POLICE were on standby at Mount Gambier Central on Saturday afternoon as a social media campaign targeting the Ha Ha Yummy eatery threatened to escalate.
The risk of vandalism followed Friday’s hearing at the Mount Gambier Magistrates Court where business owner Yum Ho Chan, 48, was found guilty of ill-treatment of an animal.
The court heard Chan tied his 11-month-old German Shepherd’s mouth shut with a cable tie on March 9 this year, with the dog rescued by a neighbour around five hours into its ordeal.
The case triggered a significant outcry on social media, including the creation of an event titled Mission Smash Ha Ha Yummy.
Police attended the shopping precinct on Saturday as a result of the page, however no action was taken and the shop remained closed.
Speaking in court on Friday, Magistrate Jack Fahey said Chan had caused unnecessary harm to the dog, known as Chloe, which was rescued after a neighbour heard an animal in distress.
“The neighbour looked over the fence and said the dog appeared to be panting and was distressed,” Magistrate Fahey said.
“The neighbour went into your backyard and rescued the dog which appeared to be dehydrated but no other visible injuries could be seen.”
Magistrate Fahey said the animal was then released to RSPCA for care.
“The dog has been re-homed and is now in good health,” Magistrate Fahey said.
“This is a significant and serious offence.
“Although it is far from the worst animal cruelty incident I have observed, the dog should never have been restrained.
“The was no doubt it would have been sweet relief when the cable tie was removed.”
Magistrate Fahey revealed Chan was surprised with how big Chloe had grown, thought she was boisterous and had previously caused destruction to his backyard.
“On the day of the offending she was chewing on a gas pipe,” he said.
“Your intention was to cable-tie her to then prevent further damage.
“You got distracted and forgot to remove it.”
Magistrate Fahey said Chan was a hard-working Mount Gambier resident who had lived in the area only a short time.
“You are trying hard to make a new life in your adopted country,” Magistrate Fahey said.
“It was not your intention to hurt the animal.”
Chan was sentenced with a $200, 15-month good behavior bond and was ordered to pay $1314.10 in veterinary costs and $286 in legal fees.
He was also banned from obtaining any animal for two years.
The forfeiture of a shock collar and cable ties was also ordered.
Speaking following the court decision, RSPCA South Australia chief inspector Andrea Lewis said the case highlighted the need for people to learn about dogs and their care needs before acquiring one.
“This young dog was just doing what young dogs do – they want to chew things, to play and to have company,” Ms Lewis said.
“Tying your dog’s muzzle shut as a solution to stop unwanted behaviour is a shocking indication of how little this person understands dogs and their needs and begs the question of why he bought such a large, active young dog in the first place.
“You cannot just stick a dog in the backyard, throw it some food every day and think that dog will have a happy life or behave in ways you want it to behave.
“We urge people to look into the time and rewards-based training dogs need when deciding whether owning one is a good idea, given their lifestyle.”
