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

The Peterborough Examiner - - Local - TODD VANDONK

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.

A video sur­veil­lance cam­era im­age show Deep Bista punch­ing and kick­ing his dog in the stair­well of a Peter­bor­ough apart­ment build­ing in 2017.

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