Obesity has become such an issue of political incorrectness that two brothers appeared in court yesterday charged with allowing a dog to get too fat.

Rusty, a nine-year-old labrador, may only have been doing what labradors do, which is to eat everything in sight. But he ballooned to more than 11½ stone (161lb, 73kg), the ideal weight for a large-boned 6ft (1.82m) woman, but not a retriever, which should be chasing sticks and newly shot game.

Rusty had trouble standing up, and after no more than five paces he had to sit down again, breathless. He looked, magistrates at Ely, Cambridgeshire, were told yesterday, more like a seal than a dog.

In what is thought to be the first case of its kind, Rusty’s owners, David Benton and his brother Derek, have been charged with animal cruelty for allowing him to become grossly overweight.

According to the Kennel Club, the ideal weight for a dog of Rusty’s age and breed is between 65lb and 80lb. When found by an RSPCA inspector, Rusty was more than twice the upper limit. Unlike most labradors, he was quite incapable of leaping into a van.

The Benton brothers, of Fordham, Cambridgeshire, deny causing the dog unncessary suffering. They claim that they fed Rusty a normal diet of dried pet food with only the odd bone as a treat.

When Jason Finch of the RSPCA first saw Rusty in February, he found the dog virtually unable to move, the court was told. He issued a notice advising the owners to take the dog to a vet as soon as possible. When he returned in March, they had not done so. The owners declined to sign the dog over to the RSPCA, but agreed to let Mr Finch take Rusty to the charity’s own vet. But the dog could not even walk to Mr Finch’s van.

Stephen Climie, for the prosecution, said that Rusty had been found to be morbidly obese at 74.2kg, double the weight of a normal labrador; the brothers had been told repeatedly by vets over five years to put the dog on a diet, but had not done so.

Rusty suffers from arthritis, a common complaint in labradors, but his condition had been made worse by his being grossly overweight, Mr Climie said.

Alex Wylie, a vet from Bury St Edmunds who treated Rusty, said that the dog suffered from painful joints and breathing problems. “He did literally look like a walrus. There were times when he couldn’t get up from his back legs at all. It was horrible to see.”

When interviewed by the RSPCA, David Benton insisted that Rusty ate only one meal of dried food each evening and a snack in the morning. “He has been plump ever since he was a puppy. He is a poor old thing but he is not in pain. We have tried to give him many foods, but it does not make any difference,” he said.

Derek Benton told the charity that Rusty’s weight gain was old age catching up with him.

The court was told that Rusty had not seen a vet for 17 months before the RSPCA took him away. The brothers claimed that they used to get him treated under a pet insurance plan, but could no longer get cover because of his age.

Since living with an RSPCA dog carer, the court was told, Rusty had lost 3½ stone.

The case continues.

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