Spirit of Tasmania ferry operator TT-Line has been found guilty of breaching animal welfare laws after 16 polo ponies died during a voyage in 2018.
The horses were travelling back from a polo event and were found dead inside a converted refrigeration trailer after a Bass Strait crossing between Devonport and Melbourne in January 2018.
Magistrate Leanne Topfer found TT-Line guilty of 29 breaches of the animal welfare act, including that it failed to ensure the horses were individually stalled and to ensure there was adequate ventilation.
Over the course of a two-week hearing in August, the Burnie Magistrates Court heard evidence detailing how the horses were exposed to high temperatures, increasing their respiratory demand, and likely died about eight hours into the journey.
In handing down her decision, Magistrate Topfer said TT-Line failed to inspect the trailer and solely relied on a declaration made by the trailer's driver, former Australian polo captain Andrew Williams.
She said it likely led to the unreasonable and unjustifiable pain or suffering of the horses.
"I make that finding in the context of a warm evening where there was a clearly inadequately ventilated transport unit, stationary for 10 hours on the Spirit of Tasmania, where there were too many horses in the unit," she said.
"Sixteen horses were exposed to the risk of acute heat stress and asphyxiation and died from peracute respiratory failure."
She said if the horses had been individually stalled, as required, they may have survived the trip.
"Nothing was done portside or during the voyage to ensure the consignments complied with the conditions of carriage."
Magistrate Topfer said there was "no evidence Mr Williams was asked any questions about his competence as a carrier, or experience carrying horses".
"There was no evidence TT-Line knew anything about Mr Williams or his capacity to determine the adequacy or otherwise of the ventilation.
"[TT-Line] made no independent enquiries as to whether the horses were individually stalled in accordance with the requirements of the regulations."
Magistrate Topfer said if TT Line staff had "opened the tailgate and looked into the truck before Mr Williams boarded the Spirit of Tasmania, it would have seen the horses were double-stalled, and to comply with its legal obligations, presumably refused to allow it to board the ship".
"The horses may have survived the trip or at least been exposed to less risk."
TT-Line defence lawyers had argued the company relied upon the written declaration from Mr Williams because he stated the trailer and the way the horses were accommodated complied with regulations.
If he had not provided the declaration, they said the truck would not have been able to board.
Magistrate Topfer said nothing was done at the port or while at sea by TT-Line to ensure it did comply.
During the hearing, an engineer who modelled the conditions the horses would have experienced told the court the temperature meant they were "going to cook".
Two horses, which were loaded closest to the trailer's tailgate, survived.
The court had heard the tailgate had an extra opening that allowed more air in.
Legal saga set to continue
The legal case against TT-Line is just one of a number of ongoing court proceedings in relation to the deaths.
Magistrate Topfer adjourned TT-Line's sentencing to December 21.
The Supreme Court of Tasmania also still needs to deal with a legal challenge from the ferry operator's lawyers during the first days of the hearing, which is currently set to happen in November.
They had requested the proceeding be adjourned until that was resolved, but Magistrate Topfer decided to let it continue.
Mr Williams is facing similar charges to TT-Line but changed his plea to guilty in July and will be sentenced at a later date.
The driver of another truck carrying horses on the same voyage was also charged with failing to ensure they were individually stalled, but his case is yet to be heard.
Mr Williams also launched action against TT-Line, as well as freight operator QUBE Ports, in the Supreme Court of Victoria in 2018, claiming they caused the ponies' deaths.
QUBE Ports is no longer included in that case, but a trial against TT-Line is currently set down for March next year.
