Joelle Mbamy of Penticton was fined $1,000 after three dogs were seized from her property last year due to neglect. She is also prohibited from owning an animal for 10 years.
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April 26, 2018 - 2:35 PM
PENTICTON - “How we treat animals in our care and at our mercy is also a good barometer of a person’s character and you didn’t do very well."
That from Judge Gregory Koturbash in Penticton court today, April 26, prior to sentencing a prominent local businesswoman for causing an animal to continue to be in distress.
Joelle Mbamy, 57, pleaded guilty to the single count in the matter, which was scheduled for trial today.
Crown prosecutor Alex Janse told the judge the B.C. SPCA had a seven year history of complaint investigations against Mbamy culminating on Jan. 23, 2017 when an SPCA officer executed a search warrant on Mbamy's property, seizing two springer spaniels and a Rottweiler huddled outside in a wire kennel.
The dogs were found to be wet, dirty and emaciated, and the kennel floor covered in excrement. They were taken to Rose Valley Veterinary Clinic in West Kelowna where they were treated for body sores and malnourishment. One of the spaniels was given fluids, gaining two kilograms in four days while at the vet clinic.
The dogs were eventually released to the SPCA and have since been adopted.
Janse noted at least 10 prior visits to Mbamy’s residence in the weeks leading up to the seizure.
A concerned neighbour called the SPCA on Jan. 19, and the officer was able to view the dogs’ conditions from a neighbour’s yard, noting feces covering a third of the floor in the kennel, there was no bedding and there was little shelter from the elements. All three dogs were wet and dirty.
The officer returned to the residence twice more over the next two days, finding no one home and a search warrant was executed on Jan. 23.
Mbamy surrendered the dogs to the SPCA and paid over $5,000 for their care and rehabilitation.
Janse noted her lack of criminal history and apparent lack of malice in the crime. Along with a $1,000 fine, he asked the judge for a 10-year prohibition on owning animals.
Defence council Julian Van Der Walle said his client was a 20-year-resident of Penticton who has been busy running a business, doing charitable work and raising her daughter on her own after her husband’s death six years ago.
Calling her “a tremendous asset to the community,” he said Mbamy recently received an award for the operation of her business Sunrise Pharmacy. She also participated in fundraisers and assisted with volunteer programs for the homeless.
Van Der Walle said his client’s animals were reported in good condition on Dec. 17, a month before they were seized.
“It was in that last month leading up to the seizure, that something went sideways,” he said.
Judge Koturbash agreed to a joint submission from Crown and defence, but called pet ownership a “huge responsibility” that Mbamy must have turned a blind eye to in letting the dogs deteriorate into the condition they were found.
He was also concerned about Mbamy’s seven-year history of complaints with the B.C. SPCA.
Mbamy was given a $1,000 fine, along with a $150 surcharge. The judge also imposed a 10-year ban on animal ownership.
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