Man appealing conviction in Peterborough dog beating case

A man caught on video repeatedly beating his Great Dane is appealing his conviction.

Deep Bista, who pleaded guilty to three counts of causing distress to an animal, was sentenced to nine months in jail and given lifetime ban on owning an animal by justice of the peace Peter J. Hiscox in May.

Bista’s appeal is based on a claim his lawyer provided inefficient assistance during his plea and sentencing.

On Tuesday, Crown attorney Kevin Doyle told Justice Stuart Konyer he anticipates crossexamining the appellant’s affidavit which still hasn’t been filed by Bista’s lawyer.

His counsel at the time, Angela McGrath, is also expected to testify at the hearing.

Bista, who currently has a warrant out for his arrest, was not in court Tuesday.

Bista was back in his home country of Nepal in May when he was sentenced to 90 days on each count.

The Ontario SPCA started to investigate in September 2017 when the property manager of an Aylmer Street building captured the violent abuse 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.

“It is one of the most cowardly, and disgusting behaviours I have ever seen,” Hiscox said during his sentencing.

At sentencing, McGrath read a statement on her client’s behalf.

“I didn’t have intent to hurt him. I regret causing him pain,” Bista said in the letter, adding that he had D.J. since he was three months old and “truly loved him.”

Considering he punched and kicked the dog, Hiscox added in his ruling that it was nonsense that Bista wrote that he didn’t intend to hurt the dog.

In his sentencing submissions, provincial prosecutor Andrew Fordham said the dog was a defenceless animal that was beaten for no visible reason.

“Appalling sickening, and disturbing,” Fordham said when describing the conduct in the video.

The appeal will be heard Nov. 20.

NOTE: Watch video from the apartment incident online at www.thepeterboroughexaminer.com.