The court heard that a member of the public found the kangaroo on October 14, 2020, with her legs hanging from a barbed wire fence and called WIRES. A volunteer took the kangaroo to Nepean Animal Hospital for assessment.

Head nurse Jess Stone said in her witness statement that the kangaroo had lacerations to both hind legs, exposing the bone. The X-ray showed no broken bones and Stone’s main concern was the risk of infection.

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WIRES called Dods to ask if she could care for the animal. She accepted and arranged to collect the kangaroo and take her home for rehabilitation. She named her Dolores.

On the witness stand in July 2023, Dods said she looked at Dolores for hours every day because she could see the enclosure from her windows. As well as changing bandages, she would “carry [Dolores] in and out of the enclosure, bring her food, pick up poo ... give her water, tend to her, it was continuous really”.

The court also heard evidence that Dods took Dolores to Hartley Valley Vets in January 2021 because both wounds were “swollen and warm”.

Various emails submitted in evidence suggest both the WIRES head office and the Blue Mountains branch checked in for updates. In February 2021, Dods provided WIRES with photographs of the kangaroo’s injuries and took part in a Zoom call to discuss the animal’s progress.

A few weeks later, WIRES veterinary practitioner Dr David Phalen and RSPCA inspector Anthony Croker arrived unannounced at Dods’ home to inspect the kangaroo. The court heard Phalen acted on the request of WIRES wildlife welfare co-ordinator Zoe Little and WIRES chief executive Leanne Taylor.

Phalen reported that the animal was “unable to stand, walk or hop”, had generalised muscle atrophy, no sciatic nerve function, and a completely immobile hock joint. Dolores was euthanised, and two other kangaroos were removed.

Phalen added that the post-mortem also revealed parasites, bed sores and a fracture near the joint that had healed abnormally.

He provided evidence that he believed the kangaroo needed weekly veterinary assessment. In cross-examination, he dismissed Dods’ visit to the Hartley clinic since she was only seeking an antibiotic and requested it by name.

“That’s not seeking advice, that’s telling veterinarians … what she wants without any form of diagnostics or consideration of the differential diseases,” he said.

The RSPCA said Dods formed her own views about the prognosis of the animal and appropriate treatment rather than consulting a vet. Dods admitted in cross-examination to giving the kangaroo treatments such as “massage”, “physio” and “Bowen therapy” for which she was not trained, and administering leftover medication prescribed to another kangaroo.

The RSPCA described Dods as an “unreliable narrator”, while Ginges contended she was a “shy person” who was unfamiliar with court processes.

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The defence case denies Dods failed to provide the kangaroo with any necessary treatment, does not accept it was cruel to keep it alive, and denies she acted in any way that could be reasonably regarded as animal cruelty. The defence argued that “veterinary treatment” legally included treatment carried out according to a vet’s instructions.

Ginges said a defence of acting on “an honest and reasonable mistake of fact” could also apply since Dods was an experienced carer who believed Dolores to be making a slow but progressive recovery.

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