Brothers found guilty over 'grossly' obese dog

Two brothers who allowed their pet labrador to become "hugely and grossly" overweight were today found guilty of causing unnecessary suffering to an animal.

Derek Benton, 62, and his 53-year-old brother, David, received a three-year conditional discharge after magistrates in Ely, Cambridgeshire, ruled that they had given the dog, called Rusty, an inappropriate diet.

Speaking after the verdict, the RSPCA inspector Jason Finch said the chocolate labrador could only walk five or six steps before "collapsing" when the pet was taken away from the brothers.

The owners had been told to take their dog to a vet for treatment but did nothing, Mr Finch said. "The dog was not being treated, so we felt the only option was to take it away and get it treated by our own vets," he told Sky News.

The RSPCA said the Bentons fed Rusty improperly, causing his weight rising from eight to more than 11 and a half stone in two years.

The court heard the RSPCA had taken the dog from the brothers in March last year, and he had since lost three and a half stone.

Today's ruling said that Rusty would be returned to the brothers, but would have to be properly cared for and kept on medication.

The brothers' lawyer, Ann-Marie Gregory, told the court that Rusty was so fat because he had arthritis and could not exercise easily, and said convicting them would set a worrying precedent.

"This is a test case. It has never been done before. It is a fat dog. It is accepted he is still a fat dog," she said.

Ms Gregory told the court she had received phone calls from "people up and down the country worried to death because their cat is a couple of pounds overweight or their rabbit is a couple of pounds overweight".

"I have to say, one wonders where this case will stop," she said. "Are we going down the route to fat children? Are we going to have parents prosecuted in court because their child is overweight?"

It would have been unrealistic to expect the Bentons to put Rusty through the same regime the RSPCA had, Ms Gregory argued.

"It has cost in the region of over £3,000 to get Rusty to the point he is today," she said. "How many people have £3,000 in their pocket to spend on their pet dog?"

She said Rusty, aged 10 or 11, was a "happy dog" who would be better off at home with his owners, adding: "Weight alone is never an indication of happiness."

http://www.guardian.co.uk/animalrights/story/0,,1989216,00.html