The trial for two people charged under the animal protection act began on September 20 and has since been adjourned until January 17, 2020.
Marie Pearson and Brian Bertsch appeared at the Provincial Court in Cochrane facing two charges of causing an animal to be in distress.
The crown heard from four witnesses between September 20 and September 27.
First to the podium was veterinarian Dr. Risling who says she received a call from the SPCA about animal welfare on the property.
Upon arriving, she performed a physical exam on a live horse and a post mortem on a deceased horse. She said the first horse didn't seem anxious or disturbed and had a normal temperature. Risling graded the body condition of the horse a two out of nine. With one being thin, five being ideal and nine being overweight.
Examination of the dead horse saw no evidence of external trauma, there was food in the intenstinal tract and the gums had hemmoraged which could have resulted from banging its head when it collapsed. The body score for the deceased horse was a one out of nine.
The second witness called was Ryan Butterwick, an Alberta Peace Officer with the SPCA.
He said on April 6, 2018 he received a call from Darren Warren who claimed the horses were in distress, had not been fed for eight days and one was missing.
He then received a second call two days later stating the missing horse was deceased. Butterwick applied for a general warrant on Monday, April 9 and travelled from the Edmonton office to the address provided by the complainant.
Upon arriving he proceeded to execute the warrant. There was no answer when he knocked on the door. He then went with another officer and walked over to where the horses were kept.
The live horse was against the fence and in the far west corner layed the deceased horse. Both horses were in a enclosed rail fence and there was a yellow tube full of hay cubes, and one blue tank with water. The live horse was declared in distress by the veterinarian and seized by the SPCA. Before leaving Butterwick posted a warrant, reclaim notice and seizure for the horse on the properties front door.
The next witness called was Darren Warren, a neighbour to Brian Bertsch and Marie Pearson.
Warren said April 6, 2018 his wife was driving out of the yard in the early morning. She phoned him and asked him to call the SPCA because one of Brian Bertsch and Marie Pearson's horses had a bag on it's head and the other horse appeared to be missing.
He then called the SPCA and they said they would send an officer out. On April 6th or 7th he noticed someone driving around the property. He suspected that individual was looking for the missing horse.
The next day on April 8th Warren was driving home with his family and his three daughters said that the horse known as "Frankie" looked sad and asked if they could say hi to him. When they got up to the fence they said there was something dead inside. Warren noticed the white horse "Angelica" laying dead along the fence.
Warren said he was disappointed with the SPCA because he had called numerous times and he believes they failed the horse.
The last witness called was Brad Nadeau.
Nadeau said he resides north of Cochrane and does not know Brian Bertsch or Marie Pearson. He said on or about March 18, 2018 he observed two ponies with no shelter. A white larger pony and a smaller brown and white one. He said it was -15C to -20C and the two were huddled behind an electrical post and he felt really bad.
He then called the SPCA. Nadeau explained he has 44 years experience with horses and believes all animals should have shelter, especially in winter. He said given the option a horse or pony will always enter a shelter. Nadeau said he had been around the Bertsch, Pearson property around five or six times perviously when he was picking up his children at the Warren residence.
The trial will continue in the new year with the crown hearing from the accused.
