Two men have been found guilty of over-feeding their pet labrador to the point where it could barely walk in a case which could have ramifications for other pet-owners - and even for parents of overweight children.

Derek Benton, 62, and his brother David, 53, were found guilty of causing unecessary suffering to an animal by magistrates at Ely, Cambridgeshire.

The unprecedented two-day case, brought by the Royal Society for the Prevention of Cruelty to Animals (RSPCA), centred on the condition of Rusty, the men's 10-year-old chocolate labrador.

The RSPCA claimed the brothers, of Fordham, Cambs, committed an offence by allowing its weight to rise from eight to more than 11 and a half stones in two years.

A lawyer representing the RSPCA told the court that the charity confiscated the "hugely and grossly overweight" dog from them in March, and revealed that it had since lost three and a half stone under the guidance of vets.

Representing the men, however, Ann-Marie Gregory warned that the case could have ramifications.

"I know from telephone calls to my chambers - to my offices - there are people up and down the country worried to death because their cat is a couple of pounds overweight or their rabbit is a couple of pounds overweight," she said.

"People are literally worrying themselves sick because their animal is not the correct weight.

"I have to say, one wonders where this case will stop?

"Are we going down the route to fat children? Are we going to have parents prosecuted in court because their child is overweight, because it could happen.

"The NSPCC can take prosecutions against parents for fat children."

Prosecutor Stephen Climie, representing the RSPCA, refuted Miss Gregory's suggestion that the prosecution was a "test case".

"This is not a test case," he said. "This is a case peculiar to its facts."

He added that the brothers had wilfully and knowingly harmed the dog by overfeeding it, rejecting RSPCA advice to put it on a diet as they did so, and eventually causing its confiscation.

Mr Climie added that it was clear the Bentons had failed to give Rusty an appropriate diet, which was deliberately negligent. The brothers said that the dog suffered from arthritis, which prevented it exercising properly.

Magistrates agreed with the RSPCA, ruling that the dog had been given an inappropriate diet, and convicted the men.

The Benton brothers were given a conditional discharge for three years. Although they were given no fine, they were forced to pay costs of £500 to the court.

The magistrates did not make an order preventing the dog being returned to the brothers - but they did emphasise that the pair must ensure that the dog does not gain large amounts of weight and that it is properly cared for otherwise the men could be in breach of the order.

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