The lawyer representing a Vancouver Island man accused of starving and hanging a 27-year-old Appaloosa horse to death on his Brentwood Bay property said his client had no choice but to hang the animal.

David Whiffin is facing charges of killing cattle, causing unnecessary pain and suffering and failing to provide the necessities for an animal for allegedly strangling the horse, Jalupae, from an excavator in September 2009.

Whiffin's lawyer, Donald McKay, told ctvbc.ca he anticipates his client will plead not guilty on all charges. A trial date of Jan. 25 was set in Victoria Provincial Court Monday.

Whiffin's co-accused, Clayton Cunningham, did not appear for proceedings and does not yet have a lawyer. McKay asked for his appearance to be pushed back until Jan. 11 so he could secure legal counsel.

SPCA cruelty investigators said Jalupae was heavily emaciated and starving when a rope was tied to its neck, looped over the bucket of an excavator and hung to death September 15.

B.C. SPCA Special Constable Lynsay Bailey told ctvbc.ca there was no way the animal could have died peacefully. The agency had issued Whiffin a warning about the horse's condition after visiting the farm in July 2009.

McKay said Whiffin was left with no options after attempts to treat the horse medically or euthanize it were unsuccessful.

Cunningham allegedly removed the animal from the property when a veterinarian attended the farm last summer to euthanize the animal humanely, preventing the procedure, McKay said.

Once the horse was back on the property, McKay said his client was told he could shoot it or give it a lethal injection, but Whiffin didn't feel it was possible because the vet had already left.

"And you can't shoot a horse in the District of Saanich, so there were no other options," he said.

Dozens of demonstrators calling for "Justice for Jalupae" rallied outside courtroom proceedings yesterday.

Marcie Moriarty, the lead SPCA cruelty investigator on the case, said the organization has been inundated with calls from supporters since Whiffin and Cunningham were charged in November.

"A lot of people felt helpless when hearing this situation and they want to know how they could do something about it," she said.

"Just hearing that someone would contemplate hanging a horse in any method is terrible."

If convicted, each man faces a fine of $10,000, up to five years in jail and a prohibition on owning animals in the future.