Cruelty charges against Chilliwack couple stayed

The animal-cruelty trial of a Chilliwack couple has collapsed after a provincial court judge questioned both the legality of an SPCA search and the strength of the Crown’s evidence.

Peter and Camille Devries each faced four counts of causing an animal to continue to be in distress and one count of failing to provide the necessities of life to an animal.

The couple’s Yale Road East home was raided by the B.C. SPCA in April 2010. Dozens of animals were seized, including horses, dogs, cats, indoor birds and a variety of fowl.

Before Crown counsel stayed the charges against the pair, Judge Gary Cohen heard the testimony of veterinarian Philip Chris, who said the living conditions of horses, dogs and birds on the property put the animals’ health at risk.

The Devries were self-represented. Neither took the stand in their own defence. Nevertheless, Cohen didn’t find the evidence against the pair especially convincing. The Devries had been visited on several earlier occasions by an SPCA representative who testified earlier in the trial that the condition of the horses may have been improving.

But it was the revelation that the SPCA had executed its search warrant after the time prescribed on the written warrant that led Cohen to question whether Crown counsel Brian Felt wanted to proceed with the case.

The warrant specified an entry time before 9 a.m. on April 20, 2010. Instead, Felt said Chris had arrived at the property after noon.

“It’s a really weak case with a huge hole in the warrant!” said Cohen, who also questioned the legality of earlier SPCA visits to the property.

Cohen told the Devries that they should have pointed out the error in the warrant earlier in the case.

But he also questioned whether they had been given a chance to do so by Felt, who had not previously cited the warrant.