Ms Tamlyn Sylvester, a witness in the case, heard the dog’s cries. When Tamlyn looked through her bathroom window, she witnessed how her neighbour was kicking and stomping a Yorkshire Terrier in his small backyard garden. She immediately called the Cape of Good Hope SPCA. The Yorkie unfortunately succumbed to injury and was dead on arrival. Inspector Graham reported “As I entered there was a body wrapped in a Chelsea blue blanket next to the bed. A neighbour confirmed putting the blanket over the dog when she found him. I opened the blanket and took photos of the dog identified as an unneutered adult Yorkshire terrier named Stamford”.
Inspector Elani Graham opened a case of animal cruelty and after two and a half years succeeded with a successful conviction. In 2019, Inspector Elani Graham and the other witnesses testified at the Cape Town Magistrate Court. “The witnesses testimony was really heart-warming and strong in court” said Inspector Graham
Mr Ozayr Schüller was found guilty on two charges of animal cruelty in terms of the Animals Protection Act 71 of 1962, Section 2(1)(a) and 2(1)(e), each with a sentence of R6000 fine or 6 months imprisonment suspended for 5 years. He also now has a criminal record. His total sentence is R12,000 fine or 12 months imprisonment suspended for 5 years.
On the day of this incident, Mr Schuller fled the scene but gave the keys to his neighbours. The deceased Yorkie belonged to this ex-girlfriend. Mr Schuller pleaded not guilty and stated the reason for him kicking the Yorkie was because the dog messed inside the flat while his girlfriend was at work.
The recent conviction sends a strong message to those ill-tempered – Animal Cruelty will not be tolerated. Confidential Animal Cruelty reports are can be directed by email to inspmanager@spca-ct.co.za or call 0217004158/9 during office hours. Cruelty reports afterhours can be made on 0833261604. Alternatively, report cruelty via our website form at https://capespca.co.za/report-cruelty/
