QLD Government is not punishing animal cruelty fairly

Toowoomba pet store owner Nicole Bourne ONLY fined for mistreatment of hundreds of animals

A Queensland pet store owner has been fined $40,000 for the "appalling" treatment of hundreds of animals, including cats, birds, mice and fish.

Many of those charges were discontinued after legal negotiation and on Tuesday she pleaded guilty to 39 offences in the Toowoomba Magistrates Court just as a six-day trial was due to begin.

Prosecutor Liza Marshall told the court Ms Bourne's store was the subject of more than 250 complaints and that RSPCA inspectors had been attempting to educate and provide advice to the 46-year-old since 2014.

Ms Marshall told the court that when inspectors raided the business in May 2020, all of the 546 animals seized had animal welfare concerns.

"[Ms Bourne] demonstrated a complete disregard for animals in her care — her conduct has had a significant effect on a very large number of animals," Ms Marshall said.

"A majority of the birds seized were euthanised because of their poor condition."

https://www.abc.net.au/news/2023-10-04/nicole-bourne-fined-after-pleading-guilty-to-animal-mistreatment/102933500

RSPCA footage from Toowoomba pet store investigation.(Supplied: RSPCA)
Ms Marshall said kittens seized had significant behavioural issues and inspectors found a number of sick or dead fish in the store.

She said during the 2020 raid the RSPCA found hundreds of sick and stressed birds living in either overcrowded or unhygienic conditions, as well as a dead finch in a water bowl.

The court heard there was also a significant amount of mouse and cockroach faeces around the store.

A Pets Galore shopfront featuring a brightly-coloured cartoon elephant.
Ms Bourne has owned the pet store for more than 20 years.(ABC Southern Qld: Elly Bradfield)
'Appalling and squalid'
Ms Marshall told the hearing that during a June 2020 search of a family property at Cutella, near Toowoomba, eight cats were found living in "appalling and squalid conditions".

"The cats could not have been kept in worse living conditions," she said.

Ms Marshall told the court Ms Bourne had been using the cats for breeding and had shown a callous disregard for their welfare.

Ms Marshall told the court that Ms Bourne challenged every animal welfare direction that the RSPCA issued.

Defence lawyer Jen Streit said Ms Bourne now employed five staff at her pet store and that she did not breed animals anymore.

The court was handed a psychologist's letter stating the 46-year-old was passionately dedicated to caring for animals and that the RSPCA's investigation had rocked her identity and sense of self.

A sign at the entrance to a pet shop warning patrons about the odours within.
Magistrate Kay Philipson said Ms Bourne displayed an "almost complete disregard" for the welfare of the animals in her care.(ABC Southern Qld: Elly Bradfield )
'Significant lack of insight'
Magistrate Kay Philipson said during sentencing that Ms Bourne's failure to care for the animals was egregious considering the significant education and assistance she had been given.

"The defendant has demonstrated a significant lack of insight and an almost complete disregard for the welfare of the animals in her care," Magistrate Philipson said.

Magistrate Philipson rejected the letter from Ms Bourne's psychologist.

"It is extremely concerning that the defendant has appeared to lack any insight when one considers the ongoing nature of the offences," she said.

Magistrate Philipson reserved her decision on an RSPCA application for a prohibition order limiting the number of animals Ms Bourne would be allowed to keep in the store.

Magistrate Philipson said it was astounding it had taken 14 years before action was taken against the 46-year-old, despite the number of complaints made.

Ms Bourne was fined $40,000 and given a two-year probation order.

No conviction was recorded.