In an unprecedented case, David and Derek Benton were prosecuted by the RSPCA because Rusty, their pet labrador, was 11½ stone (74 kg), more than double the weight he should have been. They denied causing unnecessary suffering to the ten-year-old dog but were found guilty by magistrates in Ely, Cambridgeshire.

David Benton, 52, a crane driver, and Derek, 63, a saddler, were given a conditional discharge for three years and ordered to pay £250 costs each. No order was made for the seizure of the labrador or any disqualification preventing them from keeping animals, so Rusty will be returned to them.

The prosecution incurred legal costs of £12,000.

After the case, the British Veterinary Association said that 30 to 40 per cent of pets were overweight but that owners should not fear prosecution if they followed vets’ advice.

But David Benton said: “What’s going to happen next? Will you be in court if your child is too fat? The dog has arthritis. What do they expect? It does feel like we’ve been chased by the fat police. I think a lot of people will be worried.

“We will make absolutely sure we look after Rusty properly and he will be seeing a vet as soon as we get him back.”

Ann-Marie Gregory, who defended the brothers, said that her office had been inundated by calls from pet owners fearing that they might be prosecuted for having overweight pets.

“There are people up and down the country who are worried to death because their cat or rabbit is a couple of pounds overweight,” she said.

The court was told that Rusty had suffered hip dysplasia from the age of 18 months which left him arthritic, unable to exercise properly and prone to weight gain. The brothers said that they had tried to make him lose weight, but were unable to get him to stick to a diet at their home in Fordham, near Soham, Cambridgeshire.

Rusty had been taken into the care of the RSPCA and had lost 3½st since March after being put on a low-calorie diet and given painkilling drugs costing £3,000.

Bryant Watson, the magistrate, said that the brothers had been advised several times to control Rusty’s weight. David Benton said that he used to walk Rusty twice a day during the week and three times a day at weekends until about 18 months before he was seized.

He added: “He was getting slower as he got bigger. I think his hips got so bad that he just gave up. It got to the point where he just didn’t want to go out any more.”

Mark Thompson, an RSPCA chief inspector, insisted that the charity had been right to bring the prosecution. “I am disappointed that the magistrates did not grant a seizure order.If the Benton brothers do not look after him properly they will be brought back to court.”

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