Manitoba couple in dog hoarding case to get appeal ruling tomorrow
Peter and Judith Chernecki sentenced in February 2014
A Manitoba couple involved in one of the worst animal hoarding cases in the province's history appealed part of their sentence today. But they will have to wait until Tuesday afternoon for the judge's decision.
Peter and Judith Chernecki pleaded guilty in April 2013 to seven counts under the Animal Care Act, after dozens of dogs were found at their Gull Lake property in 2010.
Peter Chernecki received a four-month sentence in February 2014, while Judith was fined $21,500. The couple was banned from owning animals for five years.
Their lawyer, Brad King, is appealing the five-year ownership ban, telling a Winnipeg courtroom on Monday that it's "harsh" for a couple that "loves animals."
King is also calling on the court to reduce the fine for Judith Chernecki. He argued that the sentence has taken a toll on her physical and mental health.
Peter Chernecki has already served his time in custody.
64 dogs found
The charges stem from the discovery in July 2010 of abused and malnourished dogs at the couple's property in Gull Lake, about 90 kilometres northeast of Winnipeg.
The initial number of dogs reported was 61, but that was later went up to 64.
Many of the animals were wounded, covered in feces and severely malnourished.
At least 34 of the dogs had to be euthanized after they were seized because they were in such poor condition.
The dogs were kept in two buildings with no windows and were never allowed outside, according to the Winnipeg Humane Society.
Couple was 'misguided,' says lawyer
On Monday, King told court that the Cherneckis were "misguided" and thought they were helping the dogs by taking them in.
The couple has long maintained that they were trying to help out stray animals that had been abandoned at a local landfill. They insisted that the dogs were loved and cared for.
Reference letters from friends and neighbours of the Cherneckis, as well as a family doctor, were read aloud in court. They described the couple as kind and compassionate people with "hearts of gold" who loved animals.
But Court of Queen's Bench Justice Colleen Suche, who is overseeing Monday's hearing, expressed concern that most of the reference letters came from people who did not see the condition the dogs were found in.
Suche also said it seems that Peter and Judith Chernecki continue to blame the media, government and the public for what's happened to them, and she has a problem understanding whether they realize what they have done.
Crown prosecutor Shaun Sass argued that there has never been a suggestion that the Cherneckis had intended to harm the dogs, and intent was not an element in the offence.
With regards to Judith Chernecki's fine, Sass told the court that one option would be to give the couple more time to pay. He said the fine imposed is within the range.
Sass added that Peter Chernecki's four-month sentence was appropriate given the condition the dogs were found in.