STEPHENVILLE, N.L. — A southwest coast man and woman have been found guilty of killing a cat, known as Mittens, in Port aux Basques in September of 2019, while charges of unlawfully causing the animal unnecessary suffering have been stayed.
Peter Rossiter and Jody Anderson appeared in provincial court in Stephenville via telephone on Tuesday afternoon to hear Judge Lynn Cole’s decision in the case.
Anderson, of Port aux Basques, and Rossiter, of O’Regans, were charged in October 2019 with unlawfully causing an animal unnecessary suffering by chopping it several times with an axe, under Section 445.1(a) of the Criminal Code, and one count of injuring or endangering an animal under Section 445(1)(a).
Anderson, as owner of the cat, was charged with a second count of unlawfully causing an animal unnecessary suffering for permitting the act to occur.
Three witnesses in October trial
The trial for the pair was held in Port aux Basques on Oct. 28 and included testimony from three witnesses — the investigating RCMP officer, a member of a local cat rescue group and a woman who had been at Anderson’s apartment when the cat was killed.
The court heard the investigating officer saw gouge marks in the floor in the bathroom at Anderson’s apartment and red staining on the floors and walls.
It also heard the rescue group approached Anderson about fostering Mittens after his owner died. She had been a friend of Mittens' owner and was familiar with the cat. The rescue group planned to support Anderson in fostering Mittens by providing cat food and litter, and paying any veterinary bills.
The woman who had been at the apartment with Anderson and Rossiter testified seeing them go in a bathroom with an axe and an empty garbage bag, and said one of them was carrying the cat.
When they came out, Rossiter was holding the garbage bag, the woman testified, and there was something in it, but it was not moving. She did not see the cat after that, nor did she see what was in the bag, she said.
Rossiter and Anderson took the bag and left in his car and were gone for about 15 minutes, the woman testified.
It was noted that efforts were made to find the cat, but it has never been located.
Judge dismisses defence concerns about inconsistencies in evidence
While the defence raised concerns about inconsistencies in the woman’s evidence in court and in statements to police, Cole did not agree.
The woman testified she was scared when she denied any knowledge about what happened to Mittens when first asked by police, and Cole found her explanation reasonable.
Cole said the court does not expect a witness’s testimony to be perfectly consistent with prior statements.
The judge also refuted a suggestion that the woman’s memory and evidence had been affected by what she had seen on social media.
Cole said the evidence in the case about Anderson’s fostering of Mittens being supported by the rescue group meant the killing of the cat was unnecessary.
She said while the facts may very well make out the charges under Section 445.1(a) as well as Section 445(1)(a), the charges would be subject to a judicial stay pursuant to the principles outlined in R. vs. Keinapple. The pair could not be convicted on both counts because the acts related to the first charge are identical to those of the second charge.
As a result, she found them guilty of the charges under Section 445(1)(a) of killing Mittens.
Sentencing has been set for Jan. 22 in Stephenville.
Diane Crocker reports on west coast news.
