An Edmonton lawyer who left two of his horses to die in the backcountry near McBride, BC, leading to a massive rescue effort in Dec. 2008, has been fined for his actions.

Frank Mackay, 64, pleaded guilty to one count of animal cruelty in a McBride courtroom on Dec. 4. He was fined $1,000 and must pay $5,910 in restitution to the British Columbia SPCA. He is prohibited from owning animals in British Columbia for the next two years and must undergo psychological counselling. He must also publish an apology in the Valemount Valley-Sentinal.

The horses (a mare and a belgian gelding), which were weather beaten and starving to death by the time of their rescue, garnered a great deal of media attention. The horses were so hungry, they resorted to eating one another’s tails, the court heard, but are now back to full health.

Judge Michael Gray described the case as ‘notorious’ and said he was taken aback by statements made by Mackay in the press. That included a profanity-laced interview MacKay conducted with the Fitzhugh in January 2008.

“It’s inappropriate to conduct yourself that way,” Judge Gray said. “I find you guilty because you did cause and permit (the horses) to be in distress.”

On Sept. 11, 2008, Mackay took three horses, packed with supplies to McBride, where he was going to drop off supplies to a friend, Karen Hage, who was hiking the Great Divide trail. Hage had sold the horses to Mackay for $300 years before, as they were bound for the slaughterhouse.

It was his first solo expedition into the backcountry and he was forced to leave the horses after encountering some heavy muskeg. One horse refused to budge, and the other, which had bonded to the first horse, also refused to follow Mackay. The lawyer decided to leave.

“The horses were left on the mountain and Mackay felt there was enough food,” Judge Gray said.

He alerted RCMP that he would return in two weeks to retrieve the horses, but wasn’t back in McBride for six weeks. He did not contact the SPCA. When he did return, a heavy snowfall stopped his search short. He returned in December, brought food for the horses but could not rescue them from the deep snow. He decided, in his own words to ‘let nature take its course’ and gave them what he thought might be their final feed, forcing gatorade down their throats, which the horses threw up.

The court heard Mackay did not bring a gun to euthanize the horses, saving them from a long death, nor did he think he could kill them if he had the chance.
While returning from the rescue attempt, Mackay was involved in a car accident and suffered a head injury, the court heard.

When the Prince George SPCA contacted Mackay, asking him to sign the horses over to them, he refused and did not co-operate with them. On Dec. 19, 2008, veterinarians from Prince George were able to examine the animals.

“The horses were inadequately nourished, but in good condition,” said Judge Gray, who said MacKay made a business decision to abandon the horses. He told Mackay he should have done more to help save the horses.

“Steps should have been taken to alert the authorities,” Judge Gray said.

MacKay’s lawyer Alex Pringle told the court of Mackay’s respected position in Edmonton law circles.

“He’s a highly regarded, ethical and well respected lawyer,” Pringle said, pointing to MacKay’s charity work.

Through the joint submission, MacKay was not convicted on criminal charges and will not have a criminal record. The animal cruelty charge is a provincial statute, and the ban against owning an animal only applies in British Columbia.

Judge Gray also informed the SPCA in Edmonton and the Alberta head office of his decision, so they are aware of MacKay’s actions. He does own a ranch outside of Edmonton, where his horses are well cared for, Pringle said.

“I want the authorities to be alert of the order made today,” Judge Gray said.

Mackay offered no comment following the verdict and paid the fine that day.