– I just want to laugh, says Elisabeth Ellingsen in Animal Protection when she learns of the decision. She was the one who reported the case to the police. – My client is very sorry and realizes that the cat keeping got out of hand, says the woman’s defender Ben Einar Grindheim. It was in August last year that animal protection and the Norwegian Food Safety Authority retrieved 50 cats from the woman’s house on Karmøy. Only 15 survived. The others were either already dead or so sick that they had to be euthanized. Police attorney Øyvind Bore at Sørvest police district. Photo: The police Soon after, the police launched an investigation into the case and then said that they were taking it seriously. Now the case is settled. – There is criminal guilt, but the case has been settled with a failure to prosecute, says police attorney Øyvind Bore. He would not say why the police came to this conclusion. Non-prosecution Non-prosecution, the prosecution’s failure to prosecute for a criminal offence. When the prosecuting authority finds that all conditions for criminal liability have been met and considers a person guilty of punishment, it can nevertheless refrain from bringing criminal proceedings and instead grant a waiver of prosecution. This is to be considered a criminal reaction, and will be registered in the criminal case register. Source: SNL. Cat owner confessed everything Kvinna’s lawyer, Ben Einar Grindheim, says that there were several factors that made the decision. – Among other things, she made an unreserved confession to the police. She has also helped to clarify the matter. In addition, the police have concluded that a punishment would have hit the woman hard for personal reasons, explains Grindheim. Lawyer Ben Einar Grindheim. Photo: Olav Røli She has therefore received a so-called waiver of prosecution. – She has been given a probationary period of two years, says Bore. Lawyer Grindheim says the woman respects this. – The decision will not be appealed, he says. Many of the kittens that survived were very sick. Photo: Rosa Irén Villalobos / news Can still have two animals The Norwegian Food Safety Authority has banned the woman from keeping animals. Nevertheless, the woman is still allowed to have two cats. – This is to limit the scope of animal keeping, says department director Kristin Lervåg. Department director Kristin Lervåg in the Norwegian Food Safety Authority, department Sunnhordland and Haugalandet. Photo: Thomas Halleland / news There is also a requirement that the animals must be castrated and ID marked. Here the Norwegian Food Safety Authority will follow up with inspections. – We receive reports that the conditions are changing. For example, the fact that more cats have arrived will be followed up, says Lervåg. From 1 January 2022, all police districts received extra resources to combat animal crime. It is the most serious cases that end up with the police. The Norwegian Food Safety Authority takes care of the rest. – Violations of the activity ban can be reported and result in punishment, says police attorney Bore. Considering making a complaint The government will now submit a report to the Storting on animal welfare (external link). In this connection, several submissions have been received to raise the penalty limit in the Animal Welfare Act. Among other things, Økokrim will increase the penalty to six years in prison. The number of reports for violations of the Animal Welfare Act increased by 58 percent from 2016 to 2021. But figures news has obtained from the Norwegian Police Directorate now show that the number of reports has decreased from 2021 to 2022. In 2021, 538 cases were reported. Last year the number was 499. General manager Elisabeth Ellingsen in Animal Protection, Haugaland department. Photo: Rosa Irén Villalobos / news – It feels like a slap in the face for animal welfare when the police decline to prosecute in a case as serious as this, says Elisabeth Ellingsen. She fears the repercussions. – There are no mitigating circumstances for the poor animals who had to suffer here, says Ellingsen. She is now considering appealing the decision to the police.
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