The SPCA claimed that Mr van Dongen was given 24 hours notice to have his vet attended to the horses. Mr van Dongen said that no notice was given and Mr van Dongen was believed.

John van Dongen told AAS that in fact, when the SPCA came to seize his horses he phoned his vet who told the SPCA that the horses were fine and were under his care.

The SPCA seized them anyway. When Mr van Dongen asked SPCA Helen York why he wasn't given 24 hours Notice, as the horses were been trucked away, York told him he had been. Mr van Dongen denied it and the judge believed him.

Mr van Dongen was awarded costs.

It remains to be seen if Crown will now drop the criminal charges.