Animal cruelty case postponed

[attach]7757[/attach]The trial for a Davisville woman facing animal cruelty charges after she allegedly kept more than 100 cats in unsanitary conditions has been adjourned until late summer.

Defence lawyer Walter Fox said the trial will resume on Aug. 25, and he anticipates it will last about a week.

Diane Way, now 66, has pleaded not guilty to charges of animal cruelty and causing unnecessary suffering to animals. Court began hearing witnesses on April 21.

Way was arrested on April 25, 2011, after a federal pollster who had come to her door the day before called police after noticing a foul odour, and believing someone had died inside.

Police, fire and agents from the Ontario Society for the Prevention of Cruelty to Animals responded to the home at 144 Manor Rd. East. Over the course of a month 107 cats were seized, almost all of which suffered from skin and respiratory problems, ruptured eyes, urine scalding, open sores, hair loss and genetic health problems believed to be a result of inbreeding.

OSPCA agent Don Smith testified in court on April 24 that he entered the home in search of a cat he believed to be in immediate distress, based on a description given to him by a member of Toronto Fire Services. Though he never found that cat, the state of the home became apparent very quickly, he said.

“The first thing I noticed is my eyes started to sting slightly, which is a sign of ammonia,” he said, explaining that is a sign of an abundance of cat urine. “Wherever you walked there was feces, and the floor was very wet.”

Smith said some of the wet floor boards also had some give when he stepped on them, which led him to believe they were saturated. He also testified that he did not see any litter boxes during the 20 minutes he was in the home.

Outside of court, defence lawyer Walter Fox said he expects Way to beat the charges, pointing out that Smith had testified he did not believe the cats he saw inside the home were distressed enough to get a warrant to have them removed immediately.

“We have faith in our client,” he said. “We have confidence in our case and we have confidence in our client.”