Breeder says he killed dogs to spare them pain
Published Saturday November 29th, 2008
A dog breeder who killed five Pomeranians earlier this year when an animal-protection officer was about to take them away says he did it because he thought it was the best thing for them.
Keith C. Barton's animal-cruelty trial resumed in Burton provincial court Friday. Testimony in the case was heard in September as well.
Barton, 73, of 1257 Pleasant Dr. in Minto stands accused of five March 6 counts of killing a dog and one count of injuring a dog, all under the Criminal Code of Canada.
He also faces three counts of failing to provide adequate food, water, shelter and/or care under the provincial SPCA Act.
Barton testified in his defence Friday, telling the court he feared what might happen to his dogs if they were taken away.
He said he expected being separated from him would be detrimental to them, and he doesn't believe all veterinarians treat animals well when owners aren't there to monitor care.
Animal-protection officials visited his home March 6 after a visit the week before. They said they were seizing the dogs because the conditions of Barton's kennel were unsanitary and needed to be brought up to standards.
Barton said he decided to euthanize the Pomeranians himself, and, out of sight of the officers, he struck each one once with a hammer at the back of the head.
He delivered blows to the heads of six Pomeranians, but one survived.
"To my knowledge, I rendered them unconscious," he said.
"I thought I had the right to put them down. I didn't think I was breaking any law ... I loved those dogs so desperately."
Officials told Barton he had to keep the kennel clean and dry, and that he had to shovel snow to keep their play area open.
Barton testified he'd come down with shingles in December and has had seven heart attacks. Last winter saw heavy snowfalls, he said, and there was just too much for him to contend with.
"I told them I wasn't going to give myself another heart attack," he said, noting he's found it impossible to find someone to help him.
Barton admitted he hadn't kept the kennel as clean as he usually did that week due to his illness and the heavy snow.
"I don't think I looked after them as good as I usually do last winter," he said.
A few other dogs were seized alive and treated by local vets.
Oromocto veterinarian Dr. Erin Grant said she examined one, a female, that had an impaired leg, the result of a previous broken bone that didn't heal properly.
She said a month after it was seized, the dog underwent an amputation procedure. It died a few hours after the surgery.
Barton was upset to learn that, and his anger was apparent when he was on the witness stand.
"I don't think you should be persecuting me for cruelty," he said, referring to that dog's death while in the care of a veterinarian.
He said the dog broke her leg when she was four years old in the mid 1990s. He'd taken her to a vet, who put the leg in a cast, but it never healed properly.
Barton had to pause to compose himself a couple of times on the witness stand.
Veterinary pathologist Dr. James Goltz testified Friday the five dogs died as a result of blunt-force trauma to the back of their heads.
He said striking dogs in that spot with a hammer is not an approved method of animal euthanasia.
Defence lawyer Edward Derrah argued Friday that Barton should be acquitted of the Criminal Code charges because he had a sincere belief that he was within his rights to put down his animals, as they're his property.
That colour-of-right defence means that while ignorance of the law isn't a defence, an honest but mistaken belief about one's rights and the law can be if the mistaken belief is reasonable, said Judge Patricia Cumming.
"I think that's going to be the big question here," the judge said. "This is obviously the crux of the defence."
She urged Crown prosecutor Paul Hawkins to offer more submissions on that point.
The case was adjourned to Jan. 7 so the prosecution and defence can present more arguments on that point of law.
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