United Poultry Concerns July 14, 2004

Historic verdict: NOT GUILTY for animal liberation

From Martin Balluch

Today I was found NOT GUILTY by the High Courts in Austria for openly
liberating 7 chickens from a battery farm. Please read the full story
and spread the message:

Historic court ruling: animal liberator goes free!

In March 2003, we started our eventually successfull campaign in earnest
to get battery farming banned in Austria. As a first action, I went at
midnight into a battery farm in Kleinsierning, near St. Pölten, Lower
Austria, together with a journalist and rescued 7 chickens. The chickens
were brought to an emergency veterinary service at 3 am. Afterwards, the
action was covered very positively in newspapers and TV.

The battery farm was run completely illegally: there were 6 chickens in
cages which legally allowed only 4 birds, there was dirt everywhere and
a number of dead chickens rotting in the cages. The 7 rescued birds were
all seriously ill and one had to be put down by the vets.

Pictures of the rescue and the report in German can be found at:


I reported the battery farm to the authorities together with video proof
of the conditions and the breaches of the law. Soon after we occupied
the offices of the governor of the province of Lower Austria, as he had
refused to meet us on the issue and as it was obvious that the
authorities were not reacting to our complaints. After 5 hours being
locked on to his office furniture and having some dead chickens from the
battery farm presented on a desk, the governor did speak with us in a
very positive way. He promised that something would happen in this case.
Fotos and story:


In the following a state vet visited the battery farm and found that
there were too many birds per cage and other regulations were breached.
It also revealed that 1 month before my visit to the farm, there had
been formally a control visit of the farm by state vets. That proves
that controls have no relevance, a strong argument which politically
lead to the installation of animal solicitors in the new animal
protection law from 1st Jan 2005 onwards.

In a court case, the farmer was convicted and made to pay 200 Euro! And
he had to remove 25% of his chickens out of the cages. He appealed
against this decision and the appeal case will be heard on 21st July 2004.

At the same time, the farmer started a private prosecution of me for
trespass and damages. The trial is still going.

Also, the state prosecution started criminal procedures against me for
having removed property out of the ownership of the farmer: the 7
chickens. He gave them a value of 15 Euro. In turn, I had paid the
veterinary treatment for the birds, which had cost 10 times that amount.

The state prosecutor offered a deal: she would drop the case if I was
willing to appologize and pay the farmer 15 Euro. I refused. She phoned
me and was very aggressive on the phone threatening to get me convicted
if I did not bow to her demands. I still did not.

On 9th February 2004, the district court refused all my 9 witnesses,
refused to look at the video footage and found me guilty after a trial
lasting 40 minutes. Just before reading out the verdict, she again
offered to let me go free if I was ready to appologize and pay 15 Euro.
I was looking at a maximum penalty of 6 months prison if found guilty. I
did not appologize but said I am convinced I did the right thing. Then I
received a fine of 60 days prison equivalent to 450 Euro plus court
costs and damages to the farmer.

Report in German:

We informed the media, and state TV did an 8 minute piece where they had
tried to interview the judge, who did refuse, but the head of her courts
tried to defend her decision by saying it was not clear that the video
was actually from this battery farm. The TV crew also interviewed people
on the streets showing them the footage of the rescue and all people
supported the action and said that it is outrageous to find somebody
guilty for doing something like that.

On 12. July 2004, my appeal to the criminal court conviction was heard
at the high courts. We presented my case argueing that animals are no
things according to the law and that it was a justified emergency rescue
which could not have been achieved through informing authorities or any
other means with less damage to the farmer.

The 3 judges found me NOT GUILTY. In a historical verdict they argued
that albeit I did break in and did remove property from the farmer, the
new animal protection law underlines that society at large agrees with
my activity and that I did act rightly and with good intentions in
liberating the hens!!!

Report in German:

The atmosphere in society with regards to nonhuman animals is seriously
changing! Another milestone is achieved. A high court ruled, basically,
that breaking in and stealing animals from a factory farm is not a
crime. A precedence case with consequences which we cannot fully
comprehend at the moment!

martin balluch
president association against animal factories, austria


United Poultry Concerns, Inc.
PO Box 150
Machipongo, VA 23405-0150
FAX: 757-678-5070

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