Five-year ban over neglect of elderly Jalupae


Two Canadian men found guilty of starving an elderly horse, who was later killed by hanging from an excavator, have been banned by a British Columbia court from owning animals for five years.

Brentwood Bay residents David Whiffin and Clayton Cunningham were found guilty under the Criminal Code of causing unnecessary suffering by failing to provide proper veterinary care or adequate food for Jalupae, 27, which caused the appaloosa gelding to starve to the point of emaciation.

The two men had also tied ropes around the horse’s neck and attached it to the back of an excavator, raising Jalupae off the ground until he died.

Marcie Moriarty, general manager of cruelty investigations for the British Columbia SPCA, supported the ban.

“These individuals have clearly demonstrated that they have no business owning animals — ever.”

Whiffin, the owner of the horse, also received a $C7500 fine, 60 days of  probation, and was ordered to pay a veterinary bill of $C297.

Cunningham, the caretaker of the horse, received 12 months probation and 100 hours of community service.

While the pair was found guilty under Criminal Code section 445.1 (1) (a) for starving the horse, the court did not proceed with the charge relating to the killing of the animal, saying that there was not enough evidence to prove the horse suffered before death.

“We still feel that these individuals benefited from a loophole in the criminal code that prevented them from being found guilty of such a heinous act,”  Moriarty said.

“However, we are pleased that the judge recognized the seriousness of their actions in failing to provide adequate care for Jalupae and essentially starving this horse, causing him significant suffering.

“While we’d like to see jail time, the significant fine and ban on owning animals will hopefully send a message that this failure to provide care for an animal is not acceptable.”

The maximum sentence on such a conviction includes a fine of up to $C10,000, up to 18 months in jail, and a prohibition on owning animals.


Earlier articles:
SPCA slams legal loophole in Canada over horse hanging – Dec 14, 2011
Horse-hanging court appearance draws protesters – Jan 7, 2010
Pair named over alleged horse hanging – Nov 18, 2009
Pair charged over hanging of horse – Nov 15, 2009

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