant but the judge who heard the case strongly criticised the methods employed by animal activists who exposed him.
Bobby Roberts, 69, was also convicted of failing to prevent an employee from repeatedly beating the Asian elephant, called Anne. The police are now investigating threats aimed at the circus owner Bobby Roberts and comments about the case made on Facebook and other sites.
Roberts, who ran Super Circus in Polebrook, Cambridgeshire, also failed to ensure the 58-year-old animal's health needs were met by failing to give her essential arthritis medication. Secretly filmed footage obtained by the activists Animal Defenders International (ADI) caught one of the elephant's grooms, a Romanian man called Nicolai Nitu, hitting the Asian elephant with a pitchfork and kicking her.
His wife, Moira, 75, was cleared of all three charges by the district judge, David Chinnery, after a five-day trial at Northampton crown court. On one occasion 69-year-old Roberts could also be seen apparently aiming a kick at her.
During the trial it was claimed that Roberts had failed to stop Nitu mistreating Anne and that she was kept chained up almost permanently while the Bobby Roberts Super Circus was based at its winter quarters in Cambridgeshire. The prosecution alleged she was not given the medication she needed for arthritis.
District Judge David Chinnery found Roberts, of Oundle, Northamptonshire, guilty of three charges under the Animal Welfare Act 2006. He cleared Roberts's wife, Moira, of all charges, ruling that she was not Anne's owner.
But the judge said he had found Roberts, who said he was appalled by what had happened to Anne, a truthful witness with a "deep love" of the animals he cared for. He accepted that Roberts had not kicked Anne but said the gesture was a "casual flick" to make sure her trunk did not mark his suit.
The judge said: "His distress at seeing the video footage of the groom striking Anne was both genuine and very moving. He has devoted his whole life to the circus, performing from the age of four, and clearly has many talents."
Roberts walked free from court after being given a conditional discharge. He was not banned from keeping animals. ADI expressed "deep disappointment" with the sentence.
But Chinnery criticised ADI for releasing the footage – it appeared first in the Daily Mail – to the media before any prosecution began. He said: "This has resulted in a great deal of coverage both on the internet and elsewhere, which had the potential to jeopardise the right to a fair trial."
The judge continued: "This couple have been tried by the public who have only the footage of the cruelty to the animal upon which to make a judgment. This has resulted in personal vilification of both of the defendants both by members of the public and from my own observations by member of the press."
He said he had been forced to ask the police to be at Northampton crown court to ensure the safety of Mr and Mrs Roberts and added: "The court staff here have received a number of emails containing some serious threats directed at the defendants. Those have been referred to the police, who are currently investigating them, and I have also asked for the comments by some members of the public on Facebook and other sites to be investigated as prima facie they constitute an offence."
The judge also attacked ADI, saying it "sat on" the evidence for two months leaving the elephant where she was. After the story broke in spring last year she was moved to Longleat safari park in Wiltshire, where she is doing well.
He said: "The conclusion to which I am drawn therefore is that Anne's welfare was only a part of the objective by ADI; they have a wider agenda."
However, the judge said he was "satisfied" that Roberts did not properly supervise Nitu – who has who returned to Romania – and that she was left chained for "an excessive period of time" under his instructions.
"During the time that Anne was chained she did not have sufficient space and ability to move as required by good practice and this I regard as a very serious problem," the judge said.
The ADI chief executive Jan Creamer said: "Despite the considerable suffering caused to Anne the elephant, the sentencing meted out to Mr Roberts is derisory and provides no faith that the Animal Welfare Act can protect animals in circuses."
She said Anne's life had improved since she moved to Longleat but added: "We urge Longleat to find Anne a companion as a matter of urgency; she has been on her own for too long and should finally be happy with one of her own kind to share her days with."
ADI said it would respond to the judge's criticisms of how it operated later.