NEW POST LEADER (Blyth, UK) 15 July 08 Man banned from keeping animals found with nine tortoises (Tegan Chapman)

A former pet shop owner banned from keeping animals for 20 years was found in breach of his disqualification when police found nine tortoises in his care, including an endangered species.

Keith McDonald, a joiner who runs an online store making and supplying tortoise tables, was previously subject to two expired animal bans, but still under the 20-year disqualification when he committed the offences.

The 52-year-old, of Hillside Avenue, Lemmington, Newcastle, had tortoises at two addresses in Glasgow and one in West Lothian between May 30 and June 8 last year, including a Hermann tortoise, which is an endangered species.

He was banned from keeping animals for 20 years for neglect and cruelty of parrots in 1994, having previously received a ten yearban for similar offences a year earlier.

In 2004, McDonald was again banned from keeping animals for six months.

The accused claimed he believed his disqualifications only related to birds.

Procurator fiscal Viki Welton said: "He has been involved for a number of years in the pet trade, but was convicted of cruelty-related offences in January 1994 at Bedlington Magistrates Court and banned from the custody of all animals for 20 years, for neglect and cruelty in relation to parrots.

"He was previously banned in September 1993 at Slough Magistrates Court for ten years, also for parrot neglect and cruelty, although that has obviously expired."

Miss Welton said McDonald was banned from keeping animals for six months at Lanark Sheriff Court in September 2004, which again related to parrots.

She said tortoises were found at three addresses in Glasgow and West Lothian.

Miss Welton added: "Quite simply, within just over a week, he was in possession of a number of tortoises at these addresses, and police caught up with him in his hometown of Newcastle in September 2007, when he was interviewed in relation to a number of offences.

"He explained that 15 years ago he had a pet shop and had always had an interest in pets and animals, and had kept and looked after tortoises before."

McDonald said he had bought the tortoises "in dribs and drabs" from breeders, and had paid about £70 each for them.

Questioned about being banned from keeping animals, McDonald told police that was not his understanding, but that he believed the ban was from keeping birds.

The fiscal said the Hermann tortoise found at an address in Rutherglen, Glasgow, was an endangered species.

She confirmed police were alerted to animal welfare allegations at Tweedbank, Galashiels, and during those enquiries the breaches came to light.

Defence lawyer Greig McDonell said his client was a self-employed joiner.

"He set up a website which was effectively an online pet store selling pet products, rather than pets," he said.

"He manufactures tortoise tables, which is where he makes his money."

Mr McDonell conceded that while it was his client's belief the bans applied only to birds, it was his responsibility to make sure he was aware of the terms of any ban imposed. He said McDonald had been very frank with police during interview.

Referring to McDonald's record under animal health and welfare legislation, Sheriff Kevin Drummond deferred sentence until August 11 for reports.

"Even making allowances for what are said to be various states of confusion, it is seldom that a court will encounter a person with quite as many animal-related offences," he told McDonald.

"Over a significant period of time, these run into 15 years with bans ranging from six months to 20 years," continued Sheriff Drummond.

"It is also clear that at least one court was unaware of some of the disqualifications," he added.

"For the fourth time, you are before a court for offences under the animal welfare legislation."
Man banned from keeping animals found with nine tortoises

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