When a local resident saw two people in North Lismore who appeared to be engaging in cruel acts with a miniature pony, he filmed their behaviour and reported it to the RSPCA.

The video he took showed a large man sitting on a small pony, attempting to get it to move for a sustained period of time, until another person comes along and kicks the pony.

The local who saw the act (and who doesn’t want to be named) then launched a formal complaint with Lismore Police, as well as the RSPCA – and shared the video he took on Facebook.

The video went viral and people across Australia began to comment on the acts – including some in South Australia.

The local then sought the advice of local solicitor Sue Higginson, who continued discussions about the alleged cruelty with the RSPCA.

Ms Higginson said the RSPCA undertook its enquiries and today the RSPCA released a statement in regard to the case.

The RSPCA said in its statement that “the actions depicted in the video obviously caused fear and distress in the pony”.

“In addition, overloading a horse or pony has the potential to cause serious physical injury. RSPCA NSW completely condemns this sort of conduct with any animal,” the statement said.

“This matter has been investigated, and we have sought expert veterinary advice, as a result of which appropriate enforcement action has been undertaken.”

Ms Higginson said a form of prosecution called a penalty infringement notice is likely to have been issued by the RSPCA.

Ms Higginson also said the video posted on Facebook had caused major concerns among the community.

“The message is that these acts are considered cruel and unacceptable,” she said.

“The community response shows that people are not willing to sit by and let these things happen.

“It can be traumatising when people witness these things - it creates awful emotional experiences for witnesses.

“People can feel powerless unless they see a regulatory response that says this will never happen again.”

What to do if you see animal cruelty

Lismore City Council also received complaints about the alleged cruelty to the miniature pony. Council released a statement on social media stating that “Council does not have the legal authority to take action”, which Ms Higginson is quick to back up.

“Council are not empowered to deal with acts of cruelty- just companion animal act issues like barking dogs,” she said.

“When it comes to serious offences like cruelty and harm, we need legal powers.

“If someone sees an act of cruelty, they need to contact the RSPCA and police simultaneously.

“Both are the regulatory authorities who can act under the laws and the prevention of cruelty to animal act.

Get evidence

Ms Higginson said you need to get evidence of what you have witnessed in order to make a stronger claim.

“Footage lawfully obtained is one of the best forms of evidence you can give,” she said.

“The most advisable method is to take footage in a public place and don’t encroach on private land and trespass.”

Duty of care

Ms Higginson said the Lismore resident who reported the acts and didn’t wish to be named had a legal right to remain anonymous to avoid any backlash.

“It takes an act of bravery to put yourself forward as the person who draws attention to something,” she said.

"It’s the same as being a whistle blower and about speaking out for vulnerable animals who have no voices of their own.

“Our system relies on good people coming forward and the RSPCA generally offers an anonymous service so people can complain and be offered an anonymous pathway.

RSPCA contact

Members of the public who witness and have evidence of ongoing cruelty should contact RSPCA NSW on 1300 CRUELTY (1300 278 3589) or online via http://www.rspcansw.org/reportcruelty.