Snake died from cruelty

Jake, real name Aurelian Smith Junior, was tried in his absence at St Albans Magistrates' Court this week, along with his friend and business partner, London Colney grandmother Valerie Burnham, who was acquitted.

The Burmese python, named Damian, was found coiled in a small Perspex cage by an RSPCA inspector in the garage of the house that Smith shared with Mrs Burnham in White Horse Lane.

It was severely underweight and had mites and a serious mouth infection, which led to its death from pneumonia three weeks later, after it had been taken in by a specialist vet.

The cage was too cold for it and the court heard a snake that size should have had a whole room.

Chairman of the bench Michael Bamford said: "The facilities that were provided were inadequate for the full-time care of a snake.

"It had some features that were potentially dangerous."

Vet Ron Rees Davies gave evidence that the reptile would have lived if it had received specialist care earlier.

Smith, who is known for his gimmick of throwing a snake on defeated opponents, has appeared with Damian on television with celebrities such as chat show host Graham Norton and rock star Alice Cooper.

The 49-year-old, who moved to Guildford in Surrey six months ago, had earlier pleaded not guilty, but failed to appear on Monday, November 1.

His solicitor Anne Woodcock said he would have changed his plea and did not attempt to defend him.

During the trial it emerged that the giant wrestler actually had a phobia of snakes.

The three-day hearing concentrated on evidence concerning 60-year-old Mrs Burnham and Mr Kevin Wicks, 31, of Binfield, Berkshire, who supplied the python to Smith, and was also acquitted.

Prosecutor Bruce Kent argued that Mrs Burnham owned the house and had joint care of the snake and Mr Wicks was also responsible as he was the owner.

But the magistrates accepted Mrs Burnham played little role in the care of the animal and had made some effort to get specialist help.

Mr Wicks' evidence was described as not credible by Mr Bamford, but the magistrates found they had insufficient proof that he was the owner.

The offence of which Smith was convicted carries a maximum six-month prison sentence, but Mr Bamford said he was considering a community penalty and a fine, as well as a ban on owning snakes.

A warrant was issued for the arrest of Smith, who is due to perform in a squash club in Dunstable next Saturday.

If he has not been arrested after three months he will be sentenced in his absence.