Friday, November 27, 2009

Humane society boss charged with animal cruelty


Animals left to die in cages. Some suffocating on their own phlegm. Cats with skin hanging off their bones.

That picture – painted by the Ontario Society for the Prevention of Cruelty to Animals – followed an afternoon raid on the Toronto Humane Society that led to the arrest of president Tim Trow and four others for a handful of criminal charges, including cruelty to animals.

During the arrests, a pit bull-Labrador cross named Bandit that lived in Trow's office was pepper sprayed into submission when he attacked a police officer. The drama ended with Trow walking out of the River St. building in handcuffs, with a police officer on each arm. As cameras flashed off the cruiser's windows, Trow stared straight ahead and did not answer questions.

"The animals are left to suffer in cages," said Christopher Avery, a criminal lawyer representing the OSPCA. He said the OSPCA has a "board room" full of vet records, photographs and video statements from current and former employees, detailing the allegations: suffering animals, food covered in feces, and a lack of disease and pathogen control.

THS spokesman Ian McConachie said there was nothing wrong with the shelter's standard of care.

"I'm in there every day. Some animals are old, some are sick, but if you go to St. Mike's (hospital), it's the same thing with people. Some get better, some pass away. We give them that opportunity," he said.

The charges came from OSPCA investigator Kevin Strooband, who has the same powers as a police officer. Toronto police were on hand for public safety during the execution of the search warrant. Avery said the search warrant will allow investigators to match alleged tales of abuse with animals currently at the shelter. The THS is expected to be closed to the public until Tuesday.

The search and charges appeared to blindside the THS. McConachie said he hadn't heard from the OSPCA since June. He was in a "state of shock" Thursday as he paced outside the building in a T-shirt, locked out of his office.

"It's a dark day for animals altogether. These charges are nothing but political motivation," he said, adding that a third party should have done the investigation.

"That's like complaining that the Toronto police investigated you when you live in Toronto," Avery responded.

Avery said the OSPCA is not against the THS, just its management. "The THS is a wonderful organization that's been around for over 100 years caring for the animals of the city, except for the reign of Tim Trow and his current management team," he said.

"We're only here to help them get back on their feet."

Thursday's raid came after a tumultuous year for the THS. The OSPCA launched its investigations in June, after a newspaper report described a dysfunctional shelter at which animals allegedly suffered because veterinarians were overruled and staff intimidated by Trow, a retired lawyer known for his reluctance to euthanize animals.

In fact, the dog that was pepper sprayed by police, Bandit, was sentenced to death by the court after he mauled a 3-year-old in 2003. The THS appealed the decision and Trow has kept the dog in his office. Bandit is in veterinary care following the pepper-spray incident.

Trow, general manager Gary McCracken, head veterinarian Steve Sheridan, manager Romeo Bernadino and shelter supervisor Andy Bechtel were charged with conspiracy to commit an indictable offence and cruelty to animals.

Everyone but Sheridan was also charged with obstruction of a peace officer, for allegedly hiding and euthanizing sickly animals prior to a June OSPCA visit.

Avery said a guilty conviction for an animal cruelty charge carries a maximum sentence of five years in jail, while the obstruction conviction would carry a maximum two-year sentence.

All five men and the board of directors face additional charges under the Ontario SPCA Act for animal cruelty.

Avery said the charges will not dissolve the board.

"I'm sure the membership would not be pleased," he said. "We're hoping they appoint a supervisor from the office of the public guardian and trustee."

That office, which is part of the Ministry of the Attorney General, deals with dissolved corporations.

With files from Denise Balkisoon, Tamara Baluja and Daniel Dale

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