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Samms vows to fight dog theft charge

An RCMP pickup truck is seen outside the Bay St. George Animal Shelter in Stephenville Wednesday afternoon while police waited for a warrant to remove a Siberian Husky from the building. Frank Gale

An RCMP pickup truck is seen outside the Bay St. George Animal Shelter in Stephenville Wednesday afternoon while police waited for a warrant to remove a Siberian Husky from the building.

Frank Gale
Published on March 22, 2013
Published on March 21, 2013
Frank Gale  RSS Feed

STEPHENVILLE  After being charged on Thursday with theft of a Siberian Husky that was housed in the Bay St. George Animal Shelter in Stephenville, Gwen Samms, the shelter’s manager, is planning to fight the charge in court.

Topics :
RCMP , Cape Ray , Port aux Basques

The Bay St. George RCMP executed a warrant on the shelter while providing assistance to a man in Cape Ray who had come looking to get his dog back. The dog has been in the care of the shelter for more than six weeks.

Samms believes the dog was legally the property of the shelter, and said its her understanding that if an owner doesn’t come and claim an animal within 72 hours after it goes into the shelter, it becomes the shelter’s property.

“What I believe is that this dog was actually stolen from us (Society for the Care and Protection of Animals) on Wednesday,” Samms said.

Janet Bennett of Scaredy Cat Rescue said she has the same understanding about a 72-hour rule.

Samms has a court appearance in relation to the alleged theft on June 17, and is looking into getting a lawyer by that date.

The incident that led up to the dog coming into the care of the shelter took place on Monday, Jan. 21, 2013. Two Husky dogs, two cats, and 23 baby chickens were seized from a property in Cape Ray that day. At the time, more than half of 60 birds on the property were found dead.

The owner was subsequently charged under the new Animal Health and Protection Act with leaving animals in distress. After an investigation, the RCMP later ordered all animals taken from the property to be returned to the owner.

After an investigation into the matter, police were satisfied the facilities were fit for the animals to be returned, said Sgt. Dale Foote of the RCMP in Port aux Basques.

Samms said she was asked by the Port aux Basques RCMP to take custody of two dogs that had been removed from the property and, upon receiving them, she had them examined by a veterinarian. She said blood work for the female showed signs of dehydration and starvation.

Ownership of the female dog was relinquished, and a new home was found.

The owner, who didn’t want to be identified, said he paid the $100 fine and would be looking to get his other Siberian Husky back.

Foote said police learned that a member of the family who owned the animals had a medical emergency, which took the owners out of the community for an extended period of time. The RCMP sergeant said the owners had a person in place to take care of the animals, but unfortunately that person thought the care was only needed for a short period of time.

“There was a miscommunication between the caretaker and the family, nothing intentional but they assumed their animals were being taken care of,” Foote said.

It was on Wednesday afternoon that the owner came looking for the dog and enlisted the help of police. Samms gave up the dog Wednesday evening after the warrant was executed.

fgale@thewesternstar.com

Comments

  • Username
    wizardmaster
    - March 29, 2013 at 05:20:01

    I have been involved with MS, SAMMS on occasion and recently have an animal in foster care for her. Here the reason she's in the right. First off she received the dogs from the RCMP a legal body, second said she would give the dogs back and waited six weeks before owner decided he wanted to come and get them. therefore she should have had the right to keep them. OK law states she had to apply to the courts, that's and over site on her part non the less the legal system is suppose to present MS, SAMMS with a court order first and give her 24hrs to comply then get a warrant and lay charges. This was not done and therefore her rights were violated as govern body over the dogs. by the RCMP themselves, they gave her this right when they placed the animals in her custody. and the OWNERS given a hundred dollar fine for there so called misunderstanding is disgusting they should of had one hundred dollars for every animal that was abused and more for the ones that died. I can't believe that were so insensitive to other species, just because their not of human nature.

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  • Margaret Pittman
    Margaret Pittman
    - March 28, 2013 at 09:28:31

    After hearing about this yesterday it greatly upset me. The dogs was abandoned for 6 weeks and was not in good condition. She took care of the dogs and then when the owner came back, she is the one that is charged. I don't know about the justice system but it seems totally unfair. Please drop these charges against Gwen, it is totally unfair. All she was doing was trying to do the right thing.

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  • Username
    Johanna Tito
    - March 26, 2013 at 08:15:33

    This is ridiculous. There were 60 dead birds on this man's property and the owner was charged under the Animal Health and Protection Act with leaving animals in distress. Samms was ASKED by the RCMP to take the dogs in and they too were in a bad state. In all the shelters I've heard of if, after a certain period of time (3 or four days) if the animal is not claimed, he or she becomes the "property" of the shelter. Now after SIX weeks they expect her to give the one dog back to this guy who was charged with leaving an animal in distress??!! He said he thought someone was looking after the dog? Well that just proves he isn't fit to take care of animals. If it is your animal you would make SURE there was someone there to care for him or her. Lame duck argument. And it is RIDICULOUS to charge Samms with theft. Upside down world!! Samms needs a medal and the RCMP ought to get their act together.

