A WOMAN appealing against an animal cruelty conviction will have to wait until September to find out whether she has a case.

Rachel Ashworth was found guilty of 17 charges of animal cruelty in December last year after RSPCA inspectors found over a hundred dogs and cats in "appalling conditions" at Rose Cottage in Low Marishes, between Malton and Pickering, where Ashworth lived with her mother, Edwina.

Ashworth, 31, was banned from keeping pets for 10 years and given 200 hours' community punishment.

The RSPCA welcomed the sentence, but, after the hearing, Ashworth said she would appeal and on Friday a judge at York Crown Court adjourned appeal proceedings to hear more evidence.

The court heard from Ashworth's barrister that her mother had written a letter claiming sole responsibility for the animals and that Ashworth had only ever pleaded guilty because her mother was ill.

Ann-Marie Gregory, defending, said Ashworth had already served the community punishment, but wanted her disqualification reduced.

Miss Gregory said: "Her (Ashworth's) mother had at least five, possibly eight, strokes and my client said that if it got the case over and done with then she was prepared to plead guilty and that's what happened."

But RSPCA prosecutor Tim Bergin said although Ashworth claimed she "loved the dogs to bits" many of them were found with matted coats, dermatitis, conjunctivitis and worms.

In December, Bridlington Magistrates Court heard RSPCA investigator Gill Corder found dogs packed into rooms and outbuildings with as many as 44 in a living room. Insp Corder described peering into the room, which was without electricity, to see "a sea of dog eyes shining in the torchlight on all levels".

Further investigation found a "puppy room", full of 12 dogs, and an "oldie room" with seven to eight older dogs who "didn't realise what was happening". There was also a "cat room", from which numerous cats were trying to escape. "My eyes were watering and I felt quite sick at the stench of it," said Insp Corder.

She called Malton vet Torben Orskov to the scene. He said he was "utterly appalled".

Miss Gregory said an RSPCA officer had visited Rose Cottage in 2003 when there were many animals living there and had not had any concerns. But the situation had deteriorated.

She said the health of Edwina Ashworth, who has pleaded guilty to 34 counts of causing unnecessary cruelty to animals, had caused the problem.

Judge Jim Spencer QC adjourned the appeal to September 15, but said Ashworth would have to pay for Friday's court proceedings. He said: "Everybody knows that the RSPCA has limited resources and because she (Ashworth) made this application and it was so late that nobody could prepare for it, it seems only fair she should pay the costs."

Updated: 10:03 Tuesday, April 25, 2006