Sask. rancher tried to call 'bovine witnesses' during trial

A Saskatchewan rancher had hoped the fact a trial judge wouldn't let him call cows as "witnesses" might help him get a court decision conviction overturned.

It didn't.

Alexander Potoreyko, who represented himself during his trial, was found guilty of willfully causing unnecessary pain, suffering or injury to cattle.

Potorevko was fined $7,000 in Melfort provincial court in 2019. He was also prohibited from owning, possessing, or having custody or control of cattle for 10 years. Potorevko was also told to dispose of any cattle he owns.

He appealed the decision claiming the Queen’s Bench judge did not allow him to sufficiently make his case. In particular, he complained the trial judge had gone back on a promise to allow call "bovine witnesses."

However, the Saskatchewan Court of Appeal justice disagreed.

“Mr. Potoreyko insists the trial judge had agreed that he could call what he describes as bovine witnesses at trial. With respect, the transcript discloses no such thing,” Madam Justice Lian M Schwann wrote.

“As I interpret the record, the trial judge did not rule on Mr. Potoreyko’s request to be allowed to call bovine witnesses, and thus, contrary to his assertion, there is no evidence that she had agreed to view the bovine witnesses either in the courtroom or in a trailer parked outside the courthouse.”

Potoreyko also took issue with the fact he was not allowed to quote from the Bible or a magazine article.

A transcript of the trial shows the judge firmly denying one of Potorevko's requests to involve his livestock in the proceeding.

“I can assure you, sir, that you are not bringing cattle to court. Don’t even go there,” the court document states.

"Don’t even bother trying. It’s not going to fly.”

In his appeal, Potoreyko also asserted the trial judge had been intimidating and biased.

“As I see it, Mr. Potoreyko simply takes issue with the way in which the Queen’s Bench judge expressed himself. That is not a basis for appellate intervention,” Justice Schwann wrote in the appeal decision.

Potoreyko must dispose of any cattle in his care by Nov. 18.