Animal Liberation ACT and Animal Liberation NSW published this photo saying it was taken at Wally's Piggery near Murrumbateman.
Animal cruelty charges against the now defunct Wally's Piggery at Murrumbateman have been dropped.
In October, Valent (Wally) Perenc, 64, Stephanie Perenc, 58, and their financial backer WSL Investments Pty Ltd, pleaded not guilty to a total of 53 charges of aggravated animal cruelty, failing to provide veterinary treatment or failing to comply with industry regulations.
But Magistrate Mrs G Beattie dismissed the case in the Yass Local Court on Monday when charges were withdrawn by the prosecutors, RSPCA NSW.
The charges related to a raid on the Murrumbateman property in August 2012 by Yass police, the NSW Food Authority, RSPCA and the Department of Primary Industries. The raid came after footage was published online.
Animal welfare activists Animal Liberation NSW have said the footage was secretly filmed over three months before it was published online and authorities were contacted.
Wally's Piggery and a connected business, Tennessee Piggery, near Young, closed in early 2013 amid public furore over the footage.
An RSPCA NSW spokeswoman said there was "no chance of the reopening the case" in the future.
In a statement made on Thursday, RSPCA NSW described the decision to withdraw charges as "very difficult".
"The decision taken by the RSPCA NSW on the November 17 was made in accordance with its duties as a prosecutor and after consultation with independent counsel appearing for the RSPCA NSW," a spokeswoman said.
"We are disappointed that this footage was not lawfully substantiated by Aussie Pigs and/or Animal Liberation, who initially released the footage to the media instead of giving it directly to one of the enforcement agencies.
"Those responsible for capturing the images subsequently would not provide a statement to RSPCA NSW so none of the evidence released by them could be used in the prosecution."
The spokeswoman said withdrawal of charges was disappointing given the extensive work the RSPCA had undertaken to bring the matter before the court.
But Animal Liberation NSW campaign manager Emma Hurst said it was "really quiet pathetic" the RSPCA were "trying to blame activists for the court case failing".
"These instances would never have been known had it not been for activists filming and publicising them," she said.
