Animal Advocates Watchdog

Humane Society case withdrawn *PIC*

http://www.nationalpost.com/news/canada/toronto/Humane+Society+case+withdrawn/3406791/story.html

Humane Society case withdrawn

Liem Vu And Kevin Gallagher, National Post · Tuesday, Aug. 17, 2010

More than eight months after a high-profile raid at the Toronto Humane Society's downtown offices over allegations of animal cruelty, the Crown has dropped all charges against five former employees, including then-president Tim Trow.

"After careful assessment of the material available to us and the applicable legal principles, the Crown has determined that all of the charges before the court today should be withdrawn," said Crown attorney Christine McGoey.

The Crown cited "serious breaches" to the Charter of Rights and Freedoms.

The decision was met with anger and frustration from the Ontario Society for the Prevention of Cruelty to Animals, which obtained the warrant that resulted in a 56-day search of the Humane Society building (located at 11 River St.).

"If the Crown feels there are technical breaches in the warrant, then this should be determined by a judge," said Brain Shiller, lawyer for the OSPCA.

The organization felt its warrant was legal, having been approved by a Justice of the Peace and examined by two other judges.

"The Crown spent more time preparing their documents for withdrawal than they did examining the evidence," said Rob Godfrey, chairman of the OSPCA, standing near portraits of six injured cats rescued from last fall's raid.

On Nov. 26, 2009, Mr. Trow and four other Humane Society employees were handcuffed and led out of the facility in front of a media throng. Both OSPCA officials and civilians reportedly discovered "disease-infested" animals, including a mummified cat in the ceiling.

Gary McCracken, Steve Sheridan, Andy Bechtel, Romeo Bernardino and Mr. Trow, all of whom occupied high-ranking positions, were charged with obstructing a peace officer as well as cruelty to animals, causing unnecessary suffering.

Ms. McGoey claims there were several legal problems in the search that rendered the evidence inadmissible.

The warrant was executed too broadly and did not include a proper end date for the search, she said. Also, an excessive amount of evidence was obtained at Mr. Trow's residence, she said, including pens, his passport, a diamond pendant and prescription drugs.

Media tours given by OSPCA during the searches were also deemed out of line, said Ms. McGoey.

"The OSPCA has proven itself quite capable in terms of spinning a story," said Scott Hutchison, legal counsel for Mr. McCracken. The OSPCA defended itself against accusations that it publicized the raid beforehand.

"We did not inform the media of the raid. This has become folklore and it is absolutely untrue," said Kate Mac-Donald, chief executive officer for the OSPCA.

Andras Schreck, Mr. Trow's lawyer, believes the OSPCA should have operated with more subtlety.

"A decision to handcuff Mr. Trow, who had no criminal record, and parade him in front of cameras was completely unjustified," he said. "There's no reason why he shouldn't have been given a summons or appearance notice."

The Toronto Humane Society issued a statement late yesterday afternoon expressing optimism for the withdrawal, but noted that because of the "long process ... the image of the Society [had] been severely damaged".

Currently, the OSPCA has no recourse for an appeal and cannot press further charges on Mr. Trow or the other four defendants.

Mr. Godfrey is appealing to Ontario Attorney-General Chris Bentley to review the Crown's decision and is asking the public to do the same by writing to their local MPP.

When asked whether Mr. Trow or the other defendants will seek compensation in the civil courts, Mr. Hutchison said:

"I think everyone is still absorbing this and they will make a decision in the coming days."
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"The Crown spent more time preparing their documents for withdrawal than they did examining the evidence," said OSPCA chairman Rob Godfrey, above, in relation to the charges being dropped against former THS staff, including former president Tim Trow, below.Peter J. Thompson, National Post

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