Pony deaths row twist
IT TOOK a threat of legal action for a State Government department to release documents relating to the deaths of 16 polo ponies to Tasmania’s Ombudsman, a report shows.
Ombudsman Richard Connock yesterday said he believed the release of the Department of Primary Industries, Parks, Water and Environment’s report into the tragic incident could prejudice upcoming legal action.
He ruled only eight pages of its 116 pages could be released under Right to Information legislation. But Mr Connock also criticised the department for the time it took to obtain what he needed to review.
He said he was finally provided with the requested information 11 weeks after his original request. The ponies, which had competed in a polo tournament at Barnbougle, were found dead on their arrival in Victoria after a voyage on the Spirit of Tasmania ferry in February last year. Mr Connock said that after many weeks of “ignoring” requests to provide information he issued a final direction to the department to produce it.
“I advised the department that failure to comply with a third direction would, in my view, constitute an offence, and be referred to the Office of the Director of Public Prosecutions,” he said.
In his review, Mr Connock decided the information was relevant to a current investiga- tion into whether the ponies’ deaths had been related to a breach of the animal welfare laws, and he needed to consider, in determining if it should be exempt, if its release would prejudice the investigation. He said any information about the suffering of animals “generated strong emotions in the public” and could prejudice the investigation, the possible enforcement of the law or the fair trial of a person.
The review was sparked by the department’s decision to refuse to release any information about the deaths, after a Right to Information request from News Corp journalist Mandy Squires.
Other journalists also asked for the release of documents, which contained information from the department, the Spirit of Tasmania, the owner of the animals and the RSPCA.
Premier Will Hodgman said he would look into allegations raised in an RTI document that the department coached the RSPCA on how to answer media questions when news broke about the ponies’ deaths.
Mr Hodgman said the RSPCA had an important function to perform and should be able to do so freely and indepednently. “I will look into the allegations,” he said.
Mr Hodgman also confirmed the department had been told to review how it approached requests for RTI requests in response to the Ombudsman’s remarks, and the review would consider if there was a systemic problem.