Horses neglected, 38 seized
Tilley, NB (CA)Incident Date: Tuesday, Jul 13, 2010
Disposition: Alleged
Alleged:
» Sandra Tomalin
» Beverley Tomalin
Case Updates: 1 update(s) available
Former Sydenham Township sisters Sandra and Beverley Tomalin, who were banned for life from owning dogs last spring, have had their horse herd seized and were charged by animal welfare authorities in New Brunswick.
The New Brunswick Society for the Prevention of Cruelty to Animals seized 38 horses on the Tomalin's small farm at Tilley, in the northwest part of the province July 13 because it is alleged they weren't being cared for properly, executive director Mike Murphy said.
Most of the animals are with foster families, though some remain in SPCA veterinary care, Murphy said by phone Tuesday.
"The basics that were lacking was the size of the farm for that amount of animals was inadequate," he said.
"We found upon inspection of the animals we found that there were some that were dehydrated, malnourished, that sort of thing."
The sisters face one charge under the New Brunswick SPCA Act which obligates owners to provide "food, water, shelter and care" of animals as set out by regulations.
They are to attend New Brunswick Provincial Court Sept. 7 in Grand Falls.
In April both sisters, Beverley, 71, and Sandra, 68, pleaded guilty in an Owen Sound courtroom to one count each of failing to provide care for their dogs, under the Society for the Prevention of Cruelty to Animals Act. Criminal charges were withdrawn.
They were banned from owning or caring for dogs for life.
Murphy said the society will also apply to recoup costs the society incurred to care for the seized animals. He didn't know the amount but said it will be "fairly costly."
Seizure was the final step in a process which began in May, Murphy said.
Case UpdatesA farmer who befriended two women charged in one of the biggest animal seizures in New Brunswick history says Sandra and Beverley Tomalin felt they were failing as horse owners in the days before 38 horses were removed from their hobby farm near Perth-Andover.
Alvin Watson was one of two witnesses defence lawyer Jim McCue called to the stand - the final testimony in a case of alleged animal cruelty.
Sisters Beverley and Sandra Tomalin are charged with failure to provide adequate food, care and shelter to 38 horses seized last summer.
Under the province's Society for the Protection of Cruelty to Animals Act, the women, who have pleaded not guilty, could be fined $500 to $100,000 while also facing up to 18 months in jail.
Crown prosecutor Charles Couturier also called his final witnesses Thursday.
Due to the complexity of the case, it was agreed final arguments would be submitted in writing to Judge Paul Duffie in the coming months who's expected to return to court with a decision Sept. 16.
Watson's testimony differed from statements made by animal protection officers from the New Brunswick SPCA who said the horses didn't have an acceptable source of drinking water.
Watson also contradicted Crown testimony that the herd of horses was largely in poor health, saying he bartered his services in building a barn and fencing in return for two of the horses, which he described as "pictures of energy" even on the day SPCA workers seized them.
But under cross-examination, Watson said 25 to 30 per cent of the herd was in bad health to the point that they needed immediate veterinary care.
He said some of the horses needed "more flesh," but there wasn't a large enough grazing field.
Watson also said a long and difficult ride from their previous home in Ontario, where the two sisters once resided, saw the horses arrive in that condition.
He concluded his testimony by saying the sisters felt they were failing as horse owners.
The Tomalins moved to Tilley in April 2010.
They had previously lived in Owen Sound, Ont., and in 2008 were banned from caring or owning dogs after 100 dogs and one cat were removed from their rural home.
They moved to New Brunswick a month after pleading guilty to one count each of failing to provide care for their dogs under the SPCA Act.
Alvin Watson's brother Alfred was the defence's only other witness.
He testified the herd was in good springtime condition, with no marks or wounds, although one of the horses had a bad eye and about four were too thin.
Couturier's final witnesses built on prior testimony in May that described the horses as suffering from hoof problems, being underweight and covered with scars when removed from the 58-hectare property July 13.
One animal protection officer said Thursday that he found a dead horse half buried and swarming with flies on the day that 38 horses were seized.
Animal protection officer James Parish said he also found a second animal, a foal, dead.
David Lynch, an animal protection officer from the SPCA who took part in the horse seizure, recounted that several of the horses suffered from open wounds and fly bites like he had never seen before.
Lynch also helped take care of the 38 horses after they were seized and transported to a government-owned barn in Fredericton. After court, he said it was a hard thing to see happen.
"In the course of the job you kind of get attached to the animals and I was there when the three were put down and it was upsetting," Lynch said.
"That's the reason we do the job, so that kind of thing doesn't have to happen." | Source: canadaeast.com - Jun 24, 2011
Update posted on Jun 24, 2011 - 3:56PM |
References- Owen Sound Sun Times - July 27, 2010
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