Case Hefenhofen: Court of Appeal admits evidence from the veterinary office
The evidence gathered by the veterinary office during the farm clearance of the animal keeper in Hefenhofen in the summer of 2017 may be used. This has been decided by the Court of Appeal. The case therefore returns to the District Court of Arbon.
In the summer of 2017, the Thurgau Veterinary Office cleared the farm of the animal keeper in Hefenhofen.
According to the indictment of the public prosecutor's office, he allegedly mistreated or otherwise tormented numerous horses and various other animals on his farm, in some cases over a period of several years. On 14 March 2023, the District Court of Arbon convicted the animal keeper of multiple counts of animal cruelty, breach of official seizure, and two further offences. He was acquitted of the majority of the charges — including both main charges — or proceedings were discontinued due to the statute of limitations. The animal keeper and the public prosecutor's office both filed appeals against this ruling with the Court of Appeal. The animal welfare problem is particularly evident in this case.
Findings of the veterinary office admissible
The District Court of Arbon acquitted the animal keeper of the two main charges because it considered the findings obtained by the veterinary office in the context of the farm clearance to be inadmissible. The Court of Appeal has now ruled that this evidence may be used in the criminal proceedings against the animal keeper, as intervention by the veterinary office was warranted. In addition, the veterinary officials involved in the farm clearance and other persons are to be questioned.
During the farm clearance, the police conducted house searches. The evidence found in the process cannot, however, be used, as the police did not comply with the provisions of the Code of Criminal Procedure. The police should have adhered to the Code of Criminal Procedure, because the public prosecutor's office should have initiated criminal proceedings against the animal keeper already at the time of the farm clearance. More on animal rights.
Referral back to the District Court
According to the ruling of the Court of Appeal, the majority of the evidence is admissible. The District Court of Arbon has not yet examined these pieces of evidence or the two main charges in detail. It will therefore have to retry and assess the two main counts of the indictment.
The ruling can be viewed in anonymized form at the following link: rechtsprechung.tg.ch.
