A council acted “fundamentally unfairly” when they seized a horse which lived in a residential house in Lewis for two years, a court heard yesterday.
Western Isles Council 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 removed the adult Connemara pony in 2014 after commissioning a local vet who certified its conditions were unsuitable.
The council now wants to obtain legal ownership and sell the horse.
At Stornoway Sheriff Court, vet Hector Low was quizzed by advocate Stewart Buchanan over his assessment.
Mr Low 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. He said that was an attempt to get better accommodation for the animal.
The council would also know “what you would certify,” he put to Mr Low.
“Yes, I would think so,” replied the vet.
Mr Buchanan said 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 a 400kg pony gave off a lot of moisture from its waste which could be detrimental to the wooden floor. It was also “considerably heavier” than people which, if “it jumped about” could cause the living room floor to collapse.
“If we ended up with a horse in the foundations I have no idea how to get the animal out… short of demolishing the house,” he said.
“If spooked” it could jump through the front window, he added.
The case was adjourned to a later date.
ends
