Mangakino farmer animal cruelty trial: Rotorua jury hears closing arguments

Mangakino farmer Warren Koberstein is on trial in the Rotorua District Court. Photo / Andrew Warner

A farmer defending allegations he left animals “emaciated and at the point of death” disputed almost every expert’s evidence and “threw out” his own numbers in an attempt to confuse a jury, a Crown prosecutor has said in closing statements.

Warren Koberstein from Mangakino is on trial in the Rotorua District Court after pleading not guilty to 21 charges relating to animal cruelty.

It is his defence he was working seven days a week farming through drought conditions and he did the best he could.

The Crown said it was a case caused by chronic underfeeding and overstocking farming practices by a farmer with previous convictions relating to animal cruelty and who had been warned “time and time again” about his responsibilities.

Koberstein has been on trial for two weeks and three days before Judge Tony Snell and a jury. He faces eight counts of wilful ill-treatment of animals, nine counts of reckless ill-treatment of animals, three counts of failing to comply with obligations under the Animal Welfare Act and one charge of keeping an animal alive suffering unnecessary pain or distress.

Judge Snell was to sum up the case this morning before the jury retires to consider their verdicts.

Crown prosecutor Anna McConachy summed up their case yesterday, saying the evidence overwhelmingly pointed to animals starving and dying painfully. McConachy said Koberstein was aware of the issues but did not take reasonable steps to help them.

She said he “sat on his hands”.

The charges stemmed from a Ministry for Primary Industries notification in July 2019 after an alarm was raised by Koberstein’s vet about the condition of animals on the farm.

Animal welfare inspectors went to the farm and found dead and dying animals. A large portion of stock had a body-weight condition below the ideal of 5.

The Crown said 463 pregnant ewes rated between 0 and 1, which meant they were near death or needing immediate remedial action. There were 404 with a body-weight condition of 2.

The jury previously heard evidence some stock were so emaciated they were unable to stand and were lying on their sides, unable to move.

The jury was shown videos of injured or deformed sheep and a heifer lying at the bottom of a tomo, unable to move. The Crown also said Koberstein had been warned about his farming practices by the ministry four times since 2000 and was formally put on notice his animals fell below minimum standards.

Warren Koberstein a Mangakino farmer accused of animal cruelty charges. Photo / Andrew Warner

Koberstein was convicted in 2018 of a charge relating to animals suffering prolonged malnutrition, which McConachy said during her closing address was proof he knew what was required by law.

She said the evidence showed Koberstein was repeatedly put on notice and it wasn’t just a case of “skinny sheep”.

“Some were found to be emaciated at the point of death.”

McConachy said Koberstein’s actions showed he was concerned about his bottom line.

“He was attempting to pull the wool over your eyes ... He was throwing out numbers in an attempt to confuse you.” For example, numbers relating to his stock, feed and other farm management matters.

She said a statement during his evidence showed his “true colours”.

Koberstein said it was “unfortunate” the law was now that anyone could call an 0800 number and make a complaint about the welfare of animals, calling it a “sad indictment” of this country. McConachy said that showed Koberstein’s “complete lack of regard for animals in his care”.

The case is being heard in the Rotorua District Court. Photo / Andrew Warner

McConachy took the jury through the charges and evidence, including a charge relating to a sheep with a body-weight condition of 1 that had one eye pecked out by a hawk.

She said the sheep suffered “prolonged pain and distress” because Koberstein refused to destroy it against the advice of two vets. Two days later he changed his mind. She said Koberstein had originally told the vets he had several one-eyed sheep and they eventually got over it and came right.

She said Koberstein disagreed with “almost everything” during evidence, including body scoring results and opinions of vets and farm consultants.

She said he even disagreed with his 2018 conviction – unsuccessfully appealing.

The defence case

Koberstein’s lawyer, Fletcher Pilditch, told the jury that despite the Crown painting Koberstein as a“liar”, he was everything they would expect a long-term farmer to be.

“You could sense some frustration in him giving evidence. He called a spade a spade, at times he would get off-topic. He had a great deal of knowledge he wanted to share, not all of it was on point but a lot of it was.

“At times he could be a bit curmudgeonly … maybe a bit belligerent. He’s everything you’d expect a farmer who has survived 40 years on a farm to be.”

Pilditch said Koberstein was selling off his animals following the drought and doing his best.

“He wasn’t sitting on his hands, he was farming as hard as he could to manage the situation.”

He said realism was required when dealing with production animals as opposed to pets, including realising all farms suffered stock losses.

Pilditch said no one challenged the ministry’s figures when it came to expected stock losses and feed ratios. He said Koberstein’s evidence was realistic and needed to be carefully considered by the jury as it proved there was reasonable doubt he was reckless.

Pilditch said the Crown alleged Koberstein was a failed farmer and had poor fencing, but many photos in evidence showed perfect fencing.

“Someone working seven days a week doing the very best he can is not wilful. Someone working seven days a week doing the very best he can is not reckless.

“They are just trying the very best they can. That’s what Mr Koberstein did in that drought and in the winter of 2019 and in my submission your verdicts need to reflect that.”

Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.