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Saturday, Nov 5, 2005
Alleged: David Maxwell
O'Rourke Transportations Inc., of Dublin, Ontario, and David Maxwell, 60, of Brucefield, Ontario have each been charged by the Ontario SPCA with four counts of animal cruelty under the Criminal Code of Canada and one count under the Dead Animal Disposal Act of transporting dead animals in the same container with live animals.
The Criminal Code charges include: causing damage or injury to the cattle by continuing to transport them when they were sick or injured or were likely to become sick or injured; causing unnecessary pain or suffering to the animals by continuing to transport them when they were sick or injured; wilfully neglecting an animal; and wilfully causing unnecessary pain or suffering to an animal by failing to provide adequate medical attention when the animal was injured.
The charges follow the November 5, 2005 discovery of 15 dead cattle inside the rear compartment of an O'Rourke Transport Inc. truck driven by Maxwell. The cattle died when nine cattle from the upper compartment fell into the lower compartment containing 16 cattle. Based on the strong smell and evidence of decay, including bloating, hair falling off, and sunken eyes, it appeared that the cattle had been dead for at least two days. Further investigation revealed that Maxwell drove 48 hours from Saskatchewan to Ontario with dead cattle on the truck.
One steer that was being transported in the lower compartment was found underneath the dead carcass of another that had fallen from above. The steer was suspected of suffering a broken back during the incident and was therefore humanely euthanized under the order of a veterinarian at the scene.
O'Rourke Transportation Inc. and David Maxwell are to appear in Ontario Court of Justice, Walkerton on June 13, 2006.
OSPCA - May 17, 2006
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