Confusion over who actually owned the missing cattle resulted in the prosecutor’s decision
REGINA — Cattle theft charges were stayed against a Martensville, Sask., man after his trial began July 31.
Alvin Hamm had been charged with possession of property obtained by crime after 10 of 20 animals missing from Alberta were found in a pasture near Martensville in 2023.
Read Also
Alberta crop diversification centres receive funding
$5.2 million of provincial funding pumped into crop diversity research centres
However, after the trial began in Saskatoon, the crown prosecutor, Paul Scott, stayed the charges, saying there was little chance of a conviction.
Hamm’s lawyer, Logan Marchand, said there were too many questions about legal ownership of the cattle. The case stemmed from a failed financing agreement between the complainant and a third party, he said.
“The complainant gave evidence that he had provided a gap-loan to the third party for the cows while the third-party tried to obtain alternative financing, but the complainant never took possession of the cows, there was no evidence of any specific agreement about the complainant securing an interest in the cows after paying the gap-loan, there was no written contract explaining each party’s obligations and liabilities, and the cows were never branded under the complainant’s brand,” Marchand said in an email.
“Meanwhile, the third party had been covering the costs of labour and feed for the cows for about a year while trying to secure alternative financing.”
He said the lesson here is that it is important to put large commercial transactions in writing. Not every contract breach is a crime, he said, and it’s difficult to determine if there is a criminal offence when there is confusion about ownership.
Marchand added Hamm maintained his innocence all along and is happy to have the matter behind him.
Contact karen.briere@producer.com
