Jail sentence threatened for horse deaths

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This article was published 15/04/2010 (5627 days ago), so information in it may no longer be current.

A small hoof sticking out the side of a trailer was the first sign of trouble. A closer look by Manitoba border guards revealed a more gruesome sight — 14 badly injured, dying and already dead horses collapsed inside a cramped, blood-soaked space.

The man who drove the animals to their violent end was hoping to walk away with a fine after pleading guilty earlier this year to charges under the federal Health of Animals Act.

But Judge Carena Roller told Steinbach-area trucker Geoffrey Giesbrecht, 27, she’s having doubts about the Crown’s request for a financial penalty.

"I am seriously considering a jail sentence for you," Roller said. She cited the facts of the November 2007 case, including photographs she called "horrific" which depict the conditions inside Giesbrecht’s truck.

Officials with the Canadian Food Inspection Agency found a total of 22 horses were being transported from the United States to Canada for slaughter in an improper vehicle that was stopped at the Emerson border crossing. They were also suffering severe dehydration and many had collapsed from exhaustion and pain, only to be trampled by some of the others. Fourteen were already dead or had to be put down. The other eight were sent to various farms in the United States to be nursed back to health.

"Horses will always try to get up. The fact they were staying down shows they were suffering, they were just waiting to die," said Crown attorney Jeremy Akerstream. He requested a $7,500 fine for Giesbrecht — based on other non-custody precedents across Canada — but Roller said that may not be a strong enough punishment.

Giesbrecht — who is acting as his own lawyer — was stunned.

"Why would I go to jail for saving people’s lives?" he asked. Giesbrecht claims the injuries were caused when he swerved to avoid hitting a car stopped with a flat tire on a Minnesota highway. He had just picked up the horses and was driving them to Pincher Creek, Alta., where one of Canada’s three federally regulated horse-slaughter plants is located. The meat would then be processed and sold to Asia and Europe.

"You’re going to put me in jail for killing horses instead of people?" said Giesbrecht. Roller urged him to consider hiring a lawyer before she hands down her sentence.

"I would feel better if you had representation… the consequences could be severe," she said. "There might be a legal argument here that a lawyer could make on your behalf."

Giesbrecht, who is married with five young children, claims he can’t afford a lawyer.

"What kind of a jail are we talking about here? Is this where I would be in a cell for the whole day?" he asked the judge.

"This is not a negotiation, sir," replied Roller. A representative from Legal Aid was brought to court Wednesday to discuss the case with him. Giesbrecht was granted a two-week adjournment to see if he qualifies for free legal help. The maximum penalty allowed by Canadian law is a six-month jail term or a $50,000 fine.

5133831 Manitoba Ltd. — which also does business as Shadow Creek Transports — is also facing federal charges for its alleged role in the case, along with the owner, Bobby Joe Koop. They remain before the courts and are presumed innocent.

Officials with the CFIA have reported an increase in horse abuse cases in Canada since the United States passed a bill in 2007 to remove federal inspection services for equine slaughterhouses, which eliminated their ability to operate. Officials say the horses now have to travel much further distances to be killed — such as Canada or Mexico — creating more potential for negligence and abuse.

According to federal statistics, between 40,000 and 60,000 unwanted horses were being shipped every year to U.S. processing plants to be turned into human or pet food.

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