One of the men convicted of animal cruelty after starving a horse and hanging it to death in 2009 was found not guilty of breaching his probation in Victoria provincial court Monday.

David Whiffin and Clayton Cunningham were found guilty of causing unnecessary suffering by failing to provide food for a 27-year-old Appaloosa gelding named Jalupae in December 2011.

SPCA cruelty investigators said the pair hanged the horse by tying a rope to its neck, attaching it to an excavator and lifting it off the ground.

Charges in the death of the horse were stayed because of lack of evidence the hanging caused the horse to suffer.

The SPCA slammed the decision, saying there was no way the horse died peacefully.

Whiffin was fined $7,500 and prohibited from owning, having the custody or control of, or residing in the same premises of an animal or bird for five years.

But just four months after his conviction, SPCA cruelty investigators received a complaint about an emaciated miniature horse seen on Whiffin’s farm.

“There was a complaint that the horse was underweight, infested with lice and had an infection,” Marcie Moriarty, general manager of cruelty investigations said.

Moriarty said the SPCA investigated the complaint and found a horse and two dogs on Whiffin’s property. The horse received veterinary care and was removed from the farm.

Whiffin was charged with breaching terms of his probation, something Moriarty said is common for people convicted of animal cruelty.

“If people have been convicted of animal cruelty and as a result been banned on owning and caring for animals, we’ll take that very seriously and follow up,” Moriarty said.

Despite the Crown proving there were animals on Whiffin’s farm, the defence successfully argued he was residing on his boat off site at the time.

Moriarty said although he was acquitted, the SPCA wants to ensure Whiffin doesn’t abuse any more animals.

“We don’t feel it’s appropriate for him to have contact with animals,” she said. “For anybody to think it is even remotely appropriate to tie a horse to a backhoe and lift it off the ground as a method of killing an animal has some issues. I don’t think anybody would deny that, it’s ridiculous.”