Sentencing in cat-killing case postponed
Hearing set over for one month due to one of the accused having COVID-19 symptoms
PORT AUX BASQUES — The sentencing hearing for the two people convicted of killing Mittens the cat more than two years ago in Port aux Basques was delayed on Wednesday when one of them showed up to court with symptoms associated with COVID-19.
Judge Lynn Cole said Peter Rossiter could not be allowed into the court because he had multiple symptoms of COVID-19.
She said Rossiter, who is from O’regans, was told he could appear by telephone, but he didn’t have one with him.
Cole suggested the hearing could proceed by having the victim impact statements read into the record.
But Rossiter’s lawyer, Peter Chaffey, was opposed to that happening, saying he preferred his client to be present when they were read.
After looking at one of the statements, Chaffey said there could be an issue with it, and he wanted to review it with Rossiter first, but that could take time. He said Rossiter planned to contact 811 after court.
Crown prosecutor Jill Quilty said this was the second time Rossiter has arrived at court with flu-like symptoms and that was concerning to her.
Quilty told Cole that she was prepared and ready to proceed, especially after having travelled from St. John’s for the appearance.
When Cole said she was open to suggestions on how to make that happen, Quilty said the Crown doesn’t have a lot of resources in Port aux Basques. The court there operates as a circuit court out of Stephenville.
Cole said she has to be conscious of the COVID-19 health measures and of ensuring the safety of court staff.
Trevor Murphy, representing Jody Anderson, Rossiter’s co-accused, was also against proceeding with his client’s hearing, because the two had been tried in a joint trial.
Cole set the sentencing hearing over to May 21 in Port aux Basques. She will also call the matter on May 5 in Stephenville for status to find out if Chaffey will present any argument in relation to the contents of the victim impact statement.
Rossiter and Anderson, who is from Port aux Basques, were convicted on Dec. 1, 2020 of killing Mittens. Charges of causing the animal unnecessary suffering were stayed.
Mittens was killed with an axe in Anderson’s apartment in September 2019.
Anderson had taken in the cat at the request of a local rescue group after the death of its original owner.
During their trial in October a woman, who was present in the apartment when Mittens was killed, testified seeing Anderson and Rossiter go in a bathroom with an axe and an empty garbage bag, and that one of them was carrying the cat.
When they came out Rossiter was holding the garbage bag, the woman testified. There was something in the bag, but it was not moving and the woman did not see the cat after that, nor did she see what was in the bag.
Rossiter and Anderson took the bag and left in his car and were gone for about 15 minutes, the woman testified.
They were arrested in October 2019.