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High Court dismisses second appeal

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The High Court has dismissed the second appeal by Mrs King in the case of the dangerous dog. The decision of Justice Brewer was released at 10am today - less than 24 hours after the second high court hearing concluded.

It is pleasing to see that Council's stance, and particularly the judgement of our Animal Control staff, has (again) been vindicated," said David Hall, Council's Chief Executive.

Statements from the Justice Brewer's judgement include:

" the District Court Judge was right to find that the appellant failed to establish, on the balance of probabilities, a total absence of fault of her behalf."

"In my view, the appellant could, and should, have done more than she did."

"There is no automatic right of appeal to a High Court decision," said Mr Hall "Council sincerely hopes this matter has reached its conclusion."

ends: words: 149

BACKGROUND

Fact Sheet - King/dangerous dog

RECENT UPDATE: 10am, 27 March 2013: High Court dismisses Mrs King's second appeal.

THE FACTS AS THEY TRANSPIRED:

  • Nov 2010 dog known as "Jimbo" attacked two pet rabbits and killed one, known as "Jump Jump". This has twice been proven in Court "beyond reasonable doubt".
  • The pet rabbits were in a caged, purpose-built hutch on the lawn of residential property, which the dog broke into to get to the rabbits.
  • Dog was impounded on the night of the attack.
  • Carolyn King initiated court proceedings appealing Council impounding the dog and claiming ownership.
  • Carolyn King re-homes dogs from outside the South Waikato District within our community - this process is not endorsed by Council. