Horse-in-a-house row in court

The Comhairle knew in advance that a vet it commissioned to assess a horse which lived in a residential house on Lewis would certify its conditions were unsuitable, a court has heard.

The vet's assessment that it was likely to suffer if its circumstances did not change led to the council seizing the animal.

Stornoway Sheriff Court heard claims the animal - called Grey Lady Too - could suffer by its allegedly cramped make-shift stables in Stephanie Ann Noble’s front room at Broadbay View, Back, Lewis.

The authority took away the adult Connemara pony in 2014 after commissioning a local vet who recommended its removal. The animal is now at the Uist Riding School in Benbecula.

The council launched legal action to obtain legal ownership and sell the horse but its move is being challenged by Stephanie Ann Noble.

Giving evidence, vet Hector Low was quizzed by advocate Stewart Buchanan over his assessment.

Mr Low - who had also been hired by animal charity, SSPCA, which also had concerns for the pony - agreed the council would have been aware in advance of his “dis-satisfaction” with the animal’s circumstances.

Mr Buchanan queried: “How could you provide impartial or independent advice when you had acted for the SSPCA?”

Mr Low said both bodies had the same aim in the welfare interests of the animal.

He added: “I don’t see it as a conflict of interest.”

Mr Buchanan stated: “By the time you were instructed (by the council) there was no doubt Ms Noble would know what your certification would say as you already expressed a view on the matter.”

“Yes,” replied Mr Low.

The council would also know “what you would certify,“ he put to Mr Low.

“Yes, I would think so,“ replied the vet.

Mr Buchanan insisted the certification process was “illusory” because the local authority knew the outcome in advance.

The vet stressed his opinions were based on what he saw at the time on each visit to the house.

He said the horse was not physically suffering at the time but was "not displaying normal equine behaviour. There was a present and future risk to the animal he said.

The advocate said Ms Noble was "positively engaged" in the welfare of her pony, and was acting her best under the circumstances after being left without grazings and accommodation for the animal.

The vet also said the electrical sockets were blocked with child-proof plugs but were not isolated when he visited. This was a concern as the pony is "not going to be fussy about what direction it is pointing when it empties its bladder."

Fluids on electrics were dangerous, he told advocate Mark Mohammed who is representing the council.

The vet also said a 400kg pony gives off a lot of moisture from its waste and urine which could be detrimental to the wooden floor. It was also “considerably heavier” than humans and, if “it jumped about” could cause a living room floor to collapse.

“If we end up with a horse in the foundations of the house I have no idea how to get the animal out… short of demolishing the house,” he said.

“If spooked” the pony could jump through the front window, he added.

Sheriff David Sutherland adjourned the case to a later date.

Horse-in-a-house controversy in court

20 May 2016