"But when the assistant went to investigate he found the locking bar to the vivarium was not on and the animal was missing."
The court heard the CCTV footage was reviewed which showed Pemberton taking the tortoise.
Mr Knowles said that when the defendant was interviewed he told police he could not recall the incident but admitted he must have sold the animal to fund his drug habit.
Pemberton, of Stoke, pleaded guilty to stealing the tortoise.
He also admitted possession of heroin and two offences of possessing class B drugs.
Lee Yates, mitigating, said his client had pleaded guilty to the offenses at the first time of asking. He added: "Mr Pemberton has been hospitalized due to health problems concerning his drug addiction. He is receiving help for his addiction." Magistrates jailed Pemberton for 18 weeks but suspended the sentence for 12 months because drug treatment had started. He was also ordered to pay £300 compensation, £85 costs and an £80 victim surcharge. But Elizabeth Johnson, who works at Glovers, said the defendant should have been sent to prison.
She added that the staff will still concerned for the tortoise's welfare. She said: "It's all been very strange, and we still don't know where the tortoise has gone. The police said we can claim for the money, but it's not about the money, it's the animal's welfare. We've no idea if they were keeping it well, but it's expensive to keep a tortoise in the right condition, so we're very worried. To steal an animal you know you can't look after just for money is absolutely disgusting. He could have killed him. The sentence is way too low, he should have been sent to prison."
Lee Yates, mitigating, said his client had pleaded guilty to the offenses at the first time of asking. He added: "Mr Pemberton has been hospitalized due to health problems concerning his drug addiction. He is receiving help for his addiction." Magistrates jailed Pemberton for 18 weeks but suspended the sentence for 12 months because drug treatment had started. He was also ordered to pay £300 compensation, £85 costs and an £80 victim surcharge. But Elizabeth Johnson, who works at Glovers, said the defendant should have been sent to prison.
She added that the staff will still concerned for the tortoise's welfare. She said: "It's all been very strange, and we still don't know where the tortoise has gone. The police said we can claim for the money, but it's not about the money, it's the animal's welfare. We've no idea if they were keeping it well, but it's expensive to keep a tortoise in the right condition, so we're very worried. To steal an animal you know you can't look after just for money is absolutely disgusting. He could have killed him. The sentence is way too low, he should have been sent to prison."
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