The owner of the six horses found in a near starving condition could eventually be prosecuted for neglecting the animals.

The Government vet was called in to the stables of St. George's blacksmith John DeShields last week after The Royal Gazette published photographs of one of the beasts.

And while Government officers claim that their main concern is to get the horses back into peak condition, a report on the case will be compiled and forwarded to the Attorney General's chambers.

If prosecutors feel there is enough evidence of neglect, Mr. DeShields could end up going to court.

The case caused outrage amongst the Island's horsing community, with many farriers and carriage drivers demanding that the animals be confiscated.

Last night Ministry of Agriculture and Fisheries director John Barnes confirmed that the animals would not be seized by the Government.

But he said that Mr. DeShields was now under strict orders to have the animals checked over by a vet, groomed and properly fed.

And representatives from the Society for the Prevention of Cruelty to Animals will also have regular access to the stables to make sure the animals' condition does not deteriorate.

" There has been some neglect -- to whatever degree -- but what's caused it is not our primary concern right now,'' Mr.Barnes said last night.

Asked whether Mr. DeShields now faces legal action Mr. Barnes replied: "I wouldn't want to comment on that at this stage.

"A report is being compiled and we will look at it and see if anything has been violated but at the moment it's a matter of getting the animals fed before we sit down at the typewriter. Cruelty is always a difficult one because it's subjective.

"We can make recommendations but it's up to the Attorney General to decide whether or not we have enough evidence.'' SPCA chairman Dr. Andrew Madeiros, who inspected the animals on Friday, said the organisation will now be "aggressively'' examining the question of Mr.

DeShields' licence.

"While I accepted the explanation of Dr. Nisbett, the Government vet, I had some concerns from an SPCA view,'' he said. "I have given a list of demands, some of which have been done. I wanted the horses de-wormed and groomed and their teeth need looking at.

"I would say that, out of the six horses one, which was very old, was OK and in pretty good shape. Another three were pretty marginal -- they needed de-worming and increased feeding, another one which was in bad shape and another which was the worst of them.

"The immediate crisis is over but we still have long term questions in terms of licensing and the area the animals are being housed in and that's an area that we want to work on aggressively.'' Mr. Madeiros said he was confident that the animals would now receive adequate food and water.

And he added that Mr. DeShields will not be allowed to put the animals out to work until they were fit and healthy.