Attorneys/Judges
| Prosecutor(s): | Brendan Evans | | Defense(s): | Giacomo Negro | | Judge(s): | Marietta Roberts |
CONVICTED: Was justice served?
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Case #13613 Rating: 2.6 out of 5
Cattle neglect, 60 sick, 56 more dead
Princeton, ON (CA)Incident Date: Friday, Apr 11, 2008
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: John Beulenkamp
Case Updates: 2 update(s) available
The heap of brown and white fur was visible from the side of the road, but the cattle remains in plain view were only the beginning.
Including the handful in view, there were 56 dead cows and at least 60 more in poor condition, said Kristin Williams, spokesperson for the Ontario Society for the Prevention of Cruelty to Animals (OSPCA).
An inspection officer from the Oxford office and a representative from the Ministry of Agriculture Food and Rural Affairs arrived at the dilapidated farm on Oxford Road 2, just east of Princeton on Friday.
They were equipped with a warrant, following at least one call reporting cruelty or neglect to the animals on the cattle and chicken farm.
What they found was beyond expectation.
"A vet has been called to attend the scene," Williams said, adding that subject to the investigation, the owner may be charged and have the animals, both sick and well, removed.
Williams described the cattle as being "severely underweight and living in a filthy environment."
The Oxford Community Police Service was also called in to assist with the investigation, but the OSPCA is taking the lead. "Everyone gets taken care of," said farmer John Beulenkamp, standing outside his property. "Everyone gets fed."
The cattle died, according to Beulenkamp, from bloody scours, which is diarrhea in livestock. He says others are skinny because of the disease, not improper care.
"I was going to dig a hole and bury them when it was warmer," he said.
His voice shook and he was on the brink of tears, saying he was shocked to find the OSPCA and ministry at his home.
"I don't know whose bright idea it was to call," Beulenkamp said.
A Christmas Eve blaze burnt his family farmhouse to the ground in 2005. Its rusted frame still lies in ruin. Beulenkamp has been living in a trailer on the property ever since.
Of the 15,000 cases of animal abuse or neglect reported to the OSPCA each year, about 1,400 are agricultural.
When animal abuse or neglect charges are laid, the conviction rate is between 80 and 90 per cent, Williams added.
The agency has the ability to charge an individual with animal cruelty under both federal and provincial legislation.
Federal Bill S-203, which passed in the House of Commons on Wednesday, increased the prison term and fine for animal cruelty to five years in prison and a maximum fine of $10,000 for an indictable offence.
Williams said provincial OSPCA Act is more lenient.
Under the Animal Disposal Act, it is the law to properly dispose of dead animals, all but those slaughtered for food, within 48 hours.
On Sunday afternoon, the remaining cows on the farm could be seen eating fresh hay.
"We will continue to monitor the care of the animals," Williams said Sunday afternoon. "We've left instructions with the owner. If he fails to comply, there may be charges or the animals may be seized."
The investigation is ongoing and the final report from the veterinarian is not expected for several days.
Case UpdatesA case of animal cruelty that has taken several years to wind its way through the justice system was finally resolved on Thursday.
John Beulenkamp pleaded guilty to one count of willful neglect and failure to provide suitable food, water, shelter or care to his herd of cattle, and one count of failure to remove the carcasses of dead animals within 48 hours of their death.
In March 2008, the Ontario Society of Prevention of Cruelty to animals found 57 dead cattle, many intermingled with his live cattle, on his 38-hectare Oxford Road 2 farm.
Beulenkamp's herd was later found to be suffering from an E. coli-related diarrheal disease â€" or a bloody scours outbreak â€" that caused progressive starvation and death.
"It is patently obvious but for the intervention of the society … the entire herd of cattle would likely have perished," acting Crown attorney Brendan Evans said. "All of the evidence points to the reasonable conclusion that the accused had completely lost control over conditions of his farm."
Justice Marietta Roberts fined Beulenkamp $3,000 and sentenced the Princeton farmer to three years of probation as "a message of deterrence."
"When things overpower us, we have to ask for help," she told Beulenkamp after sentencing. "Don't let things get to such a state again."
Under the terms of Beulenkamp's probation, the OSPCA now has the right to make unexpected monthly inspections of his livestock.
During the course of the morning hearing, the court reviewed 12 photos depicting Beulenkamp's cattle taken by OSPCA employee Carol-Ann Vanderheide, the chief inspector on the case.
The photos depicted cattle piled on top each other, some with bleached bones showing, indicating the remains had been there for some time.
Vanderheide told the court what she found inside a drive shed on the property that she inspected.
"Everywhere I looked I observed dead livestock," she said.
She said she saw dead cows lying next to live cattle and observed cattle who had died while attempting to give birth. Several dead cows were huddled together in a large feeder, she continued, and another died with its head wedged between two boards.
Other cattle in the herd were thin and living in "extremely filthy conditions," she said.
Under cross-examination by defense attorney Giacomo Negro, Vanderheide conceded there was feed available to the animals.
However, Negro did tell the court that his client did make a mistake.
"He should have called a vet, and there were cattle he should have disposed of," he said.
Negro explained his client had farmed with his father, who had received veterinary training in the Dutch cavalry and often treated his animals himself. He also said the last several years had been "economically devastating" for Beulenkamp.
Not only did his uninsured home burn down on Christmas Eve of 2005, he also suffered the loss of more than half his herd.
For the past six years, Beulenkamp lived on a trailer located on the property.
"This is a man who I suggest simply became overwhelmed," Negro said. "It makes no economic sense to lose half your herd. He should have called a veterinarian."
More than 50 cows were returned to Beulenkamp in June 2008 after an Animal Care Review Board hearing granted him permission.
Follow-up inspections by the OSPCA found his livestock "to be healthy and in excellent body condition," Negro said. | Source: woodstocksentinelreview.com - Feb 17, 2011
Update posted on Feb 17, 2011 - 3:42PM |
A trial date has finally been set for the Princeton- area farmer charged after more than 50 dead cattle were discovered on his property more than two years ago.
John Beulenkamp will face a one-day trial on Feb. 17, 2011, with a confirmation hearing scheduled for Jan. 6.
"The important part of this is if we set aside a day, it must occur with or without a lawyer," Judge Marietta Roberts said to Beulenkamp.
Roberts is referencing delays to the justice process caused by the dismissal of previous lawyers by Beulenkamp in the past.
In April 2009, assistant Crown attorney Michael Carnegie emphasized the need for some movement on the case.
"This is a serious matter," he told justice of the peace Michael McMahon. "We have to move forward somehow."
By June 2009, Beulenkamp had already made 12 court appearances.
The farmer's six charges of animal cruelty resulted from a lengthy 2008 investigation by the Ontario Society for the Prevention of Cruelty to Animals and local police at his Oxford Road 2 farm near Princeton.
When authorities were alerted in April 2008, some of the dead cattle, lying next to the survivors, were visible from the highway while knee-deep manure obscured the floor of the barns.
Under the Animal Disposal Act, it is the law to properly dispose of dead animals, all but those slaughtered for food, within 48 hours.
The surviving cattle were described as being "severely underweight and living in a filthy environment." At the time of the investigation, Beulenkamp said he cattle died from bloody scours, which is diarrhea in livestock. | Source: Sentinel-Review - Aug 19, 2010
Update posted on Aug 25, 2010 - 4:25PM |
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