Powell River woman convicted of animal cruelty charges

Defendant found guilty on two counts; case dates back to 2015

Carol Battaglio has been found guilty in Powell River provincial court of two counts of causing distress to animals in a case dating back to 2015.

Battaglio was charged after nine alpacas, one llama and five chickens were removed from her property in 2015.

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According to the court transcript, Battaglio was charged with two counts under the Prevention of Cruelty to Animals Act of causing or permitting some alpacas she owned to be or continue to be in distress between October 1, 2015 to November 29, 2015, and similarly, causing or permitting a rooster, to be or continue to be in distress from November 19 to 21, 2015.

Judge Bryce Dyer, in the reasons for judgment, said people who own or who are responsible for animals have a legal duty to properly care for them, which can include taking positive steps to remedy a negligent situation in which they are kept. Dyer said in this case the charges arose by reason of allegations that Battaglio’s care of the animals in 2015 on the relevant dates while they were kept at her hobby farm was substandard.

Of the nine alpacas removed from the farm, two had been deprived of adequate food, shelter, water and veterinary care. Of the two, one had to be euthanized and the other died despite the efforts of care providers.

A rooster from the property was also found to be suffering from serious injury and needed veterinary care. It was later euthanized.

Dyer, in his judgment, said he was of the opinion that there is more than sufficient evidence in this case, including the total absence of timely veterinary care for the alpacas, and absences of Battaglio from the farm where the animals were kept, that there was the requisite standard of proof that Battaglio permitted these various animals to be in distress or continue to be in distress.

Sentencing was not handed down in the hearing, according to court records.

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