A 44-year-old man was found guilty in Fremantle Magistrates Court on Monday 2/8/10 of stabbing a cat to death and banned for life from owning a domestic animal.

Ian Christopher Payne, of Spearwood, was found guilty of one count of animal cruelty and sentenced under Section 19 (1) of the Animal Welfare Act. He was fined $5000 and ordered to pay $1500 in costs to the RSPCA.

Payne was investigated by both Police and the RSPCA in June 2009 after complaints from concerned members of the public who saw Payne with the body of a cat, known as Fat Cat, in a plastic bag.

When questioned by the RSPCA and Police, Payne admitted that he held down and stabbed the cat because it was fighting with another cat in his unit.

In his sentencing remarks, Magistrate Lawrence described Mr Payne’s actions as ‘a frenzied attack against a small defenceless animal’ and said he ‘viewed Payne’s offending as being at the upper level of seriousness.’ Magistrate Lawrence said Payne should never be in charge of any animal and that the cat would have suffered significantly.

After the initial investigation by RSPCA and Police, the cat was taken to Murdoch University where a post mortem examination was conducted with the results showing the cat had died from six penetrating wounds, four of which penetrated the thorax causing pneumothorax and respiratory failure. The depth of the knife wounds was 9 to 12cms in depth.

“The handing down of a life ban from ever owning a domestic animal and the subsequent fine sends a clear message that mistreating an animal will not be tolerated in our society,” RSPCA Spokesman Tim Mayne said.

Mr Mullins, on top of the court-imposed fine of $20,000, was also ordered to pay more than $35,000 in costs.

On 8 September, 2009 an RSPCA Inspector attended Mr Mullins’ property in relation to information received and found many of Mr Mullins’ 130 cattle in poor condition. On 16 September 2009 the RSPCA attended the property again. Examinations were conducted on 26 of the cattle with a calf having to be put down for humane reasons.

The charge relates to a period of 3 weeks between 25 August 2009 and 16 September 2009 when the accused was cruel to the Animals in breach of section 19(1) of the Animal Welfare Act 2002. The accused, contrary to section 19(3)(d) of the Act, did not provide some of the animals with proper and sufficient food. 

Spokesman for the RSPCA, Tim Mayne said "In terms of animal welfare, a lifetime banning order is a great result. The RSPCA has been investigating this case for many years after concerns were raised by local farmers and the community."

Inspectors also discovered a burial pit on the property containing no less than 12 carcases.

Veterinarians who attended Mr Mullins’ property with the RSPCA reported that the deaths, diarrhoea and poor body condition of the cattle in this herd was as a result of starvation. Both vets added that they believed that the cattle had not been provided with proper and sufficient food for at least three weeks prior to their visit.

Mr Mullins’ has been found guilty on four separate occasions of animal cruelty offences, with these offences dating back to 1994. The RSPCA has tried on several occasions to gain Mr Mullins’ cooperation in improving the situation of his livestock without success.

The solicitor prosecuting on behalf of the RSPCA is David Markovich from Jarman McKenna.