A MAN who took revenge on his ex-girlfriend by pouring bleach into her tropical fish tank has been spared a prison sentence.

Kenneth Harding was prosecuted by the RSPCA after killing eight fish he had bought for Tanyia Burns and her young son.

Harding, aged 24, called at Ms Burns's home in Kidsgrove on September 13 to pick up his belongings and retrieve the fish.

While she was upstairs he poured bleach into the tank causing the water to "fizz up" and the fish to swim erratically and die.

Harding, of Rode House Close, Rode Heath, previously admitted causing unnecessary suffering to a protected animal. He was sentenced at North Staffordshire Magistrates' Court yesterday.

Andrew Meachin, prosecuting for the RSPCA, said Harding had initially denied causing any harm to the fish and had left the property quickly. But he said he later admitted his actions to Ms Burns saying: "If I can't have them, then you can't have them."

Mr Meachin read out the findings of a vet who confirmed the fish would have suffered before their death.

Stephen Vassey, mitigating, said Harding had been under emotional stress at the time following the breakdown of his relationship and loss of his job.

Mr Vassey said: "Tanyia Burns asserts that he had not been living there. He had been living there. She wanted him to leave as soon as he had been made redundant and lost his employment."

Mr Vassey said Harding had since found another job, but had lost it after the case had been reported in The Sentinel.

He urged magistrates not to disqualify Harding from keeping animals due to the effect it would have on the two dogs and 20 outdoor fish which resided at the home he shared with his parents.

He said: "This is not a sustained period of cruelty. The fish died very, very quickly."

Harding was given a two-year community order, 100 hours' community service and ordered to pay £750 costs.

Chairman of the bench Trevor Bould said they had considered a custodial sentence, but had decided against it.

He also said they had agreed not to ban Harding from keeping animals.

He added: "We took a lot of time to discuss disqualification and did seriously consider it."

Speaking after the sentencing, RSPCA inspector Dawn Burrell said she was glad the magistrates had taken the offence seriously.

She said: "I think the magistrates have sentenced reasonably. Cases of animal cruelty should be brought to courts' attention whether the animal involved is a fish or a horse."

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