poorer yesterday after admitting starving and neglecting three horses under his care.

Tucker, 38, of 3 St. Augustine Hill, Pembroke, pleaded guilty to three counts of wilfully causing unnecessary suffering to an animal.

Appearing before Magistrate Edward King, Tucker was fined $250 for each count and prohibited from owning horses for five years. He was also given ten days to dispose of the surviving horse, Taji.

The charges were laid under Section 8 of The Care and Protection of Animals Act, 1975, after the Society for the Prevention of Cruelty to Animals seized the horses from a shack on St. Augustine Hill on July 4, 1995.

The horses, a Palimino gelding known as Taji, a chestnut gelding known as Beau, and a chestnut mare known as Nancy were found neglected and starving.

Crown counsel Nita Grewal told the court there was a heavy smell of ammonia on the premises and the floor was covered with faeces.

Photographs showed the ribs on all three horses were clearly visible and one walked with a heavy limp. One had a nasal tumour and another was suffering bad feet.

According to Government veterinarian Neil Burnie two of the horses had to be destroyed. The third has since recovered and is under the care of the Agriculture and Fisheries Ministry at a private stable in Smith's.

Ms Grewal petitioned the court for an order under Section 15 of The Care and Protection Act to deprive Tucker of ownership of the surviving horse and to make it a ward of the SPCA.

But Mr. King rejected her argument, saying that under this section he would have to deprive Tucker ownership of any and all animals and that only people, not horses, could become wards of the state.

Ms Grewal contested this interpretation, arguing that any animal does not necessarily mean all animals. And she said in any case such an interpretation had been applied in the past.

Mr. King shot back: "You are counsel. Interpretation is for those sitting in the seat of justice.'' He instructed Tucker to sell or dispose of Taji within ten days and banned him from owning horses for the next five years.

Tucker now faces livery fees of $4,800 as well as payment for two of the horses to Edmund (Johnny Five) Flood.

Following the case, Dr. Burnie commented: "A Supreme Court decision on a case of this nature would be extremely helpful in the interpretation of this section of The Care and Protection of Animals Act, which relates to the deprivation and prohibition of the keeping of animals.'' And when contacted yesterday, SPCA inspector Louis Ray said he hoped Tucker had learned his lesson.

"I have no sympathy for anyone who takes an animal and allows it to deteriorate, no sympathy, even if it was my brother.''