Qaudriplegic wins his day in court

[pitgal]

Fonzie wins the day and his life
6Nov04

THE Gold Coast City Council's dangerous dog laws have been left wide open after a magistrate found major flaws in how breeds were identified.

Fonzie, the alleged pitbull terrier that has been on death row for four months, will be set free for a heart-warming reunion with owner Justin Taylor today, but the bigger picture should be of far more concern to the council.

Magistrate Jennifer Batts yesterday said she was not satisfied that the council's dog control officers had sufficient qualifications to determine the breed of suspected dangerous dogs.

Mr Taylor, a quadriplegic, went to court to win back his 'best mate' after Fonzie which Mr Taylor claims is actually a staffordshire terrier was picked up by animal control officers in July and identified as a pitbull, using a questionnaire-style criteria test.

The American pitbull is one of four types of dog banned on the Gold Coast.

Lawyers for Mr Taylor successfully argued the officers were hardly experts in identifying breeds of dogs and that the identification process itself was too open to interpretation.

The court was told the total training given to council officers in identifying dog breeds amounted to a one-day seminar, and a dog could be identified as 'dangerous' if it scored more than 70 per cent in a 16-point test.

That did not satisfy Ms Batts.

"She (council animal control officer Selina Neill) does not have either the experience, or the training, to qualify as an expert," said Ms Batts before quashing the destruction order.

Lawyers for Mr Taylor had brought along their own 'expert', a leading veterinary surgeon, but his testimony was noteven required.

Mr Taylor, who has relied on Fonzie's companionship since a surfing accident left him in a wheelchair five years ago, buried his head in his hands as the verdict was read out. He was overjoyed at the result.

"It's great. It's disappointing that we had to go through all this hassle to prove what I already knew, but I'm very happy," he said.

"I'm going to have my best mate by my side again. I will be there (to the pound) first thing in the morning to bring him home."

Acting for Mr Taylor, barrister Jack Pappas said the outcome showed there were serious problems with the council's protocol.

"The legislation is unworkable and it does not stand up under any sort of scrutiny," he said.

The decision could have far-reaching consequences for the council which has already put down more than 60 animals declared as dangerous dogs as yesterday's verdict opens the door for other dog owners to challenge the conclusion of animal control officers.

The council's director of community services, Colette McCool, said it was too early to speculate on any move to tighten procedures.


... catch up!
l am over the moon we have had 2 great wins this week.
Peter won his court case against the RAPCA and his dogs have to be returned 6 beautiful pitty's with the rspca having to pay all court cost.

pitgal

[anne3149]

A great job done by all who went out to bat for Justin Taylor.

Congratulations to all and especially a Magistrate who actually listened and took heed of the evidence presented.

Perhaps now there is a precedent things may just change for the better in Queensland.

Well done! :angel:

[mouseatthebusstop]

INTERESTING :)

[courtnek]

I wish they would do that here. I think in any case like this, or where a dog bites, before declaring it a Pit they should all have to take that online test some of us took. especially the media. They use the same kind of dog identification at some police depts here as well. We have a seperate AC
tied to the police, and they are better trained, but none of them could be called experts in dog identification.

[imported_Kat]

Nice to hear a positive result and justice served where it was due!