The trial of a B.C. veterinarian accused of abusing his own animals and using a horse to pull a car out of a ditch is now underway in Surrey provincial court.

Langley vet Mark Marohn is charged with two counts of animal cruelty, and his trial opened Monday with Crown and defence lawyers giving their opening statements.

Prosecutors allege that on Dec. 10, 2008, emergency crews had to rescue a horse that had been trying to pull a car out of a ditch of 208th Street.

The animal named Buddy was rescued after several hours, but was so thin and weak it had to be euthanized.

The horse and car were both allegedly owned by Marohn and his then-wife Carol Schoyen-Marohn, who is also a veterinarian. When police attended the family farm that day, photos were taken of five other horses that appeared to be malnourished.

The SPCA seized the animals, and the Marohns were later charged with criminal neglect and failure to provide adequate food for the horses. They were also charged under the Prevention of Cruelty to Animals Act for permitting the animals to be in distress.

The couple was supposed to be in court together on Monday, but Schoyen-Marohn suffered a stroke in the fall. Her trial has been moved to April, and Crown lawyers have revealed that she may be called as a witness in her now ex-husband's trial.

Proceedings ended Monday when defence argued that the police search of Marohn's property without a warrant was a breach of his charter rights.

The trial will continue with a voir dire on Thursday, when Marohn may address the court.

With a report from CTV British Columbia's Julia Foy