Pigeon killer fined $48k, one of WA's largest animal cruelty fines
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Three men in Western Australia's Goldfields have been fined a total of nearly $130,000 for animal cruelty offences after they participated in a social media video, where a pigeon was bludgeoned to death with a golf club.
WARNING: This articles depicts acts of animal cruelty and some readers may find it distressing.
The trio were charged last month by the RSPCA, which investigated the incident at a Norseman mine site in June 2023.
Magistrate WIlliam Yoo told the 24-year-old man who wielded the golf club, Perth FIFO worker Luke Mitchell Summers, that the act was "vile" and "despicable".
Summers pleaded guilty in the Kalgoorlie Magistrates' Court on Monday and was fined $48,000, plus $574 in court costs.
The RSPCA told the ABC the head sentence of $48,000 — just shy of the $50,000 maximum penalty for an individual — was one of the biggest fines ever handed down for animal cruelty in WA.
Two co-accused, 30-year-old Kudzai Chisweto and 30-year-old Michael John Roccisano, also pleaded guilty after appearing separately on Monday and were each fined $39,000, plus $574 in court costs.
Chisweto, who filmed the animal cruelty acts on his phone and then shared the video on social media, appeared in person while Roccisano entered his guilty plea via his lawyer, Carmel McKenzie.
The RSPCA interviewed Chisweto in July 2024 as part of its investigation, and the court was told he claimed he could not remember the incident or the co-accused.
His phone was seized, and only one 42-second clip could be recovered as he remotely deleted the files, the court was told.
The court heard Roccisano was filmed crouched near the pigeon, saying on camera "be careful, there are some bad c***s around here".
After the initial strike, which sent the bird flying about a metre, Summers hit the bird with the club another four times, then picked it up by its foot, hanging upside down.
After each strike, the bird lost feathers and was still alive when it was discarded in a nearby skip bin.
Prosecutor Ian Weldon described Summers' behaviour as "wicked" and a "deliberate act of cruelty".
"It's very difficult to explain how three men can behave in such a disgraceful and disgusting way," he said.
The court heard the men had claimed the pigeon was injured and they were trying to euthanise it.
"It is simply wrong to say they were putting the pigeon out of its misery," Mr Weldon said.
"This was not an act of compassion or mercy ... they thought this was a joke."
Summers' lawyer tabled six character references in court and a letter expressing his remorse, saying his "conduct is unexplainable".
Magistrate William Yoo called the behaviour "vile" and "despicable", telling Summers during sentencing, "you betrayed your own humanity".
"To make matters worse, you laughed ... that's disgusting and despicable," he said.
"You should feel ashamed of that action ... I agree with the inspector that it is vile and incomprehensible that a grown man would act like this."
Magistrate Yoo said the pigeon would have suffered in a "large degree of distress" for a "few minutes", which he said is "far too long" for any animal.
Applications for spent convictions for all three men were denied by Magistrate Yoo, who said it was in the public interest that the offences go on their criminal records.
By Jarrod Lucas and Katrina Tap
WARNING: This articles depicts acts of animal cruelty and some readers may find it distressing.
The trio were charged last month by the RSPCA, which investigated the incident at a Norseman mine site in June 2023.
Magistrate WIlliam Yoo told the 24-year-old man who wielded the golf club, Perth FIFO worker Luke Mitchell Summers, that the act was "vile" and "despicable".
Luke Mitchell Summers, 24, leaves the Kalgoorlie Courthouse after being fined $48,000 for animal cruelty. (ABC Goldfields: Jarrod Lucas)
Summers pleaded guilty in the Kalgoorlie Magistrates' Court on Monday and was fined $48,000, plus $574 in court costs.
The RSPCA told the ABC the head sentence of $48,000 — just shy of the $50,000 maximum penalty for an individual — was one of the biggest fines ever handed down for animal cruelty in WA.
Two co-accused, 30-year-old Kudzai Chisweto and 30-year-old Michael John Roccisano, also pleaded guilty after appearing separately on Monday and were each fined $39,000, plus $574 in court costs.
Chisweto, who filmed the animal cruelty acts on his phone and then shared the video on social media, appeared in person while Roccisano entered his guilty plea via his lawyer, Carmel McKenzie.
The RSPCA interviewed Chisweto in July 2024 as part of its investigation, and the court was told he claimed he could not remember the incident or the co-accused.
His phone was seized, and only one 42-second clip could be recovered as he remotely deleted the files, the court was told.
The court heard Roccisano was filmed crouched near the pigeon, saying on camera "be careful, there are some bad c***s around here".
Act of 'compassion' claimed
The court heard Summers used the club to hit the pigeon like a golf ball, while Chisweto filmed on his phone and shared the post alongside a laughing emoji and the caption "may his soul rest in peace".After the initial strike, which sent the bird flying about a metre, Summers hit the bird with the club another four times, then picked it up by its foot, hanging upside down.
After each strike, the bird lost feathers and was still alive when it was discarded in a nearby skip bin.
Screenshots of the animal cruelty incident. (Supplied: RSPCA)
Prosecutor Ian Weldon described Summers' behaviour as "wicked" and a "deliberate act of cruelty".
"It's very difficult to explain how three men can behave in such a disgraceful and disgusting way," he said.
The court heard the men had claimed the pigeon was injured and they were trying to euthanise it.
"It is simply wrong to say they were putting the pigeon out of its misery," Mr Weldon said.
"This was not an act of compassion or mercy ... they thought this was a joke."
Spent convictions denied
The court heard Summers had been stood down by his employer over the incident and that his "employment prospects are in jeopardy".Summers' lawyer tabled six character references in court and a letter expressing his remorse, saying his "conduct is unexplainable".
Magistrate William Yoo called the behaviour "vile" and "despicable", telling Summers during sentencing, "you betrayed your own humanity".
"To make matters worse, you laughed ... that's disgusting and despicable," he said.
"You should feel ashamed of that action ... I agree with the inspector that it is vile and incomprehensible that a grown man would act like this."
Magistrate Yoo said the pigeon would have suffered in a "large degree of distress" for a "few minutes", which he said is "far too long" for any animal.
Applications for spent convictions for all three men were denied by Magistrate Yoo, who said it was in the public interest that the offences go on their criminal records.
By Jarrod Lucas and Katrina Tap
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