An animal charity says it will not be able to prosecute an alleged act of cruelty to a toad ? because the law only covers domestic pets.

Beaman Smith, an inspector at the Society for the Protection of Animals (SPCA), has been investigating claims that a toad was captured and mistreated by Italy fans watching the World Cup final earlier this month.

He told last week that he needed witnesses to get in touch with him about the alleged incident, in which the toad was said to have had beer poured on it after being trapped in a basket at either Splash nightclub or Little Venice wine bar, in Bermudiana Road, Hamilton.

Since then, two people have contacted him. ?One lady called and said it didn?t happen,? he said. ?Someone else told me the toad had been let loose in the woods.?

He said there was no legislation which would allow the SPCA to bring a case to court. ?There?s no act to protect a toad, as it?s not domestic.?

But he added: ?It should not have been in the building because that violates the toad?s five rights: freedom from hunger and thirst, from discomfort, from pain injury and disease, freedom to express normal behaviour, freedom from fear and distress.

?Leave it alone is the message. We are not going to tolerate it.?

The SPCA?s rescue centre manager, Theresa Ince, said letters complaining about the alleged incident had been sent to Splash and Little Venice. Both venues deny any knowledge of the incident.