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  • Username
    Jdeluney
    - March 25, 2013 at 11:44:31

    DAB........last time I checked a warrant issued by a provincial court judge would be considered a court order .....thus giving the police the authority to remove the dog from SCAPA, which they did. Also, there are a lot of negative comments here which are not justified..... This is just a news article people... Only a few of us know what really happened...isn't that right Gwen?

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  • Username
    Roslyn Raney
    - March 23, 2013 at 20:07:51

    The dedication of Gwen Samms and SCAPA to helping animals in need should be commended, not distracted from by frivolous legal action. Ms. Samms did what she believed was in the best interest of the dog. You are lucky to have such an organization as SCAPA. Support it, both financially and with your time as a volunteer if you can. Don't get in the way of its good work'

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  • Username
    gaston
    - March 23, 2013 at 16:40:32

    THE RCMP FINED $100.00 to the owner. Is that supposed to cover all the abuse of all his animal including the dead ones. If he had abused a human in this way, he would have been fined for EACH ACT of abuse in other words he would have been fines more then $100.00 since there were 2 dogs, x number of cats, birds,chicken what justice is there for those animal or is the life of an animal according to the RCMP worth about a buck($1.00) a head . Before i moved here from Ontario, i though that newfoundland must have the cream of the crop in law inforcement , i've since found out that Newfoundland is the training province for the RCMP

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    • Username
      Devil's Advocate
      - March 25, 2013 at 05:05:23

      That's the problem with you people...you are calling this animal abuse, when it is was an accident. That it was a misunderstanding is clearly stated in the article, yet everyone is calling it "abuse". Extremists are usually never good at critical thought, their passion clouds their judgment. Thank god there was a real judge that did a good job.

  • Username
    DAB
    - March 23, 2013 at 12:30:04

    It's time for the vendetta against SCAPA by "the powers that be" to end! It's a legal, functioning, registered charity that does GREAT work, even without government funding, recognition, or support. No, they don't kill animals, and they never will. Get over it, step out of the dark, and STOP punishing them for being progressive in a changing world. KUDOS! to SCAPA, and my apologies to Daemon for humanity failing you yet again!

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  • Username
    Not Understanding
    - March 23, 2013 at 11:47:49

    If "The SPCA is the only organization that have the legal authority to hold or seize animals" why weren't they the ones to step up to take the animals in the first place. Why did the PAB RCMP ask Samms to take the animals? Did the SPCA refuse to become involved? If they refuse as they often do to take in animals who will?

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  • Username
    gaston
    - March 23, 2013 at 11:12:42

    By reading this article it sound to me like the RCMP are not aware who or what shelter is approved by the spca, if you believe that SCAPA is not covered under the same regulations as the SPCA. Then why would the RCMP put the animal in SCAPA

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  • Username
    Mike
    - March 23, 2013 at 03:56:47

    What truly is confusing to me here, and perhaps I'm missing this in the article, is why was a search warrant and charges even necessary to file against the shelter like this? I didn't see anything in this article stating that the dog's owner or police presented the shelter with the court order that the dog be returned and the shelter refusing to do so. All I am seeing in this article is that the shelter manager is being charged with theft...when she was actually tasked by police to take custody of the dog in the first place. Also, one of these dogs has already been placed into another home, yet the owner seems like they could care less about this. This entire situation and article is incredibly confusing and on its face, without having any other knowledge of the situation, it seems like some very erroneous charges are being laid against Simms. I mean, at any point did someone simply go to her and say, "We have a court order allowing the dog to be returned to the owner, please give us the dog."? From everything I'm reading here, it looks like the police just jumped straight to search warrant and criminal charges.

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  • Username
    Sharon Dominaux
    - March 22, 2013 at 23:09:23

    The police were the ones who asked Gwen Samms if SCAPA would care for those Dogs and there were Cats and other Animals that were not cared for,apparently some of the Birds were dead.If the owner loved his Dogs so much why were they chained and half starved.Did the police really need 3 squad cars to remove a Dog that they put in Gwen Samms care.Why did the owner wait 6 weeks before trying to claim the Dog?I stand behind Gwen Samms 100%.The Police needs to focus on real criminals.I hope the next time they are called to investigate an Animal abuse case they do a better job than they did here!Shame on that Police Force and whoever deemed that a 100 dollar fine was sufficent for Animal abuse!

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  • Username
    ACE
    - March 22, 2013 at 23:07:04

    I do not understand how justice is served by allowing an abused and neglected dog that was confiscated from it's owner to be returned to them after 6 weeks time have passed. The owner was fined and charged, no attempts made to recover dog in a a reasonable time. i.e. 72 hours, but the kind caretakers who have been forced to turn a dog back to abusive & neglectful people, are charged with the theft of the dog?. It adds insult to injury that they are treated this way when they were called on to help. I supposed this is just free room and board for 6 weeks and the abusive owners get off for free? Justice must be served. dismiss this trumped up charge and repay the shelter for all expenses incurred, and a proper adopter be found.Praise to Gwen Samms for standing up for justice!

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  • Username
    Renee
    - March 22, 2013 at 22:39:08

    to my understanding, if you have a pet, then you are responsible for that pet, even if you leave them in the care of someone else. ie. If i leave my dog in the care of someone else and he gets out of the yard and hurts someone, isn`t me who would be charged? i am the owner. so it blows my mind that the owners are getting their dog back because their excuse was they had someone caring for them, unless you give your dog away, he belongs to you and you are always resonsible for him! many animals live a cruel and necglected life because people are unaware of whats happening to them but this dog was rescured and would have gotten a second chance. we need to speak up and help those who cant speak for themselves. way to go gwen!

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  • Username
    Allison Y
    - March 22, 2013 at 19:39:55

    First of all, Jack, the COURT ordered the dog returned. The Mounties were doing what they are ORDERED to do, which is to enforce the court's direction. Secondly, why are the RCMP getting such a bad wrap for this? What did they do? Oh, that's right, enforce the law, like they are sworn to do. Just because you don't agree with what happened, doesn't mean they were wrong, or "stupid pigs". Saying things like that just make you look stupid. People who go ranting and raving on this have NO clue what they are talking about. People go and read a few lines, and assume they know the entire story. If the court ordered the dog returned, it's for a reason. Stop hating on the RCMP. Ignorant people just serve the mob mentality.

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    • Username
      Understanding
      - March 22, 2013 at 22:31:17

      Well said Allison. The RCMP should be commended on a job well done.

    • Username
      DAB
      - March 23, 2013 at 11:41:07

      Actually, Allison Y, you are in no position to be chastising others about making assumptions and looking stupid. Check your facts -- this issue did not go to court.

  • Username
    Understanding
    - March 22, 2013 at 13:08:52

    SCAPA is not undèr the branches of the Society for the Provention of Cruelty to Animals, otherwise known as the SPCA. Therefore, they have no right under the nèw or the old animal protection acts to seize or keep animals. The provincial vèt was correct when he told the RCMP that they have no right. The SPCA is the only organization that have the legal authority to hold or seize animals.

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    • Username
      Terri
      - March 23, 2013 at 00:54:38

      Understanding, SCAPA is not the organization that seized the dog. The RCMP took the animals (dogs, cats, chickens), and ASKED SCAPA to take them in since the SPCA could not be contacted at the time, the day after they were seized. And if the SPCA is the only organization with legal right, what about animal control departments?

    • Username
      DAB
      - March 23, 2013 at 12:04:42

      If SCAPA has no rights, it was rather irresponsible of the RCMP to place animals in their custody. But they DID. And Gwen Samms follows the same protocol (72-hr holding period) as the rest of the animal advocacy/rescue/welfare groups in this province. So in actuality, Gwen is right -- Daemon was stolen from SCAPA.

    • Username
      Understanding
      - March 23, 2013 at 17:29:20

      Terri, animal control officers obviously fall under the legislation to enforce. Terri and dab you are both right. I'm a little confused as to why the animals where given to SCAPA, when the SPCA should have been involved. Also, a warrent can only be given by a judge, so I'm confused as to why u think it did not go to court cause I would think a judge would have looked at the case in order to order a warrant. Again, part of the story we are missing. My initial comment was to make sure that people are not confusing SCAPA with the SPCA. They are both separate entities. They are both good organizations and do great things but they do not fall under the same umbrella.

  • Username
    Concerned for Husky
    - March 22, 2013 at 11:02:33

    If there were other animals found dead on this man's property, I don't understand how this man is able to retrieve his husky. This caretaker who the owner held trust in to take care of these animals needs to be held accountable or else I'm not reading this story right. For some reason, there's a lack of communication here and maybe the owner should have left contact numbers in case of an emergency. Where is the other side of the story here? From reading this, I think Ms. Samms was looking after the best interest of the animal and no judge should rule against that. Just my two cents worth.

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    • Username
      DAB
      - March 23, 2013 at 12:17:32

      The other side of the story? Unfortunately that side is not being told. It's the same old "I don't want to get involved" crap. But wasn't it a caretaker who actually made the report to the RCMP?

  • Username
    Jack
    - March 22, 2013 at 07:09:30

    Since when does the RCMP have an authority to order property returned to alleged owners? The RCMP should have no authority to give such orders, only the courts have that power. Just another case of Mounties going above the law.

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    • Username
      Gaston
      - March 23, 2013 at 12:22:22

      If SCAPA is not approved by SPCA then why did the RCMP put the two dog in Ms. SAMMS cafe. Seems to me that the RCMP either don't know what's what or don't care about the animals health and welfare to place them in arms way. By means of SCAPA if as they say it's not under the umbrella of the SPCA Sounds like politics to me when the right arm does not communicate with the left arm.

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