ST. JOHN'S, N.L. — We might not always agree with the decisions of judges and outcomes in the justice system, but we have to respect and trust the process, the province’s Department of Justice said Wednesday in response to public outcry over the acquittal of a man charged with animal cruelty.
It seems a difficult idea for many to accept in this case.
Forty-nine-year-old Robert Picco of Portugal Cove-St. Philip’s was acquitted of eight animal cruelty charges against four beagles Monday, with provincial court Judge Jacqueline Brazil determining he hadn’t wilfully caused the dogs harm.
“How was it not wilful?” a beagle owner said in an email to The Telegram — one of many received from across the country after news of Picco’s acquittal was published. “How does knowingly letting your animals go without food or water and not making arrangements for them not meet the definition of wilful neglect? I have zero faith in the justice system after this.”
Animal rescue volunteers with Beagle Paws visited Picco’s home in September 2018 after being contacted by his brother, and found the dogs in a pen on the property, allegedly with no food or water and in states of malnutrition. Picco surrendered the dogs — Bob, Katie, TomTom and Pepper — to volunteers with the organization, who brought them to a veterinarian and got police involved.
Photos of the emaciated dogs were presented in court. At the time they were removed from Picco’s possession, a veterinarian who examined them scored them each as 1/5 on a body condition scale and noted two of them had skin infections. Surprisingly, the doctor wrote, the dogs had no other health issues and recovered within two months.
Picco testified he had lived at the property where the dogs were kept and had cared for them until his mother went into hospital and he turned his attention to caring for her. A falling out with his brother resulted in his arrest on an uttering threats charge, he said, and he spent two days in custody before being released with an order to stay away from the residence, and was therefore unable to access the dogs. Picco had contacted Beagle Paws upon his release and asked if they could foster the dogs for a few days; he was told they could only accept a surrender of the animals and he later called back to say he had found a foster home.
Brazil said she accepted Picco had owed a duty of care to his dogs, but determined his behaviour didn’t meet the definition of reckless as defined in the context of the criminal charges. With that determination, a conviction was impossible, she said.
“He sought help from Beagle Paws when he was released from jail. He had owned and cared for beagles for many years. The stresses of his life overtook him and he failed to provide adequate care for the animals. However, carelessness does not amount to recklessness.”
Brazil also determined the Crown had not met the requirement of proof beyond a reasonable doubt that the beagles had been experiencing pain and suffering, noting they were deemed to have no other health issues apart from malnourishment, despite testimony from the province’s former chief veterinary officer — who did not assess the dogs personally, but had reviewed their medical reports and evidence in the case — that the animals would have likely been near death.
Though the photos of the dogs are difficult to see, emotion can’t play a part when it comes to assessing evidence, Brazil explained.
“While I accept the evidence of all the Crown witnesses and acknowledge their care and concern for their animals, when the evidence is considered in its totality, it falls short of the burden of proof that must be met by the Crown and it cannot sustain criminal convictions,” she said.
News of the ruling brought quick outrage. Readers took to social media and email to express their anger; some public comments have bordered on threats.
Some social media users have initiated a letter-writing campaign to government officials, calling on them to intervene in the case.
That’s not likely to happen.
“As a government, we cannot interfere with the judicial process and comment on matters before the court or those anticipated to be before the court,” a spokeswoman for the Department of Justice said.
Prosecutor Mike Murray told The Telegram he is reviewing Brazil’s ruling.
“I was shocked by the decision,” he said. “I’ve ordered a copy of it to review to see if there are any grounds of appeal.”
Sandra Woito, a volunteer with Beagle Paws who was involved in the removal of Picco’s dogs and who testified in court, hopes the appeal will happen. The dogs have been adopted into new homes and are doing well, she said.
“I believed this was a slam-dunk case,” she said. “I thought the evidence spoke for itself. Justice was not served.”
Tara Bradbury covers court for The Telegram. [email protected] | Twitter: @tara_bradbury | Facebook: @telegramtara
