Dispute over reptile collection escalates

WELLAND — Esther Dube was at home in the house attached to the Seaway Serpentarium, Sunday afternoon, when someone was pounding on the door of the building.



She knew it was representatives from the Indian River Reptile Zoo and she chose to ignore it. They'd sent her an e-mail a day earlier saying they would be coming, but she didn't want to talk to them.



But then she heard what sounded like a drill.



Dube said three men were outside, pulling the deadbolt lock from the door.



Once inside, she said they started taking pictures of the animals throughout the building, and then started packing some of the animals into bags and boxes to take them with them.



When she started taking pictures of her own, she said they covered the windows between the house and the reptile enclosures with black plastic bags and plywood.



"It wasn't a pretty picture," said Dube, who was the fiancée of Seaway Serpentarium owner Karel Fortyn, who died of stroke May 2.



Bry Loyst from Indian River Reptile Zoo said he was there with others representing one side of a legal dispute over ownership of Fortyn's collection of 220 reptiles — many of them extremely dangerous, and some very rare.



He said the zoo has "power of attorney" over the disputed collection, and prior to arriving at the Steel St. building he visited the Niagara Regional Police station in Welland to inform police about his intentions.



"It was totally 100% legal. Everyone knew what we were doing," he said.



He said he intended to deliver Fortyn's reptiles to two facilities, in addition to his own zoo near Peterborough, for safe keeping.



But before they could leave, Margaret Hoy, the Niagara Falls lawyer handling Fortyn's estate, arrived and put a stop to it. Hoy recently told The Tribune ownership of the animals rests with Fortyn's brother, Jan, who lives in the Czech Republic.



Hoy could not be reached for comment Monday.



Welland and District Humane Society director John Greer said Niagara Regional Police officers arrived and told the Indian River representatives to put the animals back.



"The police came and told them they didn't have lawful entry into the home and what they were doing was illegal. They needed to leave the property," Greer said.



NRP Sgt. Joe Picton said no charges were laid as a result of the incident.



"It's an ongoing investigation. The parties involved are all seeking legal counsel so they can go about making appropriate decisions to ensure the safety of those animals that are remaining there," Picton said.



Although the facility is in poor condition, Greer said the animals are being well taken care for by experts including Mike London from Thorold-based Reptile Kingdom.



London said the Indian River representatives left a mess behind. Cages containing poisonous snakes were left unlocked, and animals that should have been kept separated were tossed into cages together — endangering them.



Dube said it took about 16 hours to put the facility back together after the incident. As of Monday afternoon, London was still working on it.



Picton called claims by Indian River that the animals are being cared for in inhumane conditions "an embellishment."



"From our perspective, it's a legal battle that has to be fought out in court. Once they make a decision we can assist. Right now, that's where it's at," he said.



"They're not in any inhumane condition," Greer added. "They're being cared for by experts."



But Greer agrees that the animals do need a new home.



"We're hoping to have a resolution by the end of this week where animals are going to be moving out," he said. "Some of these animals are extremely dangerous. Not everybody wants them."

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