Outraged animal lovers eager for justice in the case of Captain, a German Shepherd that was found fatally wounded in a Kitsilano dumpster, will have to wait – Crown counsel sent the file back to the SPCA this week.

Crown spokesman Neil MacKenzie confirmed that lawyers have asked the SPCA for additional information regarding a number of potential witnesses and one expert witness in the dog’s death.

The news came just under a month after the SPCA recommended an animal cruelty charge in the case. The name of the suspect will not be released unless the single count of causing unnecessary suffering, pain or injury to an animal is approved.

The charge carries a maximum sentence of five years in jail and a lifetime ban on owning animals.

Marcie Moriarty, the SPCA’s general manager of cruelty investigations, said the agency is also waiting on DNA test results to submit to crown and is hopeful that the charge will soon be approved.

“We're very confident this case will be approved and Captain will get justice in the courts,” she said.

Captain was found in a dumpster on July 18, emaciated, covered in blood and bruises and unable to walk, and died the next day. A neurologists who examined the dog said he appeared to be quadriplegic.

The disturbing story struck a cord with man, who have shown support by organizing a vigil in Captain’s memory and donating more than $76,000 to the SPCA for future animal abuse investigations.

The dog’s owner has been identified as Brian Whitlock, but he has yet to speak publicly about Captain’s death. He was arrested on an unrelated charge in July and released, and refused to speak to the media at the courthouse.

With files from CTV British Columbia’s Bhinder Sajan