A man convicted of abusing almost 100 ducks, goats and chickens in his care narrowly averted sentencing yesterday when a last minute notice of appeal was filed immediately before his scheduled court appearance.

Antoine Kevin Sealey, 32, of Smith's Parish was originally charged alongside Glenn Richardson, 42, of ten counts of animal neglect between January 1 and May 29, 2001.

Both men were convicted of four of those charges last month before Magistrate Will Francis - wilfully causing unnecessary pain and suffering to eight chickens; failing to provide suitable food, water, shelter and care for 52 chickens; failing to provide suitable food, water, shelter and care for 36 goats; and wilful neglect of three ducks.

While Richardson was fined a total of $1,200 - $300 on each count - the sentencing for Sealey, who owned the Smith's Parish farm where SPCA inspectors found dead and malnourished animals strewn about the property, was postponed until yesterday in order to assemble his record of previous convictions of a similar nature.

The Royal Gazette understands prosecutors intended to seek the maximum punishment under the law for animal abuse - 12 months in prison or $1,000 on each charge, an order for Sealey to pay compensation, and, an order that Sealey be prohibited from owning animals in the future.

But Sealey's defence lawyer Paul Harshaw presented Crown Counsel Juan Wolffe with the notice of appeal just minutes prior to proceeding into the court.

Mr. Harshaw apprised Magistrate Francis of the legal developments and the matter was adjourned pending the outcome of the appeal.

Sealey's bail was also extended.

Mr. Harshaw also requested the Magistrate declare that all the remaining animals and the farm equipment be returned to Sealey but Mr. Francis said such a declaration was outside his authority.

Sealey was evicted from the farm, by landlord Works and Engineering, and its tenancy was taken over by the SPCA.

SPCA workers have been caring for the remaining animals at the organisation's expense since that time and The Royal Gazette understands the prosecution intends to seek compensation of more than $15,000.