A judge has found Calgary man 48-year-old Scott Timothy Jaffrey not guilty of causing significant injuries to Lucy the cat in July 2021.
Justice L. W. Robertson handed down his written decision on Nov. 21 in Alberta Court of Justice.
Court heard that six-year-old Lucy had significant injuries but there was no direct evidence establishing who or what caused the injuries suffered by Lucy. The case was based on circumstantial evidence, said Justice Robertson.
The court heard viva voce testimony from five witnesses. Kirsten Somerset, Lucy’s owner and primary caregiver, met the accused through online dating in November 2020. She moved in with him in May 2021, about two months prior to these events. The court also heard from Magdalene Wojcick, Somerset’s friend. The Crown introduced the evidence of two expert witnesses, Dr. Kathryn Shandruck and Dr. Margarete Doyle, who was qualified as an expert in the field of Veterinary Medicine and Forensic Veterinary Medicine. The accused testified and denied causing any harm to Lucy.
Photographic evidence, X-ray photographs and a series of short videos were introduced as evidence.
Somerset and Jaffrey moved into a townhouse in the Eau Claire district of Southwest Calgary on May 3, 2021. Somerset brought Lucy, an approximately five-pound cat, into the home when she arrived. Jaffrey had two Weimaraner dogs, which were much larger than Lucy at 80 and 100 pounds respectively. The dogs and Lucy were not necessarily compatible.
Special arrangements were observed to ensure Lucy’s safety. A “safe zone” for Lucy was created in the master bedroom. This room was secured by a gate. The dogs were accommodated in a spare bedroom. At least one other gate was placed at the entrance to a stairway. Somerset and Jaffrey agreed that they would only allow Lucy to roam free, in the company of the dogs, when someone was present to supervise the animals.If this was not possible, procedures were put in place to separate the dogs from Lucy.
Lucy was injured twice.
The first incident occurred the morning of July 2, 2021. Somerset saw a puncture wound on Lucy’s tail. She also observed dried blood. Somerset took Lucy to the VCA Western Veterinarian Clinic on 10th Ave. SW for emergency treatment (VCA). She was told that the injury was likely caused by a canine tooth. A partial tail amputation was performed and the wound was treated with sutures.
The second time Lucy was injured was July 21, 2021. Somerset had left their shared residence to hike with Wojcick in Canmore. Somerset returned home near lunchtime as she believed the accused would be working, requiring her to attend to the dogs. While en route back to the residence she received a message that the accused had not left for work. The accused told her that he had had some cheques stolen and needed to attend his bank to cancel his account.
Somerset and Wojcick arrived at the residence near 12 p.m. They reported finding the doors locked and the dogs properly crated. Jaffrey wasn’t at home. Somerset and Wojcick examined Lucy and picked her up. Everything seemed fine. The accused returned shortly afterwards and the dogs were let out of their crates. Somerset said she informed the accused that she and Wojcick would go paddleboarding in Kananaskis and would return in the late afternoon.
Somerset testified that the accused agreed to monitor the dogs as required and that she didn’t need to secure Lucy before leaving. Somerset said that Lucy was in good health when they departed.
Somerset returned later that afternoon to find Lucy in distress. She said Lucy’s face was covered in blood, as was her tail. The right side of Lucy was described as soaking wet. Somerset testified that she also noticed clusters of fur near where Lucy was found. The accused wasn’t home. Somerset said that she took Lucy back to the VCA clinic for another emergency examination. Lucy was treated by Dr. Shandruck. It was discovered that Lucy had suffered another injury to her tail, requiring further sutures. Lucy had also experienced trauma to her head, the source of the facial bleeding, and fractures of three ribs on her right side.
Somerset was informed that Lucy’s condition required that the incident be reported to the Calgary Humane Society. She informed VCA staff that she suspected the accused had caused the injuries. Somerset testified that she left the residence she shared with the accused shortly afterwards and did not return to live with him again.
When Jaffrey took the stand, he testified that that the basic rule was that if Lucy was out of her sanctuary the dogs would be supervised or crated. He also acknowledged that he was seldom home to ensure the procedures were followed.
He testified that he woke only after Somerset and Wojcick had left and he assumed Lucy was in the bedroom because he heard her feeding. He didn’t recall seeing Lucy for the remainder of the day.
Jaffrey also acknowledged that his relationship with Somerset had become strained, almost from the moment they moved in together.
Dr. Doyle found the rib fractures to be a significant finding. Dr. Doyle observed that the location of those ribs within the feline body serves to protect those bones through the significant muscle tissue of the forelimbs. The rib breakage showed no sign of healing and was indicative of recent injury The rib injuries would have caused pain to Lucy while breathing or when using the forelimbs.
She noticed bruising on Lucy’s lower right eyelid. Dr. Doyle testified that the resolution of the nasal bleeding and the inner mouth reddening was indicative of an acute rather than chronic cause.
Dr. Doyle said the findings in the scan revealed no underlying disease process in the skull. Dr. Doyle concluded that blunt force trauma was responsible for the head injury. That trauma caused the nasal bleeding and the eye injury.
Dr. Doyle specifically ruled out dog activity as the cause of Lucy’s July 21, 2021 injuries. Dr. Doyle testified that she has identified and treated dog related injuries in over one hundred cases. She is very familiar with how dog attack injuries are created and present forensically. Lucy’s injuries bore no resemblance to typical dog mauling activity. Dr. Doyle testified that while dogs are capable of inflicting blunt force trauma it is always accompanied by the sharp force injuries inflicted by canine incisor teeth. None of accepted telltale signs of canine trauma were detected on Lucy. These would have included puncture wounds, lacerations or significant tissue trauma and would have been readily apparent.
Additionally, Dr. Doyle ruled out that the injuries could have been the result of an accident or another innocent cause.
Dr. Doyle’s professional opinion was that Lucy’s injuries we’re caused by three separate blows inflicting blunt force trauma. The blows were received in the head, the ribs and the abdomen. Blows inflicted by a person, using their fists, feet, or another blunt object would have been consistent with the cause of the injuries.
The injuries sustained by Lucy would have been painful to experience.
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