NEWS & STAR (Carlisle, UK) 23 October 10 Carlisle man sold rare endangered tortoises without licence
A Carlisle dad who illegally sold 11 endangered tortoises without a licence has been given a suspended 24-week jail sentence.
Robert Struthers, 35, also tried to cover up his crime by supplying an invalid licence in the hope of fooling a customer who had complained that there was no proper paperwork for two tortoises she bought.
At the city’s crown court yesterday, Struthers admitted five charges of selling tortoises without exemption certificates and one of fraud by supplying a bogus certificate.
Jonathan Dickinson, prosecuting, described how Struthers ran his business, Carlisle Tortoises, from Atlas Works in Denton Holme, selling four species of tortoise. Some breeds – the most endangered – can only be sold legally if they have an official exemption certificate from the Animal Welfare Agency.
Mr Dickinson outlined occasions when the defendant sold tortoises to some customers without providing the necessary certificates. In one case in July, Struthers told a customer he was still waiting for the Government agency involved to send the certificates to him. In September, after a woman customer not given certificates threatened to report the matter to the authorities, he sent out an invalid one.
“Inquiries revealed that the certificate had been issued for a separate concern in Essex and was not valid for Carlisle tortoises,” Mr Dickinson said.
On September 24, police and investigators from the Animal Health Agency raided Struthers’ home and his business premises.
Alison Whalley, for Struthers, of Nelson Street, Denton Holme, said the defendant, a father-of-three with no previous convictions, originally kept captive-bred tortoises as a hobby and then set up his business in 2006.
She said: “There was no difficulty with the welfare of the tortoises. He was perfectly entitled to have them in his possession. In relation to the fraud offence, he panicked.”
She said Struthers now had different processes in place to ensure there was no repeat of the offences.
Judge Peter Hughes QC noted that the tortoises were properly looked after and sold to responsible people, but selling tortoises without the necessary documentation could encourage the illegal trade in wild tortoises.
He added: “Nobody is suggesting that you were trading in wild tortoises.
“Had that been part of the case then a substantial prison sentence would have been essential. But the fact is these tortoises were properly bred in captivity and were properly cared for.”
As well as the jail term, suspended for two years, the judge imposed 250 hours unpaid work and told Struthers to pay prosecution costs of £1,200.
Carlisle man sold rare endangered tortoises without licence

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