THE RSPCA has disputed calculations that drought-affected beef cattle euthanised by animal welfare officers at Framlingham were worth $2.46 million.
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In its closing arguments before the County Court in Melboune this week, the authority’s legal representatives argued the cattle should have been valued on lower commercial rates rather than as a stud breeding herd. Farmers James Holdsworth, of Westmere, and Heather Ellison, of Bairnsdale, sued the authority over the loss of their Murray grey cattle which had been part of a 300-head herd transported from drought-ravaged NSW to Framlingham forest for agistment in 2003.
Senior RSPCA inspector Jason Nicholls and junior officer Mark Roberts shot some of the cattle in paddocks owned by Framlingham Aboriginal Trust following reports the animals were starved and in bad health.
The livestock owners lodged a writ for $2.46m in November 2011 and last August Judge John Bowman found the RSPCA had been negligent. It was understood to be the first successful court action against the society for destruction of livestock.
Judge Bowman determined that 126 cows, three calves and two bulls had been euthanised. Several other cattle were presumed to have died beforehand in the paddocks.
This week, the matter went back before the judge with both parties arguing over the valuation. Calculations presented by the RSPCA valued the herd considerably below the plaintiffs’ figure which was based on being part of a stud breeding bloodline.
A decision is expected by May after another expected mention in court on a technical issue next week.
The plaintiffs’ lawyer John Maitland, of Melbourne, said yesterday calculations were “hotly contested” with conflicting views.
It is understood calculations ranged from more than $2m for prime stud cattle to several hundred thousand for poor-condition commercial stock. The plaintiffs argued the deaths effectively eradicated six or seven generations of breeding.
“After a very long trial it’s now up to the judge to make a decision,” Mr Maitland said.