NSW Government taken to court over Elephants treatment

CRUELTY CASE AGAINST CARR GOVERNMENT AND CIRCUS OVER SOLITARY ELEPHANT

Animal Liberation NSW has laid charges against the NSW Government and Stardust Circus in an unprecedented cruelty case over the keeping of circus elephant Arna on her own. (see Arna's story)

The Government is being called to explain why it is allowing Stardust Circus to keep Arna on her own despite this being prohibited under the Exhibited Animals Act.

Section 16.D.1 of the Standards for Exhibiting Circus Animals in NSW, which the Act enforces, states:

"As elephants are social herd animals, they must always be able to see and touch other elephants"

Stardust Circus will face three charges in relation to the keeping of Arna, including one related to an incident late last year when an attempt by the circus to undermine an Animal Liberation demonstration backfired and only succeeded in tormenting Arna into a rampage.

"We have been forced into taking this unprecedented action because of the State Government's continued failure to heed our calls and act in Arna's best interests as it can do under this legislation," Animal Liberation NSW president Mark Pearson said.

"Arna has been on her own since mid 1996 and yet the Government refuses to do anything claiming she is better off with human company rather than the company of her own kind."

On December 30 last year, when the circus was performing at Gosford, Stardust trucked in three other elephants and placed them next to Arna to undermine an Animal Liberation demonstration.

Within minutes, Arna, who had not been near other elephants since her companion died more than four years ago, sought affection and contact from these new companions by extending her trunk and entwining it with the others. Such activity continued for more than an hour before the three new elephants were reloaded and driven away.

Arna continually cried out, trumpeting calls to her companions but could hear no reply, she ran frantically around her enclosure, rocking pathetically while uttering low desperate growls. She repeated this distressing behaviour over and over again. All attempts by the circus staff to calm her rampage were to no avail.

"Stardust authorised a premeditated act of unconscionable cruelty on December 30, 2000. It was a despicable act to torment, abuse, infuriate and distress an animal like this," Pearson said.

"For four years the NSW Government has flouted the very law put in place in the interests of better animal welfare.

"We have no option but to seek the court to order the government to enforce its own legislation."

The Government and Stardust Circus have to answer to the charges on May 1 at The Downing Centre in Sydney.

courtesy Animal Liberation NSW

23rd March 2001

As was reported on A Current Affair last night Animal Liberation NSW has taken the NSW Government and Stardust Circus to court over the keeping of a solitary elephant known as Arna.

Arna has been on her own since mid-1996 when her companion Bambi died. However NSW law states that elephants cannot be kept on their own.

Our previous calls on the Government to enforce the law have fallen on deaf ears and we have been forced to resort to taking this unprecedented legal action.

Court cases are costly and Animal Liberation would welcome donations towards the Arna appeal to help meet the cost of this case.

Cheques or money orders can be sent to Animal Liberation at Locked Bag 18/202 NEWTOWN 2042 or credit card donations can be made via the Animal Liberation website ( www.animal-lib.org.au ) by clicking on the menu item "make a donation".

Thanks to all for their messages of support.

courtesy Animal Liberation NSW