A 31-year-old Forest dog breeder has admitted causing unnecessary suffering to a Cocker Spaniel by forcing to have three litters within a short time period
Edward Rafferty, of Chaxhill Villas, Walmore Hill, also admitted fraud by misrepresentation when he sold the puppies without a licence.
Judge Rupert Lowe, sitting at Gloucester Crown Court, said it was not “fraud in the traditional sense as nobody has been ripped off.”A 31-year-old Forest of Dean man has admitted causing unnecessary suffering to a dog by forcing it to have three litters within a short time period and fraud by misrepresentation when he sold the puppies without a licence.
Prosecutor Greg Gordon explained to Gloucester Crown Court that Edward Rafferty of Chaxhill Villas, Walmore Hill that the adverts placed by him, through various outlets that included Pets4Homes, Gumtree, Freeads and Facebook, totalled £291,000 if the puppies had been sold at the original asking price.
“And because of the alleged amounts involved, it is likely that Rafferty will be subject to a proceeds of crime hearing in due course.”
Mr Gordon said that while he was being investigated for the animal welfare issues, his home was searched and an amount totalling £468,000 in cash was allegedly found in the property. Mr Gordon said that Rafferty is still under investigation for this.
Sarah Day, defending, said that a forensic examination of the notes was being carried out and the cash belonged to others in the family home.
"The cash found in the property belonged to other members of the family and not Rafferty himself," said Ms Day.
“The monies received by my client were bank transfers and these transactions would therefore be traceable.”
Judge Rupert Lowe said the case was unusual in that only one buyer had made a complaint.
He added: “While the sums in this case amount to well over a quarter of a million pounds, in reality this is an animal welfare case, as nobody has really lost out financially.
“Those who purchased the puppies are not victims of fraud in the traditional sense as nobody has been ripped off.”
Mr Gordon clarified that this was mainly an advert-based fraud prosecution. The issue was not with the puppies themselves, but the welfare issues with the breading dogs.
The court was told that Rafferty was the breeder and seller of multiple litters of puppies of Cocker Spaniel, Cockerpoo, German Shepherd and Dachshund-type breeds and falsely represented to prospective purchasers that the puppies were bred from a family pet in a loving, home environment with all well-being and veterinary checks and inoculations undertaken for each puppy.
Ms Day added: “As this is a slightly unusual case, and according to the guidelines, I feel it would be possible to suspend any sentence. He is of previous good character.”
Judge Lowe told Rafferty that he was ordering a pre-sentence report on him and that all matters would be considered in the round when he is sentenced at the court on September 27.
Rafferty pleaded guilty that between May 29, 2021 and October 18, 2021 caused unnecessary suffering to a protected animal, namely one female Cocker Spaniel type dog called ‘Coco’, to suffer unnecessarily by forcing her to produce three litters within a short time period and between August 11, 2019 and November 25, 2022 committed fraud in that he dishonestly made false representations intending to make a personal gain.
Rafferty also pleaded guilty to two harges of failing to meet the needs of an animal between June 8 and 19, 2022; between May 29, 2023 and June 17, 2023 by not taking reasonable steps to ensure that the needs of the dogs by having a suitable, clean environment with access to fresh drinking water, clean bedding, access to a separate toileting area, a suitable diet and protection from pain, suffering, injury and disease.
Rafferty also admitted that being a trader, he had sold dogs without a valid licence between May 28, 2021 and November 25, 2022 and that he provided accommodation for other people’s dogs as part of his business without a licence, between June 8 and 19, 2022.
The puppies would have brought Rafferty £291,000 if they had been sold at the asking price in adverts placed on social media and a national pet store chain, said prosecutor Greg Gordon.
He added: “Because of the alleged amounts involved, it is likely that Rafferty will be subject to a proceeds of crime hearing in due course.”
Mr Gordon said that while he was being investigated for the animal welfare issues, his home was searched and an amount totalling £468,000 in cash was allegedly found in the property. Mr Gordon said that Rafferty is still under investigation for this.
Sarah Day, defending, said that a forensic examination of the notes was being carried out and that the cash belonged to others.
“The cash found in the property belonged to other members of the family and not Rafferty himself.
“The monies received by my client were bank transfers and these transactions would therefore be traceable.”
Judge Rupert Lowe said the case was unusual in that only one of the buyers had made a complaint
He added: “While the sums in this case amount to well over a quarter of a million pounds, in reality this is an animal welfare case, as nobody has really lost out financially.
Those who purchased the puppies are not victims of fraud in the traditional sense as nobody has been ripped off.”
Mr Gordon clarified that this was mainly an advert-based fraud prosecution. The issue was not with the puppies themselves, but the welfare issues with the breading dogs.
Rafferty bred Cocker Spaniels, Cockerpoo, German Shepherd and Dachshund-type breeds, falsely claiming they came from a family pet in a loving, home environment with all wellbeing and veterinary checks and inoculations undertaken for each puppy.
Ms Day added: “As this is a slightly unusual case, and according to the guidelines, I feel it would be possible to suspend any sentence. He is of previous good character.”
Judge Lowe told Rafferty that he was ordering a pre-sentence report on him and that all matters would be considered in the round when he is sentenced at the court on September 27.
• Rafferty pleaded guilty that between May 29, 2021 and October 18, 2021 caused unnecessary suffering to a protected animal, namely one female Cocker Spaniel type dog called ‘Coco’, to suffer unnecessarily by forcing her to produce three litters within a short time period and between August 11, 2019 and November 25, 2022 committed fraud in that he dishonestly made false representations intending to make a personal gain.
Rafferty also pleaded guilty to two harges of failing to meet the needs of an animal between June 8 and 19, 2022; between May 29, 2023 and June 17, 2023 by not taking reasonable steps to ensure that the needs of the dogs by having a suitable, clean environment with access to fresh drinking water, clean bedding, access to a separate toileting area, a suitable diet and protection from pain, suffering, injury and disease.
Rafferty also admitted that being a trader, he had sold dogs without a valid licence between May 28, 2021 and November 25, 2022 and that he provided accommodation for other people’s dogs as part of his business without a licence, between June 8 and 19, 2022.
The prosecution was brought by officers in the Forest Council’s Street Wardens and licensing department, assisted by the authority’s Counter Fraud and Enforcement Unit (CFEU) and legal team.
An investigation was started by the CFEU after the council received an allegation that dogs were being bred without a licence.
A warrant was executed at the address by council officers, the Local Policing Team and the Rural Crime Team of Glouncestershire Police in May last year where a commercial dog breeding enterprise was discovered, along with kennels at the rear of the property.