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Justice Stuart Konyer won't proceed with Deep Bista's appeal unless the Nepalese native is present.
Bista, who pleaded guilty to three counts of causing distress to an animal, was sentenced to nine months in jailand given a lifetime ban on owning an animal by justice of the peace Peter J. Hiscox in May.
https://www.youtube.com/watch?v=e9R3mdnt1Us
Bista's appeal, which is based on a claim that his lawyer provided inefficient assistance during his plea and sentencing, was supposed to be heard by Konyer in Ontario Court of Justice in Peterborough on Tuesday, but Bista didn't show.
"My concern is it's because he doesn't want to get arrested," Konyer said, after Bista's lawyer told the court that his client was too sick to fly back to Canada for the appeal.
Bista, who currently has a warrant out for his arrest, returned to Nepal after he was charged by the Ontario SPCA in September 2017. The SPCA started to investigate Bista when the property manager of an Aylmer Street apartment captured the violent abuse of a Great Dane on surveillance cameras in the stairwell of the apartment.
On three separate occasions, Bista is seen punching, kicking, dragging and choking D.J., his three-year-old Great Dane. On one occasion, the abuse caused the dog to urinate.
Assistant Crown attorney Kevin Doyle said that proceeding without Bista present for his appeal would be dangerous, stating his presence would help ensure that his counsel is acting with Bista's permission and in his best interest.
Konyer agreed with the Crown and adjourned the matter until Dec. 4, to give Bista time to decide if he would attend or have the appeal dismissed.
https://www.thepeterboroughexaminer.com/news-story/9042805-nepalese-man-convicted-of-beating-his-dog-skips-peterborough-court-appeal/
A Peterborough man has been sentenced to nine months in jail for repeatedly beating and kicking his dog.
The sentence was handed down in provincial court in Peterborough on Monday.
Deep Bista had earlier pleaded guilty to three counts of causing distress to an animal last summer.
Three other lesser counts were dropped at the request of the provincial prosecutor.
READ MORE: Ontario SPCA lays 14 animal cruelty charges against mink farm
The incidents were caught on security video in Bista’s apartment building.
Bista, whose lawyer said he is in his 30s, was not in court when the sentence was meted out. He is in Nepal undergoing treatment for heart conditions, court was told.
Before he left Peterborough in January, the unemployed Bista lived at 303 Alymer St. He had been seen there in seventh-floor stairwell, punching, kicking and hurling his then-three year-old great dane “DJ” into the air.
Images taken from three separate dates, early in the morning in August and September 2017, were shown in court Monday.
The security camera had only been installed after someone in the building noticed blood on the floor of the stairwell.
In passing sentence, Justice of the Peace Peter Hiscox said the video showed some of the most “cowardly, disgusting behaviour” he had ever seen.
Provincial prosecutor Andrew Fordham told the court he was “appalled, sickened and disturbed” by the “most egregious acts.'”
Even Bista’s lawyer, Angela McGrath, described what happened as terrible and horrible.
READ MORE: Woodstock woman pleads guilty to animal cruelty
In court, she read a letter from her client that said he regretted his actions and that he was only trying to train the dog to be better. Bista also asked the court for leniency.
But Justice Wilcox wasn’t persuaded and handed down three, 90-day consecutive terms and a lifetime ban on owning or caring for a pet. The maximum penalty for causing distress to an animal is a fine of $60,000 or two years in jail.
Commenting on the ruling outside the courthouse, Darryl Porter of the Peterborough Humane Society said the ruling isa great start for animal welfare.
“It’s very important that people understand that we are starting to pay more attention to animal abuse and the community and the courts are not going to tolerate it any more,” Porter said.
“This is the most serious animal abuse case that I’ve seen (in my six years),” said Dan Pazder, Peterborough County agent for the OSPCA. “It’s (a) very difficult (job), but days like this make it all worthwhile.”
The veterinarian who examined DJ after he was rescued said he would not sustain any long-term physical injuries.
The dog is now in the care of Bista’s wife, who has left her husband.
As for Bista, a warrant has been issued for his arrest.
