Puppy-killing charges stayed in delayed trial

CBC News Posted: Feb 16, 2011 9:24 PM PT Last Updated: Feb 16, 2011 9:24 PM PT

A Quadra Island family is outraged after charges were dropped against the man accused of shooting and killing their puppy in September 2008.

Cody Wellard, of Victoria, was charged with wilfully and unlawfully killing a dog and careless use of a firearm in connection with the death of the 14-week-old Jack Russell terrier. The dog belonged to cancer survivor, Max Rose, who was then 12.

On Wednesday a Campbell River judge stayed the charges, saying it's taken too long to bring the case to trial.

Outside the court, the boy's father, Nick Rose, said his family was denied justice.

"I don't know what you're supposed to tell your children," said Rose. "That 'Oh ya, a guy can shoot your puppy in the head, can get away with it, and he just has to wait long enough and then it all goes away.' What does that tell young people?"

Provincial Court Judge Peter Doherty blamed the delay, in part, on a shortage of judges in Campbell River.

Wellard, 33, who maintained the shooting was accidental, was not in the court Wednesday to hear the decision.

Max Rose and Seymour, the Jack Russell terrier puppy allegedly shot to death by a passing hunter in 2008. (Submitted by Mick Rose