Tom Miller, a Craik area producer is trying to regroup after a long stressful ordeal and trial on charges of animal neglect that resulted in the Crown staying the charges against him before the closing arguments were heard.
The decision to "stay the charges" means that the trial and verdict have been put on hold, however, the charges are still in play and can be enacted anytime within the next year.
Miller says it's been a long haul, but it showed I was right.
"They were definitely in the wrong. I mean that's why I decided I was going to fight it. I mean it cost me a lot of money to fight it, but that's why I decided I was gonna cause they were definitely wrong about the whole thing. I was not starving the cows and the cows were in decent enough shape."
Tom Miller's case stems back to May 2023 when an animal protection officer reported a tip after seeing cattle he felt were too thin during a drive-by of Miller's farm.
Miller says the Animal Protection Services of Saskatchewan then paid a visit raising concerns about animal welfare citing a lack of hay bales in the yard, the animals' poor body score and seeing five dead animals in the pasture.
"First of all, they drove by there and said they seen five dead. Then, she testified there in court that two of them could have been rocks, but they could tell from the road there that they had low body scores. But they couldn't tell the difference whether it was a dead cow or a rock. They sent an anonymous report in and then they came out to see me. They wanted me to feed a bit more grain and they wanted me to talk to this nutritionist, and they wanted me to get a vet to have them checked out. The vet was coming Friday, they came Wednesday with their vet. I said to my friend there, well, you know, I think they'll be done cause the grass is, you know, lush and green and everything like that. "
He points out they (APSS) called to see if he had made an appointment with the vet, which he had for Friday, but they came out on Wednesday with their vet and the truckers and seized the animals.
Miller's friend Corey Kuemper says they knew the vet was coming in two days but showed up before Miller's vet could arrive.
"This was just a little bit of heavy handedness and harassment on behalf of the APO."
Miller says they had already committed themselves to taking the animals before the vet had a chance to see them, they hired the men and the truckers which is a substantial cost in itself, so they are not going back empty.
"I'd also like to say if they're doing things right, they should have the vet come out and check the cows and then have the truckers there. The vet and the truckers shouldn't meet at Davidson and then come down to Craik together because right away, they've already committed themselves."
He says at the time the animals were seized, there was lots of grass there and they were going to another pasture the next day.
Miller says when they arrived on the Wednesday they raised concerns saying it didn't look like the cows had been eating at the feeders.
"I moved the feeders up to the corral that morning so the cows would come in to go to the next pasture, but they didn't want to come in because they had all the grass they were eating out there. They (APSS) came down there with their posse and took the cows, and chased them for two hours and then they took them to Moose Jaw and they have sick calves. I mean there were calves there that were one, two, three day old calves there, and you know, they chased them around in the pasture for two hours."
He says they (APSS) were willing to give them back to me as long as I came up with the money. He says he did what he needed to do to try and raise the money selling scrap iron, etc.
Miller paid the fee and the animals were released back to him on June 1st.
"If I hadn't pushed it there, that would have probably been the end of it. But I went to the MLA cause I was trying to get my money back seeing as how there was nothing wrong with the cows and then that's when they charged me."
The initial visit around the case began in May, the animals were seized May 24th and returned June 1st after he paid the fee.
Miller was charged in September under sections 4 and 23 of the Animal Protection Act, 2018 in Saskatchewan and Section 445 of the Criminal Code.
The case went to trial last month, however, the Crown decided to stay the charges against Miller before closing arguments.
Kuemper says a number of inconsistencies were raised throughout the trial, adding that they were pleased to see Prosecutor Pacquin stay the charges prior to closing arguments.
He says he agrees with Miller's lawyer Jim Lutz who commented after the Crown decided to stay the charges that the decision restores people's faith in the justice system.
The decision to "stay the charges" means that the trial and verdict have been put on hold, however, the charges are still in play and can be enacted anytime within the next year.
Don Ferguson, the chief animal protection officer with the Animal Protection Services of Saskatchewan told us that if there wasn't sufficient evidence to support the elements of the offence the crown wouldn't have proceeded to trial.
Miller says he has spent about $100,000 on legal fees and getting his cattle back, he sold some scrap metal, along with 12 animals and has cashed out his Co-op pension to pay the bills.
He notes that it's important to see animal protection services in place when they are operating appropriately, but it's also important for producers to defend themselves if they feel they are being unfairly targeted.