Darwen pony moved after being kept in unacceptable conditions

It had been left in the yard alongside scrap items, including a car, chest freezer, wooden panels and bits of metal.

Neighbours in Darwen complained to the Horse and Pony Protection Association (HAPPA) about the ‘squalor’ the pony was being forced to live in.

And yesterday the charity, alongside the RSPCA, intervened to move it to a new site with the permission of owner Kevin Tierney.

Mr Tierney, who said he had done nothing wrong, hit the headlines in 1995 when he owned dogs that mauled an 11-year-old boy to death.

Then, David Kearney was attacked by Mr Tierney’s rottweilers when he climbed over the fence to retrieve his football.

He later died after a leg was amputated and gangrene set in.

The coroner found David was ‘unlawfully killed’ but no action was taken against Mr Tierney, who had both dogs put down.

HAPPA welfare officer David McCormick said the saga with the pony had been going on since before Christmas.

It was being kept in a fenced-off area at the side of garages, behind Redearth Road.

The garage provided shelter for the horse but also contained a car and scrap items.

Neighbours claimed the horse was not being cleaned out and was left thirsty.

Yesterday it moved to a stable near Darwen Tower.

He said: “I got the first call from a neighbour at Christmas, and when we went down the conditions were acceptable.

“But a week later I was called again, and when I went to look the owner had put a lot of stuff in there that made it unacceptable.”

Mr McCormick said when he made contact with Mr Tierney, he told him the pony had had its hooves trimmed by an unregistered farrier and they had taken too much off, making it painful for the pony to walk.

At that point the animal had been moved to the yard.

He said: “Unfortunately, these unregistered farriers are a common problem.

“I gave him two hours to sort out the yard. When I went back, he had tidied it up and put down a rubber mat, which helped the pony’s feet.

“Then I got another call recently and when I went back up he had moved boarding that was covering up the car and protecting the pony, which I told him was unacceptable.”

HAPPA arranged to have the horse moved under Section Nine of the Animal Welfare Act, which states: “A person commits an offence if he does not take such steps as are reasonable in all the circumstances to ensure that the needs of an animal for which he is responsible are met to the extent required by good practice.”

Mr Tierney said he had done nothing wrong prior to the move.

He said: “The neighbours have tried every way they can with this.

“I appreciate their concerns but it has got everything it needs. The horse isn’t staying there for good.”

Anne Davis, of Redearth Road, who made the initial complaint, said: “It was heartbreaking to see it in that mess.

“It didn’t always have the sheltered bit. It was just stood outside in the rain and snow.

“It was so friendly. You could call it over and it came and talked to you.

“If you like having animals then fine, but look after them properly.”

Her husband, George, said: “It was horrendous. There was muck all over and it was not being cleaned out.

“My wife took up three buckets of water the other night and it drank the lot. It was that thirsty.

“It is like a junkyard up there. It is just ridiculous.

“He can fill up that yard with what he wants, but the poor treatment of that horse was just not on.”

Marsh House Councillor Chris Thayne, speaking after looking at the horse, said: “This is not on for all the obvious reasons.

“It is all very well animal welfare saying it is not too bad, but it isn’t good is it?

“There is no room for putting horses in your back garden.”

Thomas Brown, of Redearth Road, said: “I had been wondering what was going on with it.

“It didn’t seem to come out of the garage much.You could see where it had been gnawing away.”

Another resident who did not wish to be named said: “It had been there for months. I saw it go out twice I think.

“There was just nowhere for it to go in there.”