Animal Cruelty Laws Too Weak: Lawyers
by Hayley Mick
Originally published by the The Canadian Press, July 11, 2003
TORONTO — A Vancouver man found guilty of animal cruelty and mischief for the videotaped torture and killing of a cat was released Friday after spending for four months in jail waiting to be sentenced, prompting lawyers to call for harsher animal cruelty penalties.
Matthew Kaczorowski, 21, was sentenced Friday to the maximum six months in custody for his animal cruelty charge, but received eight months credit for the time he spent in jail awaiting sentencing.
He was also given three years on probation for mischief, which he will likely serve in Vancouver.
"The courts can only do so much, only Parliament can change things now," Crown prosecutor Robin Flumerfelt told reporters after the trial.
"Until they do we're going to be stuck with a six-month maximum."
Defence lawyer Daniel Brodsky was bittersweet about his client's sentence.
"This case is to animal cruelty what Bernardo was to murder," he said after the trial. "Am I going home tonight to celebrate? No, I'm going home tonight to sit beside my two dogs."
The court saw a 15-minute videotape of the incident showing Kaczorowski and two other men torturing, disemboweling, and skinning the cat alive with knives and dental tools before finally beheading the animal.
Spectators wiped away tears and plugged their ears to block the cat's moans. Kaczorowski watched most of the tape, occasionally bowing his head.
Justice Brian Young said he would have handed down a longer sentence if he could.
"I was sickened by the torture and the methodical nature of what the accused did in this case," Young said in sentencing.
Brodsky told court Kaczorowski was a promising artist and a recovering heroin addict who had been living on the streets of Winnipeg and Vancouver since the age of 14.
Kaczorowski, who pled guilty to both charges, had composed a letter and read it to the court in his defence.
"What I did was abhorrent," he said, reading quickly in a low voice, "In the end all I can do is apologize and say I'm sorry."
The three-year probation came with the conditions that Kaczorowski not return to Toronto, or own any birds or animals.
The 21-year-old drifter had been the subject of a nationwide manhunt by police, aided by animal activists, after the video was made in May 2001.
He was spotted in Vancouver in March, arrested and brought back to Toronto.
A year ago, Jesse Power, 22, and Anthony Wennekers, 25, pleaded guilty to mischief and animal cruelty for participating in the killing of the cat, which had been taken from the street to a downtown rooming house.
Power's 90-day sentence, to be served on weekends, followed by 18 months of house arrest, was appealed unsuccessfully by the Crown.
During his trial, Power's lawyer told court the art student and one-time vegetarian intended the video to be an art project showing that it was hypocritical for society to allow the killing of some animals for their meat but not others.
