Brian Boswell’s wife‚ Jane‚ who is in her 60s‚ their daughter‚ Georgina‚ 42‚ and elephant handler and ringmaster David Marais‚ 36‚ were let off the hook when the Director of Public Prosecutions (DPP) withdrew the charges on April 21 due to a lack of evidence.
The case has been ongoing since 2013 when the three appeared in the Port Elizabeth Magistrate’s Court for allegedly contravening the Animal Protection Act.
They were accused‚ as the owners and managers of the circus’s animals‚ of causing‚ procuring or assisting in the “commission or omission of an act” to beat‚ goad or terrify them.
The charge sheet alleges they chained up the animals without adequate shelter from the heat and did not give them enough water.
A complaint of animal cruelty was lodged with the police in December 2012 by the National Council of SPCAs (NSPCA) when an animal charity volunteer filmed circus employees allegedly beating the elephants‚ with some of the blows to their faces.
The circus had been set up at Walmer West Primary School in Port Elizabeth at the time of the alleged incidents.
After the footage was aired‚ the school banned the circus for any future events.
Deputy DPP advocate Chris de Klerk said: “There must be some sort of culpability on the part of the owners … there is not sufficient evidence of that in this case. That’s why it has been withdrawn.”
In the footage‚ a man in an orange top and blue pants is seen continuously beating the large animals on various parts of their bodies.
A second man is then seen stroking an elephant on his tusk and‚ as soon as the elephant seems calm‚ he begins beating him in the face.
De Klerk said the two men had subsequently been fired and their whereabouts were unknown.
“The owners are not the ones who committed the deeds‚” he said.
“The legislation does make provision for the employers to be held accountable‚ but certain facts need to be presented … and there is not sufficient evidence of that in this case.”
NSPCA wildlife unit manager Isabel Wentzel said the organisation would continue to fight the matter.
“We … are communicating with the DPP as to the reasons why it was withdrawn‚” she said.
“The owners were notified by the individuals who took the footage‚ but nothing was done.
“And if these employees committing the beatings were employed by the circus surely they have some identification whereby they can be tracked.”
Port Elizabeth’s Animal Anti-Cruelty League spokeswoman Linda-Louise Swain said: “It is absolutely horrific that the charges have been withdrawn.
“I can’t believe it! “After all we have done to get it into the courts – and all the evidence stacked against them‚ including the video footage‚ is more than enough.”
Since the footage aired in 2013‚ a “Boycott Brian Boswell Animal Circus” page on Facebook has received 9 276 likes.
Georgina Boswell welcomed the withdrawal of the “false allegations”.
“We would like to thank our many supporters who know us and have stood by us through this difficult time‚” she said.
“We are delighted these vexatious and malicious charges have been withdrawn.”
Saying that the circus had passed a number of inspections during its time in Port Elizabeth‚ the circus owners reiterated their commitment to the care and welfare of all animals in their possession and those touring with the circus.
Source: TMG Digital/The Herald