A NANTWICH farming couple have been banned indefinitely from keeping horses after the RSPCA successfully prosecuted them for animal cruelty with the help of a Guardian reader.
Janet Ibbotson read about Marshall and Susan Foster's first conviction for animal cruelty in an exclusive Guardian report in April 2005, when the couple were first banned from keeping horses.
Just two weeks later, she visited the Fosters' Plantations farm looking to take a horse off their hands and was horrified at the conditions in which they were kept.
Crewe Magistrates Court heard yesterday that Mrs Ibbotson saw one horse, a pony called Lucky, and insisted on buying him and two other equines.
Mr and Mrs Foster, both aged 59, of Whitchurch Road in Sound, were convicted last month of causing unnecessary suffering to the animal.
The couple escaped jail yesterday but were handed a four month suspended prison sentence, a ban from keeping horses and an order to pay £1,000 costs.
The Fosters will still be allowed to keep other animals, including 40 beef cattle, two sheep, a goat and five Jack Russell terriers.
They have been given 21 days to clear their farm of around 15 horses.
RSPCA prosecutor Andrew Meachin said: "Mrs Ibbotson visited the defendants' home address looking to buy a Shetland pony.
"She looked around and was horrified to see the living conditions in which the horses were kept.
"She said many ponies were covered in muck and standing in their own excrement.
"The pony looked terrified, his coat was hanging off him and he was covered in muck and excrement.
"Mrs Foster seemed reluctant to let her see him. Mrs Ibbotson insisted on buying him."
Lucky was taken to Malpas vet William Tute, who said the 10-year-old pony was 'clearly petrified' and in an 'inexcusable condition'.
Mr and Mrs Foster were first convicted of two counts of animal cruelty in April 2005 and were handed a lifelong ban from keeping equines.
That ban was overturned on appeal, but the RSPCA is currently contesting that decision.
In March this year, Mrs Foster received a fine and two-year conditional discharge after admitting causing unnecessary suffering to a mare in her care.
Defending, Anthony Birchall said: "This was a rescue pony that cost £30. It had been living on the Welsh mountains and it started off in a very timid and emaciated condition."
Deputy District Judge Derek French told the Fosters they would face a supervision order under the probation service to help them mend their ways.
He added: "You were disqualified in April and this woman had read in the newspapers that you were supposed to dispose of the animals.
"The state of the animals was deplorable. If you commit another offence the prison terms will become active."
After the case, RSPCA officer Amanda Lovett told the Guardian: "We're pleased with the outcome. The horse was in an appalling condition and had never known any form of kindness.
"The message is clear - the courts don't tolerate repeated cruelty."
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