Bedfordshire man sentenced to 12 weeks in prison for animal welfare offences

Charges related to animal carcasses

On Friday 31 May, Mr Mohammed Saeed Malik, of Rondini Avenue, Luton, was given a 12 week immediate custodial sentence after pleading guilty to a number of charges bought by Bedford Borough Council relating to animal carcasses found at a location on Tithe Road, Kempston on the 5 and 6th September 2018.

During the hearing at Luton Magistrates Court, the court heard how, despite significant advice and warnings, Mr Malik had displayed gross negligence and caused great harm towards the welfare of the animals he kept on a farm and the health risks he exposed the public, farming industry and to the feed and food chain by his failure to deal with animals that had died on the farm.

Even after confiscation of his animals it was heard that Mr Malik immediately decided to purchase more without making sufficient improvement to the conditions in which they were being kept.

Mr Malik was prosecuted by Bedford Borough Council for four offences under the Animal-by-Products Regulations 2013 and by the RSPCA for eight offences under the Animal Welfare Act 2006.

The magistrates considered Mr Malik to be highly culpable for the offences and were shocked by the cruelty shown to the animals.

They considered his actions crossed the custody threshold and sentenced him to eight weeks custody for all four of the council’s charges, which is to run concurrent with the 12 weeks imposed for breaches of the RSPCA charges for welfare matters.

Cllr Colleen Atkins, portfolio holder for Community Safety and Regulatory Services at Bedford Borough Council, said:

“Bedford Borough Council welcomes the courts’ ruling and this conviction confirms we take our role as the animal health and welfare regulator for the Borough extremely seriously.

“It also shows we will not hesitate to take action where livestock keepers are found to be failing their responsibilities to protect the welfare of their animals and placing the community at risk.

“Partnership working with the RSPCA allowed the many breaches of welfare and disease prevention legislation to be dealt with in a timely and comprehensive manner.”

Full list of offences pleaded guilty to:

The Defendant on the 5th September 2018 at a location in Tithe Road, Kempston did have in his possession one carcass of livestock found at the rear of the site not slaughtered for human consumption, namely one goat carcass which he failed to ensure was held in such a way that animals and birds did not have access to it. Contrary to Regulation 4 of the Animal By-Products (Enforcement) (England) Regulations 2013.

The Defendant on the 5th September 2018 at a location in Tithe Road, Kempston did have in his possession or control animal by-products namely one goat carcasses found at the rear of the site for which he failed to comply with article 13 of Regulation (EC) No 1069/2009 in that he failed dispose of the said category 2 material. Contrary to Regulation 17(1) Animal By-Products (Enforcement) (England) Regulations 2013.

The Defendant on the 5th and 6th September 2018 at a location in Tithe Road, Kempston did have in his possession livestock of five chicken carcasses not slaughtered for human consumption, which he failed to ensure were held in such a way that animals and birds did not have access to them. Contrary to Regulation 4 of the Animal By-Products (Enforcement) (England) Regulations 2013.

The Defendant on the 5th, 6th September 2018 at a location in Tithe Road, Kempston did have in your possession or control animal by-products namely five chicken carcasses for which he failed to comply with article 13 of Regulation (EC) No 1069/2009 in that he failed to dispose of the said category 2 material. Contrary to Regulation 17(1) Animal By-Products (Enforcement) (England) Regulations 2013.

That between the 21 August 2018 and 4 September 2018 at a location in Tithe Road, Kempston, you did cause unnecessary suffering to protected animals, namely 12 goats, by failing to do an act namely the provision of proper and necessary hoof care and maintenance and that you knew or ought reasonably to have known that that failure would have the effect of causing unnecessary suffering or be likely to do so. Contrary to section 4 subsection 1 of the Animal Welfare Act 2006.

That between the 28 August 2018 and 4 September 2018 at a location in Tithe Road, Kempston, you did cause unnecessary suffering to protected animals, namely 31 chickens (to include hens, cockerels and poults) and 2 turkeys by failing to do an act namely the provision of proper and necessary veterinary care and attention for their respiratory distress and that you knew or ought reasonably to have known that that failure would have the effect of causing unnecessary suffering or be likely to do so. Contrary to section 4 subsection 1 of the Animal Welfare Act 2006.

That between the 28 August 2018 and 4 September 2018 at a location in Tithe Road, Kempston, you did cause unnecessary suffering to protected animals, namely 13 chickens (to include hens, cockerels and poults) by failing to do an act namely the provision of proper and necessary veterinary care and attention for their sour crop and that you knew or ought reasonably to have known that that failure would have the effect of causing unnecessary suffering or be likely to do so. Contrary to section 4 subsection 1 of the Animal Welfare Act 2006.

That between the 14 August 2018 and 4 September 2018 at a location in Tithe Road, Kempston, you did cause unnecessary suffering to a protected animal, namely a chicken by failing to do an act namely the provision of proper and necessary veterinary care and attention for its eye infection and that you knew or ought reasonably to have known that that failure would have the effect of causing unnecessary suffering or be likely to do so. Contrary to section 4 subsection 1 of the Animal Welfare Act 2006.

That on and before the 4 September 2018 at a location in Tithe Road, Kempston, you did fail to take such steps as were reasonable in all the circumstances to ensure the needs of an animals for which you were responsible, namely 5 equines, 3 alpacas, 56 goats, 32 geese and 8 ducks, were met to the extent required by good practice in that you failed to meet their need for a suitable environment. Contrary to section 9 subsection 1 of the Animal Welfare Act 2006.

That on and before the 4 September 2018 at a location in Tithe Road, Kempston, you did fail to take such steps as were reasonable in all the circumstances to ensure the needs of an animals for which you were responsible, namely 5 equines 3 alpacas, 50 goats, 195 chickens (to include hens, cockerels and poults, 32 geese, 8 ducks, 2 turkeys and 3 peafowl were met to the extent required by good practice in that you failed to meet their need to be maintained in a suitable body condition. Contrary to section 9 subsection 1 of the Animal Welfare Act 2006.

That on and before the 4 September 2018 at a location in Tithe Road, Kempston, you did fail to take such steps as were reasonable in all the circumstances to ensure the needs of an animals for which you were responsible, namely 5 equines, 3 alpacas 44 goats, 5 sheep, were met to the extent required by good practice in that you failed to meet their need for adequate hoof care and maintenance. Contrary to section 9 subsection 1 of the Animal Welfare Act 2006.

That on and before the 31 January 2019 at a location in Tithe Road, Kempston, you did fail to take such steps as were reasonable in all the circumstances to ensure the needs of animals for which you were responsible, namely 368 pigeons, 38 chickens and 3 quail were met to the extent required by good practice in that you failed to meet their need for a suitable environment. Contrary to section 9 subsection 1 of the Animal Welfare Act 2006.