Man convicted of beating his dog skips court appeal
Justice of the peace won’t proceed with Deep Bista’s appeal unless he is present
Justice Stuart Konyer won’t proceed with Deep Bista’s appeal unless the Nepalese native is present.
Bista, who pleaded guilty to three counts of causing distress to an animal, was sentenced to nine months in jail and given a lifetime ban on owning an animal by justice of the peace Peter J. Hiscox in May.
Bista’s appeal, which is based on a claim that his lawyer provided inefficient assistance during his plea and sentencing, was supposed to be heard by Konyer in Ontario Court of Justice in Peterborough on Tuesday, but Bista didn’t show.
“My concern is it’s because he doesn’t want to get arrested,” Konyer said, after Bista’s lawyer told the court that his client was too sick to fly back to Canada for the appeal.
Bista, who currently has a warrant out for his arrest, returned to Nepal after he was charged by the Ontario SPCA in September 2017. The SPCA started to investigate Bista when the property manager of an Aylmer Street apartment captured the violent abuse of a Great Dane on surveillance cameras in the stairwell of the apartment.
On three separate occasions, Bista is seen punching, kicking, dragging and choking D.J., his three-year-old Great Dane. On one occasion, the abuse caused the dog to urinate.
Assistant Crown attorney Kevin Doyle said that proceeding without Bista present for his appeal would be dangerous, stating his presence would help ensure that his counsel is acting with Bista’s permission and in his best interest.
Konyer agreed with the Crown and adjourned the matter until Dec. 4, to give Bista time to decide if he would attend or have the appeal dismissed.