The Crown has stayed a charge of animal cruelty against Dr. Philip Ney.
The prosecutor directed a stay on proceedings on May 9, said Dan McLaughlin, communications counsel for the B.C. Prosecution Service. The SPCA was informed of the decision that same day.
“The decision to stay the charge was made following a careful review of all the available evidence. Recent developments in the case prompted this review but Crown counsel is obliged to ensure that the charge assessment standard is met at all stages of the prosecution,” said McLaughlin.
Charges are only approved or continued where the Crown is satisfied that evidence provides a substantial likelihood of conviction and that a prosecution is required in the public interest.
“In this case the prosecutor concluded the evidentiary test was no longer met and directed the stay of proceedings,” said McLaughlin.
In January 2017, Ney brought his dog to the Central Victoria Veterinary Hospital when she had trouble giving birth. The veterinarian told him the dog had a dead fetus stuck in her birth canal and would need a $4,800 surgery or would have to be euthanized.
Ney brought the dog home. She ran away and was found dead five days later by an animal rescue group. A necropsy found the dog had a ruptured uterus.
Ney was a Greater Victoria school board trustee for two terms in the 1970s and has been an independent candidate in federal elections.