After more than six years and dozens of criminal court appearances, state-owned ferry operator TT-Line has been fined $4,000 in relation to the deaths of 16 polo ponies — equating to $250 per horse.

The new fine was issued on Friday in the Supreme Court of Tasmania, with Chief Justice Alan Blow replacing an earlier fine of $75,000 for 29 animal-welfare-related charges.

The operator previously accepted all of the 29 charges but one, which it eventually appealed — ultimately leading to Chief Justice Blow setting aside more of the convictions and imposing the lesser fine it now faces.

Horses suffered heat stress during ferry journey

The case began in 2018 when the horses were found dead in a truck in regional Victoria after sailing aboard the Spirit of Tasmania from Devonport the previous night.

There were 18 horses aboard the truck, which was a converted refrigeration trailer driven by polo captain Andrew Williams, who a court heard was "devastated" on discovering the dead horses.

Two of the 18 horses in that truck were found by Mr Williams "fighting to survive".

In a second truck travelling in the convoy, 12 horses were unharmed.

Mr Williams pleaded guilty to 17 breaches of the Animal Welfare Act in July 2022 and was fined $15,000 by Burnie Magistrate Leanne Topfer.

The court heard the trailer was improperly ventilated, and that the horses likely died about eight hours into the 10-hour voyage from suffocation and heat stress.

Ms Topfer also told the court Mr Williams failed to check on the horses for an hour after disembarking.

Operator successfully appeals 

In June 2019 TT-Line was also charged with 29 breaches of the Animal Welfare Act, and it spent years unsuccessfully appealing to higher courts to have the case thrown out.

A three-week long hearing finally went ahead in the Burnie Magistrates Court in August 2022, and in October 2022 Ms Topfer found the company guilty of all 29 charges.

TT-Line did not dispute 28 of the charges, which were all for failing to ensure that each of the horses in the two trucks were individually stalled.

However, the company's lawyers appealed the conviction on one charge — of using a method of management that was reasonably likely to result unreasonable and unjustifiable pain and suffering to animals.

The appeal succeeded in July 2023, and the full bench of the Supreme Court accepted there was not a proven link between the double stalling of the horses and their deaths.

The appeals court directed the charge could be heard by a different magistrate, but prosecutors decided to not take TT-Line back to court, and the charge was dismissed.

TT-Line penalty reduced by more than $70,000

On Friday, August 23, Chief Justice Alan Blow said that charge was the "most serious" of the 29, and as it had been dismissed the $75,000 fine "obviously cannot stand".

He said it appeared that TT-Line's hope was to escape the matter without conviction.

"It's concern is for its reputation," Chief Justice Blow said, and agreed that having the 28 remaining convictions on its record may be misleading.

Chief Justice Blow said it was appropriate for the company to "suffer two convictions — one for each vehicle".

"The applicant is ordered to pay a fine of $4,000 within 28 days."

In his comments, Chief Justice Blow also noted that TT-Line had offered to plead guilty to two "rolled up charges" more than three years ago.

"The applicant company is not entitled to a sentencing discount because of a plea of guilty, but, in the circumstances, the making of the offer in May 2021 is a significant mitigating factor," he said.

TT-Line chief executive Bernard Dwyer welcomed Chief Justice Blow's decision.