British Columbian animal protection agencies say they are shocked and disappointed that the Crown will not lay animal cruelty charges against a controversial private zoo and conservation centre in Fort Langley, B.C., where an adult giraffe died earlier this year.
Charges against Mountain View Conservation and Breeding Centre were forwarded by the SPCA in February after the death of Jerome, an animal whose hooves were so overgrown he often had to kneel.
Marcie Moriarty of the SPCA says the agency ordered the facility to trim the Masai giraffe's hooves, but the centre did not have proper equipment and the animal died after being sedated for an emergency procedure.
The Criminal Justice Branch concluded that Mountain View took reasonable steps to address the neglect after the agency intervened and that there was not a high likelihood of conviction under either the Criminal Code or Prevention of Cruelty to Animals Act.
A spokesperson said that although there is evidence that could prove the animal was in pain, the court would likely accept the defence of due diligence -- meaning Mountain View took measures to deal with the hoof problem.
Still, Moriarty believes the death could have been prevented if the animal had routine and proper care.
"We think that the evidence supported the fact Jerome had deteriorated to a condition where he was suffering," she said.
She said a necropsy on the animal showed he was suffering from a very painful condition caused by his overgrown hooves.
The Vancouver Humane Society said it is shocked about the decision.
"We think it's outrageous. In our view we believe the SPCA did a very thorough investigation and we expected there to be charges," said spokesperson Peter Fricker.
Fricker says the case illustrates a double standard when it comes to animal neglect and abuse in zoos.
"If this had been a case with a horse or a dog in a home or a farm you'd be seeing animal cruelty charges. It appears Crown says this kind of neglect is okay as long as it as addressed later."
After Jerome's death, a Mountain View spokesperson told CTV News the animal had been cared for at the facility for more than a decade, and its hoof problem was likely genetic.
The SPCA began investigating the private zoo in November 2009, when a group of eight ex-employees and volunteers contacted them with complaints that the centre failed to properly care for dozens of injured and dying animals by not calling a veterinarian. Seventeen more people joined the complaint days later.
The Mountain View Conservation Centre spans more than 250 acres and is home to 50 species of rare and endangered animals.
Owner Gordon Blankstein says the facility's goal is to breed animals facing extinction, including the Vancouver Island marmot and African hunting dogs, in hopes of releasing them back into the wild.
Calls to Mountain View on Tuesday were not returned by press time.