HORSES lay dying on Khodi Ali's Knowsley property, hair rubbed back to bleeding bare skin, and he never did anything to stop it.
Appearing before Bendigo Magistrates Court yesterday, the 39-year-old was charged with aggravated cruelty, failing to provide sufficient food to a horse causing death; failing to provide sufficient food to a horse; failing to provide veterinary care and treatment to a foal; and failing to provide sufficient food to a foal.
RSPCA prosecutor Jason Nichols told the court that following reports, inspectors Mark Roberts and Danielle Hughes visited Ali's home on February 28.
The court heard the inspectors found paddocks bare of feed, four dead horses, and the property covered in faeces.
Several horses still alive were given ratings according to the Huntington Scale, where zero is very poor and five relates to an animal being very fat.
The court heard two mares were given ratings of one, both showing visible hips, spines and ribs, with hollows along their flanks and rumps.
One foal received a score of one, the animal showing deformed forelegs that splayed out at an angle.
Mr Nichols said Ali informed officers he had only provided two small bales of feed to the horses during the previous week as he didn't have any money.
The court heard one week later inspectors attended the property after Ali phoned and said a horse was down, unable to get up.
Mr Nichols said Inspector Roberts found a mare lying on the ground with her foal still attempting to suckle.
The mare was unable to stand and the hair on her underside had been rubbed back to bleeding bare skin.
The horse was euthanased by RSPCA officers.
The following day Inspector Roberts returned to Ali's property with a veterinarian who examined some of the remaining horses.
The court heard Dr Judith Mulholland said one horse displayed a score less than one on the scale.
"She would have been in severe pain and distress while she was on the ground.
"She would have suffered a slow and painful death from dehydration and hunger had she been left in that position."
Other horses were described as being physically unable to compete for limited feed on the property.
Mr Nichols said when asked why the horses were in such poor condition, Ali said he was unable to afford the costs associated with animal maintenance.
"I've got no money. I'm going through a bad stage in my life," Ali said.
The court heard Ali had never treated his horses for worms and a veterinarian had never been called to examine their injuries.
Defence lawyer Robert Thyssen told Magistrate William Gibb Ali was employed over the years in concreting and as a brickies' labourer, but now received Centrelink assistance as a result of a spinal injury.
Mr Thyssen told the court his client was breeding the horses to be sold as pets, and was the father of five children. Ali's wife is also pregnant.
The defence told Mr Gibb photos dated March 21 showed additional feed on the property, ready to be distributed.
"As far as these hapless animals are concerned, it's too little too late," Mr Gibb replied.
Adjourning the court to allow evidence to "wash over him", Mr Gibb said he needed time to deliver his verdict.
He told Ali the paddocks in which he kept the horses were devoid of grass.
"There was nothing to eat unless you provided it. There was nothing to drink unless you provided it."
Photographs tendered to the court enraged the magistrate.
"To look at these photographs of this foal nudging its dying mother is pathetic," he said.
Mr Gibb said while he believed the court should impose a jail term, "to lock you away would impact probably more profoundly on your family."
Ali was convicted and sentenced to six months' imprisonment, suspended for two years.
He was fined $5500 and disqualified from owning horses for four years.