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| Anne the elephant's owner found guilty of causing suffering | Anne the elephant's owner found guilty of causing suffering |
| (8 days later) | |
| 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 used by animal activists who exposed him. | 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 used by animal activists who exposed him. |
| The police are now investigating threats aimed at the circus owner Bobby Roberts and comments about the case made on Facebook and other sites. | The police are now investigating threats aimed at the circus owner Bobby Roberts and comments about the case made on Facebook and other sites. |
| Secretly filmed footage obtained by the activists Animal Defenders International (ADI) caught one of the Asian elephant's grooms, Nicolai Nitu from Romania, hitting her with a pitchfork and kicking her. | Secretly filmed footage obtained by the activists Animal Defenders International (ADI) caught one of the Asian elephant's grooms, Nicolai Nitu from Romania, hitting her with a pitchfork and kicking her. |
| On one occasion 69-year-old Roberts could also be seen apparently aiming a kick at the animal, known as Anne. | On one occasion 69-year-old Roberts could also be seen apparently aiming a kick at the animal, known as Anne. |
| 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 circus was at its winter quarters in Cambridgeshire. The prosecution alleged she was not given the medication she needed for arthritis. | 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 circus was at its winter quarters in Cambridgeshire. The prosecution alleged she was not given the medication she needed for arthritis. |
| The 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. | The 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" for 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. | 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" for 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." | 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 after being given a conditional discharge. He was not banned from keeping animals. | Roberts walked free 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." | 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 members of the press." | 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 members of the press." |
| He said he had been forced to ask the police to be at Northampton crown court to ensure the couple's safety 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." | He said he had been forced to ask the police to be at Northampton crown court to ensure the couple's safety 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 said the ADI "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. | The judge said the ADI "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." | 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 Anne was left chained for "an excessive period of time" under his instructions. | However, the judge said he was "satisfied" that Roberts did not properly supervise Nitu – who has who returned to Romania – and that Anne 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. | "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. |
| ADI's 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." | ADI's 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." | 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 later to the judge's criticisms of how it operated. | ADI said it would respond later to the judge's criticisms of how it operated. |
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