Judge cites SPCA conflict in seizure of 10 horses

By JORDAN PRESS

Friday, April 8, 2005 Page A13

The Hamilton SPCA was more interested in raising money than saving what it believed were abused horses, a judge ruled yesterday.

The Crown could not prove the seizure of Cindy Pauliuk's 10 Peruvian Pasos by the Society for the Prevention of Cruelty to Animals two years ago was not laden with conflicts of interest, Mr. Justice Anton Zuraw wrote in his ruling. He dropped the charge that Ms. Pauliuk failed to adequately care for the animals.

"To get to the nub of this case, I must deal with . . . what is truly some of the most bizarre evidence I have heard in close to 40 years, in a case that has cast doubt on the integrity of one of society's most respected institutions -- the Hamilton Burlington S.P.C.A.," he wrote.

According to court documents, the SPCA found the conditions the horses lived in were insufficient and called in a veterinarian to take the animals. The judge said a conflict of interest arose because the vet was a member of the SPCA's board of directors and involved in fundraising. He also profited from the seizure, Judge Zuraw ruled.

During the trial, one SPCA member testified the incident was used to garner more donations, the judge wrote.

In an interview, Jim Sykes, president and CEO of the Hamilton SPCA, said he agreed with the judge that the society should become more transparent. Mr. Sykes said his group has made moves to prevent any more conflicts of interest.

But he disagreed with the judge's statement that the SPCA needed high-profile arrests to keep it going.