Austrian vets seek review of ruling in Schmotzer cat case

The Austrian Chamber of Veterinary Surgeons has called for a review of the legally binding ruling in the case of Schmotzer, a cat that was killed, ORF reported Thursday.

The chamber wants the Innsbruck Regional Court’s ruling of August 4 examined for a possible complaint alleging that the law was not upheld. It said there were indications that the law may not have been applied correctly in some respects.

The central issue is how the court interpreted the term unnecessary suffering, the chamber said in a statement. Animal cruelty does not only mean inflicting physical pain. Other serious and prolonged distressing conditions may also fall under the definition.

From a veterinary perspective, suffering cannot be reduced to visible reactions to pain, said chamber president Kurt Frühwirth. Prolonged stress, fear and significant psychological distress can also amount to suffering for an animal, he said.

The role of each person involved must also be examined individually, Frühwirth said. If several people took part, the responsibility and specific contribution of each person must be assessed. A shared aim of ending the animal’s suffering cannot replace that examination, he said.

Separately, the responsible authority in Kitzbühel is conducting administrative penalty proceedings in the case. These will examine, among other issues, whether the Animal Welfare Act was breached, particularly its ban on killing animals.