The fact that whipping does not constitute beating according to the Swedish Animal Welfare Act played a major part in the Court of Appeal’s acquittal for whipping during a horse race. A report was filed by the veterinarian at the scene who was responsible for ensuring that the horses were not harmed and for reporting any grounds for suspicion of a breach of the Swedish Animal Welfare Act.
“It is unfortunate that the wording of our animal welfare legislation does not cover incidents such as excessive whipping. The individual race rulebooks set the bar significantly lower for punishment and inappropriate conduct toward a horse,” says Cecilia Tholse Rogmark, Gulliksson Partner and Chair of the Swedish Equestrian Federation Disciplinary Committee.
Equine industry activities pose both business opportunities and challenges, and the Swedish Animal Welfare Act is the law applicable to the care and treatment of domestic animals, laboratory animals and other animals if held in captivity.
The Court of Appeal contradicted the district court in its judgment, finding that beating had taken place, but only to a minor degree.
“Horses are sensitive animals, and races are special situations with a lot on the line. Race organizers have a great responsibility to maintain sound supervision of participants by using judges, veterinarians and strict and clear rules and regulations for participants,” says Cecilia Tholse Rogmark, who welcomes stricter individual legal rulebooks in particular for the situations at issue in the judgement:
“In addition to covering situations where horses have de facto been subjected to obvious punishment or have been driven too hard, a legal rulebook should also cover situations that may be perceived as offensive by the general public.”
Read the full judgement (in Swedish).
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