Verdict expected in early November
David Whiffen and Clayton Cunningham broke their silence, when the co-accused Cunningham addressed the judge during closing arguments B次元官网网址� after both passed on taking the stand during their four-day trial.
The two are charged with causing unnecessary pain and suffering to an animal and failing to provide the animal with the necessities of life, when Jalupae, an Appaloosa horse, was allegedly hung to death by tying a rope around its neck and lifting it with an excavator. The incident allegedly took place on Sept. 15, 2009 at a farm in Brentwood Bay.
B次元官网网址淚 donB次元官网网址檛 think a situation like this will happen again,B次元官网网址� Cunningham said. B次元官网网址淯nless they were cruel.B次元官网网址�
In between whispers to Whiffen who sat next to him, Cunningham chastised and wondered out loud why the media hadnB次元官网网址檛 ask the two accused about the facts as the trial played out.
He pointed to the age of the horse, reported as 25 years by some media outlets, as inaccurate when he believes the horse was 27 when Whiffen acquired him at no cost.
Cunningham produced and referenced two documents but Judge Sue Wishart prevented him from using them because they had not been previously entered as evidence.
Crown prosecutor Catherine Murray didnB次元官网网址檛 take long to jump on his final words, targeting the word cruel towards Whiffen, pointing to his B次元官网网址渨illful neglect and cruelty towards that animal,B次元官网网址� in ignoring advice to help the horse, who was no longer B次元官网网址渁ble to take in the food it was provided.B次元官网网址�
She went further by saying no one, not even defence witness Stephan Ouellet, who said he witnessed the event, could know for certain the horse was dead after the hanging and suggested it could have been B次元官网网址渂uried alive.B次元官网网址�
Wishart quickly interrupted, stopping Murray from suggesting a scenario that could not be proven and had not been entered as evidence.
B次元官网网址�(Whiffen) didnB次元官网网址檛 know what good care was,B次元官网网址� Murray said. B次元官网网址淎nd that goes to culpability as well.B次元官网网址�
Defense attorney William Heflin drew the most animated response from attendees which included eight members of Justice for Jalupae, when he closed with, B次元官网网址淭here is no rule under legislation, regarding the protection of animals or humans, that you have to die fat.B次元官网网址�
Because Wishart will be away, the verdict is not expected until after Nov. 4.
editor@goldstreamgazette.com
