FOR IMMEDIATE RELEASE
SHOWDOWN AT WELLAND CANAL
Hundreds of reptiles could die if the heat and humidity continue.
Police, Lawyers and passionate reptile lovers clashed on Sunday, May 29th at a Welland residence containing over 200 venomous snakes, several lizards and crocodiles.
A month long battle has ensued since the death on May 2nd of Karel Fortyn, an infamous reptile collector of exotic species. He once owned the Seaway Serpentarium at a mall in Welland; but, for over 25 yrs the animals have been in his house.
INSPECTION
On Sunday, at about 2 p.m., Ted Loyst arrived to inspect the property with a Welland police officer in attendance. The constable banged loudly on the door when there was no answer. The occupant then allowed him to enter the residence. She claimed to have no key to the animal facility so I changed the locks for safety reason.
DEPLORABLE CONDITIONS
“The house is rotting on its foundations” says Ted Loyst who is acting as an advisor under power of attorney for Dana Kubias, Karel’s common law wife for the past 27 years. Dana is also on the deed as half owner of the house and she has been paying the bills for many years. She is still getting the tax and hydro bills; but, they have fallen behind in payment. She needs help because she is getting all of the debt and the deceased’s brother is trying to sell the assets.
Unfortunately, the house is virtually worthless and the animals have little or no value many are CITIES animals, others are illegal.
“I inspected the house yesterday” said Loyst “after giving proper notice to the occupant..conditions are deplorable and downright dangerous. Virtually, every room is covered with black mildew on the ceilings. Plaster is falling down. Newspapers and stuff is piled into corners and closets and that is just in the living quarters.”
REPTILE AREA DEADLY
Loyst says “conditions where the crocodiles, monitors and turtles are kept are cramped and crowded. A 14 ft. Orinoco crocodile and an 11 ft long Orinoco crocodile are imprisoned in a small pond with fencing between the two animals. The animals have grown very large over the years. Their size is a credit to Karel’s skills and husbandry in spite of the restricted space.
RATS
“Oh, yes! Karel also bred and raised rats to feed his animals. Dozens are still alive in the basement and the smell is toxic!” says Loyst. “Rat shit is everywhere and in some enclosed areas, it is an inch deep. No humans or animals should live in these conditions. Mice are visible by the dozens crawling up the walls when you enter the small room in the basement making the place a real fire hazard. Small lizards and geckos wander freely; but that is o.k. as they eat some of the bugs. The snakes have mites. Yes, snakes do get mites; it is a real problem for all collections.
ATTEMPT TO RELOCATE
“For the past two weeks, I have been trying to gain consensus from all concerned parties for an action plan to remove the animals to safe havens and professional care.
Three zoos—Reptilia of Toronto, Little Ray’s of Ottawa and Indian River Reptile Zoo of Peterborough all agreed to sign a temporary care management agreement while any legal issues were resolved. Little Rays’ and Indian River Reptile Zoo signed the agreements as did London Reptile, a Thorold pet store Dana wanted to have a couple of animals in return for volunteering to care for the animals after Karel’s death.”
“Everyone was kept informed and numerous emails were exchanged. John Greer of the Welland, SPCA agreed in memos to step aside on at least two occasions and let the animals be cared for.
Indian River Reptile Zoo, Canada’s only accredited reptile zoo, took the lead to help co-ordinate the effort. Bry Loyst, Curator trains Environment Canada Wildlife Enforcement Officers in the safe handling of dangerous reptiles and first aid (he is my son). Experienced professionals with snake handling equipment were organized to attend with me and wait until I inspected the house and facility. If conditions had improved, I would have then stood down. If the animals were at risk, I would ask the group to secure the facility and take inventory of the animals.”
“Upon inspection of the conditions, I viewed sick animals, a dying cobra with an emaciated tail, filthy water bowls, feces in most cages and low levels of water in the alligator enclosures. The log book that the Humane Society claimed was being maintained had three entries and no dates of any activity. One entry read “Put Bob back”. Bob, I learned was a 15 ft Burmese Python.
BAGGING DANGEROUS ANIMALS
“I instructed the Indian River Reptile Zoo crew to proceed with removing animals for safe keeping. Over a four hour period, they bagged, labelled and crated over 50 venomous snakes and 20 non venomous destined for Indian River Reptile Zoo and Little Rays. None had been removed from the building.
A RAGING ABUSIVE LAWYER
Around 4:30 p.m. a loud voice yelled through the doorway “Get out, Get out you are trespassing! I’m calling the police!” “Be my guest” I said. After a shouting match, the voice was identified as a lawyer who claimed to be the owner of the house. She could not prove she was representing anyone; however, claimed to be speaking for Karel’s brother who lives in Czechoslovakia.
POLICE ARRIVE
The Welland police force arrived. They took command. A debate ensued for the next three hours. Police do not solve disputes or pass judgement. They just stopped us cold in our tracks with a hint of overnight jail, if we moved the animals.
PUT EM BACK
The difficult and dangerous work of bagging venomous reptiles had to be reversed. Bry Loyst, of the Indian River Reptile Zoo objected because his staff were tired and it is too dangerous to handle venomous snakes when exhausted.
The police refused to allow the crew to do it the next morning. We were instructed to put all of the animals back and to do it very quickly. At 10 p.m. the weary group took a break for dinner. The house was locked with a constable guarding the door in our absence.
PHOTOS STOLEN FROM CAMERA
Upon our return, we discovered that the memory card from Bry’s camera had been removed leaving us without all of the pictures of the unbelievable conditions in the building. We later learned that not only was the occupant of the house given a key to the reptile facility; but there existed another entrance through a trap door under the porch!! Since Sherlock Holmes was unavailable for comment, we cannot explain what may have happened to some of our evidence. We do have other photos.
MEETING AT THE MAYOR’S
“On Monday, May 30th I attended the offices of the Crown Attorney in Welland. As expected, they don’t do animals. I searched for a Justice of the Peace; but he only comes to Welland on Wednesdays. Finally, after suggesting to the Mayor’s staff that the city might be party to the greatest reptile cruelty case in Canadian history was I allowed to speak with two building inspectors. They said they knew Dana Kubias owned the house. They said that acting under the building codes they could cause the house to be locked. However, this would only worsen the situation for the animals! Dana has no funds to hire lawyers. She can’t get the occupant out of her house and she can’t get the snakes out; but, she has to pay any costs and she could be sued if anyone is hurt on her property. Where is the justice in that? There will be no court case as Karel’s brother is getting pro bono advice and Dana has no money.
THE MAYOR’S BRAIN TRUST
“I left with a pleading request that they ask the Mayor to call a meeting with the Fire Department, the SPCA and the police to take some action to reduce the risk to the public and the animals. Dana returns from Europe this week. I may be relieved of my power of attorney because I have not accomplished very much to date. It will soon be one month since Karel’s death and his animals are rapidly joining him. A large snapping turtle along with two snakes also died recently as a result of neglect.
Someone has to take responsibility and put an end to this highly explosive situation.
