Attorney Metta MacMillan-Hughes, a senior partner of leading commercial firm Lennox Paton, and legal advisor and Board member of the Bahamas Humane Society, described the arraignment of Terry Miller of BASH today for offences of crue lty to animals as a major step forward in enforcing the rights of animals in the Bahamas to enjoy the Five Freedoms.

The prosecution followed a complaint made to Police by Inspector Percy Grant of the Bahamas Humane Society on 11 April, 2016. The complaint was not made lightly she said. It was taken after all efforts by the Bahamas Humane Society and veterinarians, in particular Dr. Amanda Pinder, to educate and assist Mr. Miller and his staff at BASH on the proper food and care needed by the horses and other animals under his care failed.

The complaint alleges that the horses were suffering from starvation, severe malnutrition and other ailments and injuries for which they were not receiving the care and or medication required.

Ms. MacMillan-Hughes said that the Animal Protection and Control Act, 2010 is designed to protect animals from any form of cruelty, neglect or abuse and to ensure that all animals are kept under control. Insofar as the horses that have been removed from BASH are concerned, she advised that the Police are proceeding under s 46 (1) of the Act which provides, among other things, that any person who deprives any animal of such sustenance, drink, shelter or movement that it requires, or who commits, or omits, any act which results in an animal being caused unnecessary suffering, commits an offence.

The penalties are significant.

Anyone found guilty of a first offence of cruelty under this section shall be liable to a fine not exceeding $5,000 or imprisonment for a term not exceeding 6 months, or both a fine and imprisonment.

For a subsequent offence, the penalty is a fine not exceeding $20,000 or imprisonment for a term not exceeding 1 year, or both a fine and imprisonment.
Ms. MacMillan-Hughes explained that the offence relates to each animal. Thus, if Mr. Miller were found guilty of just one offence of cruelty in respect of each of the 5 horses, the penalty could be as much as $25,000 and 2 ½ years imprisonment (5 terms of six months running consecutively).

Ms. MacMillan-Hughes said that the Bahamas Humane Society were immensely pleased with the immediate action taken by the Police who undertook a full and prompt investigation. The removal of the horses from BASH was carried out pursuant to s 51 of the Act which provides that where an animal control warden or police officer has reasonable cause to believe that an offence under the Act has been committed, he may seize and impound any animal which is believed to be involved in the offence.

The horses were delivered into the care of the Bahamas Humane Society which is a recognized Society under the Animal Protection and Control Act and is a member of the Animal Protection and Control Board appointed under the Act.