Millionaire farmers who made a six-figure sum by committing crimes against the dogs they were breeding have avoided jail.
Stephen and Hazel Hamilton were ordered to carry out unpaid work for neglecting four dogs while making £100,000.
The sentences were imposed 25 months after they were convicted.
Kilmarnock Sheriff Court heard previously that Stephen Hamilton has savings and assets totalling more than £1.7m.
They were also banned from owning or keeping any animals other than their family dog for a period of five years, and were admonished for running the puppy farm without having a breeder’s licence.
The couple will also be supervised by social workers for 12 months and have to complete 200 unpaid hours of work in the same period of time.
COPFSThey had both pleaded guilty to three charges – one of causing a protected animal unnecessary suffering, one of failing to meet the needs of an animal, and one of running a puppy farm without a licence.
The court heard 33 animals were seized following a November 2020 raid by the SSPCA and Police Scotland, and that four adult dogs were found to have been neglected.
German Shepherds and Lhasa Apsos were the dogs used to breed the puppies.
During their illegal breeding operation, the Hamiltons kept the adult dogs in cramped conditions and failed to get them urgent veterinary treatment.
SSPCAThe animals were housed in industrial kennels in different buildings, with dogs left suffering broken nails, dermatitis, chronic dental disease, and painful ear problems.
The dogs were denied adequate exercise and socialisation, and the Hamiltons failed to protect them from suffering.
The court heard they were terrified and cowered when approached, and had matted fur and overgrown nails.
‘Terrified dogs and enclosures covered in faeces’
The SSPCA described the scene discovered by their inspectors as “showing signs of a regime consistent with puppy farming”, with large electronic gates and CCTV cameras.
A secondary property was also searched, with evidence found that puppies were being sold from a ‘show living room’.
Within the kennel blocks, plastic dog beds and fouled carpet were provided instead of adequate bedding.
A Scottish SPCA Special Investigation Unit Inspector said: “A number of the dogs appeared to be terrified and cowered in a corner when approached, which was a strong indication that the dogs had received little interaction or socialisation.
“The enclosures were covered in faeces, and several of the animals were found to be suffering from untreated medical issues as well as parasites.
SSPCA“A search uncovered syringes, microchips and two unauthorised parasite medications meant only for cattle, sheep and pigs. Investigators also found needles, which were later revealed to have the DNA of multiple dogs on them.
“The large number of animals and the deplorable conditions they were in meant there was a real potential for the spread of disease. All animals were therefore removed immediately and taken into the care of the Scottish SPCA as there was an immediate concern for their welfare.”
As part of the case, multiple people came forward to report that they had bought puppies from the Hamiltons at different properties.
Through investigation, it was established that some of the microchips implanted in the pups had been purchased by Furnish Kennels.
The animal welfare charity said it was “disappointed” that a custodial sentence was not imposed.
Puppy farm application
The couple applied for an East Ayrshire Council breeding licence in 2016, after moving to Scotland from Ireland more than 20 years ago.
But the bid to establish legal industrial kennels at Newmilns’ New Intax farm was rejected following a public outcry.
Among the objectors were Police Scotland, the Scottish SSPCA, and the Scottish Government’s Veterinary Advisor on Animal Welfare.
SSPCAA petition containing 20,000 names of people opposing the bid was also submitted.
The Hamiltons forged on with plans and were found running a major breeding programme.
The court heard previously that Stephen Hamilton has savings and assets totalling more than £1.7m.
The details emerged at a Proceeds of Crime hearing last month, which followed the Hamiltons admitting their guilt over their criminal enterprise.
Stephen agreed he had made £60,000 from the bogus business, while Hazel admitted the “benefit” from her “general criminal conduct” amounted to £40,000.
The “available amount” – from her savings and assets – was said to be “significantly higher than this” and included more than £26,000, which had been held in an overseas account.
As she spared them prison, Sheriff Patrick said: “You have both pleaded guilty to causing unnecessary suffering and failing to take reasonable steps to maintain the health of animals in your care.
“I’m satisfied I can deal with you other than by way of a custodial sentence.”
Mark Moir KC, defending Stephen, said the case had cost them £500,000 to date, including nearly £300,000 they had to pay the SSPCA in kennelling fees for the seized animals.
Anne Marie Hicks, procurator fiscal for North Strathclyde, said: “Stephen and Hazel Hamilton demonstrated an appalling disregard for the well-being of animals in their care.
“Some of these dogs endured terrible cruelty and the conditions they were being kept in were shocking.
“This was a case of indiscriminate neglect where animals were subjected to suffering and pain.”
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