months, during a long-running cruelty case.

And it is the dog's owner who is now behind bars, until he pays a fine for his cruel behaviour.

Ronald Paynter was fined $100 for picking up his two-year-old dog, Zebra, and dropping it from waist-height on Front Street in February, last year.

But he was sent to prison until he could pay the fine by Magistrate the Wor.

John Judge. As he was led away two of his friends demanded that he keep his dog and said they would take the matter to the "World Court.'' And one man shouted at SPCA officials that they would never take his dog away from him.

The dog which has been in the SPCA kennels since the incident happened 13 months ago, will now be found a new home by the SPCA.

But Mr. Judge refused an application to ban Paynter from keeping any dogs, or other pets in the future.

Paynter, 29, of Parsons Road, Pembroke, was charged with picking the dog up and dropping it in front of witness Miss Sarah Cook in Hamilton.

He denied the offence stating that he had picked up the dog and put it on his shoulder.

Assistant Dog Warden, Mr. Jeffrey Benevides said he had found Paynter with the dog and it had appeared to be in a nervous condition. The dog was confiscated.

Since then Paynter has appeared in Magistrates' Court a number of times and tried to call witnesses in his defence.

Yesterday, he called Government Veterinary Officer Dr. Neil Burnie and Dog Warden Mr. Leonard (Shinah) Simons Dr. Burnie agreed with Paynter that the dog showed no signs of being treated cruelly but stressed that the incident may not have caused physical injury. He agreed that picking a dog up by its fur was causing unnecessary suffering and was cruel.

Mr. Simons admitted to Paynter that he had asked him to allow the dog to be adopted. He said he had offered to find a puppy for Mr. Paynter, as a replacement, if he was cleared of the offence.

A further witness refused to enter court on Paynter's request.

Paynter said: "All I want is my dog. It has been away for so long. I never treated him badly.'' He repeated an accusation that Miss Cook had fabricated the accusations because she wanted to have the dog.

Mr. Judge said: "I agree with the evidence of Sarah Cook that she saw this defendant pick up the dog in a fashion which was obviously cruel. The defendant has done nothing by way of defence.

"He has made a spurious allegation that Miss Cook wanted the dog. I find that ludicrous.'' Prosecuting Sgt. Peter Giles asked that Paynter be banned permanently keeping from keeping animals, but Mr. Judge said that Mr. Simons offer of a puppy would not allow him to make such an order.

During his summing up, Mr. Judge threatened to charge Paynter with contempt if he continued to interrupt. Earlier he had queried whether Paynter was drunk.

The Magistrate fined Paynter $100. The defendant asked for time to pay and Mr.

Judge refused jailing him until he paid the fine.