Brentwood Bay resident David Whiffin has been charged with breach of probation after failing to comply with a ban on owning animals imposed earlier this year. Whiffin, who appears in court on May 31 to face the charge, was found living on a property with dogs, geese and a miniature horse.
Whiffin and Clayton Cunningham, who starved and hung their 27-year-old Appaloosa gelding named Jalupae, were sentenced in March to a five-year ban on owning animals.
Both were found guilty under the Criminal Code of causing unnecessary suffering by failing to provide proper veterinary care or adequate food for the horse, which caused Jalupae 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.
Whiffin, the owner of the horse, also received a $7,500 fine, 60-day probation, and was ordered to pay the vet bill of $297. Cunningham, the caretaker of the horse, received 12 months probation and 100 hours of community service.
While the pair was found guilty under the 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, noting 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,” says Moriarty. “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.”
March 30, 2012
Brentwood Bay residents receive five-year ban on owning animals
Brentwood Bay residents David Whiffin and Clayton Cunningham, who starved and hung their 27-year-old Appaloosa gelding named Jalupae, were sentenced today to a five-year ban on owning animals. Both were found guilty under the Criminal Code of causing unnecessary suffering by failing to provide proper veterinary care or adequate food for the horse, which caused Jalupae 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 BC SPCA, supports the ban. “These individuals have clearly demonstrated that they have no business owning animals—ever,” she says.
Whiffin, the owner of the horse, also received a $7,500 fine, 60-day probation, and was ordered to pay the vet bill of $297. Cunningham, the caretaker of the horse, received 12 months probation and 100 hours of community service.
While the pair was found guilty under the 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, noting 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,” says Moriarty. “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 $10,000, up to 18 months in jail, and a prohibition on owning animals.
Photo caption: Jalupae prior to his death
The British Columbia Society for the Prevention of Cruelty to Animals is a not-for-profit organization reliant on public donations. Our mission is to protect and enhance the quality of life for domestic, farm and wild animals in B.C.