Crown seeks jail for men convicted of not caring for horse

By Louise Dickson, March 23, 2012

The Crown is seeking jail sentences for two men convicted of failing to provide sufficient care for an old horse, before hanging it from an excavator.

Jalupae before his death - Photo BC SPCA

In December, Victoria provincial court Judge Sue Wishart found David Whiffen and Clayton Cunningham guilty of not providing enough food to 27-year-old Jalupae, an Appaloosa horse. Wishart found the two men allowed the horse to starve in June and July 2009.

However, Wishart acquitted them of killing the horse, ruling that there was not enough evidence to prove the horse suffered before its death.

The case, described by the B.C. SPCA as a shocking case of animal abuse, continues to stir up public outrage. Again on Friday, people carrying placards protested Jalupae’s treatment outside the Victoria Courthouse. One woman carried a toy horse suspended from a pole.

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  1. Dear Judge Wishart, I would like to understand how the level of starvation evidenced in the picture of Jalupae does not make it into your definition of suffering. Think of what it would take to hoist and hang a horse from a backhoe and the level of callous disregard. Try to explain this to your children. Please do not let these murderers get off lightly. Please set the bar for responsible ownership of animals

  2. Nice to know there are idiot judges on BOTH sides of the border. How could anyone think a horse could starve to death and NOT be suffering greatly unless she was absolutely brain dead?

  3. Nice to know there are idiot judges on BOTH sides of the border. Anyone who believes this horse didn’t suffer greatly before death has to be brain dead! What does that judge think starvation is: a REWARD system?

  4. john clark · ·

    Put yourself in the place of the helpless horse. I am quite sure we suffer when in the process of starvation. The poor animal in this case is no different.


  6. Jagadambe Dasi · ·

    Since when is starvation not suffering?

  7. shoshone · ·

    Anyone know why the BCSPCA didn’t seize Jalupae in his starved condition??

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