A Belle River man has been acquitted on appeal after serving jail time for killing a dog by strangulation and suffocation with tape and a chain.
The dog was found dead in John MacKenzie’s yard on April 25, 2012.
The first person who saw the dog noted that he was tethered to a tree with a leash and that he had a choke chain around his neck and electrical tape wrapped around his muzzle.
MacKenzie appealed his first conviction, which he lost. He then served a four-month jail sentence in 2015.
The Court of Appeal for Ontario ruled on Aug. 4, 2017 that MacKenzie could not have necessarily known that his actions would lead to the dog’s death. However, MacKenzie’s conviction for causing unnecessary pain and suffering to a dog was upheld by the court.
“Based on the foregoing reasons, I would grant leave to appeal, allow the appeal in part, set aside the appellant’s conviction for wilfully killing the dog and enter an acquittal on that charge,” said the Court of Appeal disposition by Justice Janet Simmons. “I would dismiss the balance of the appeal.”
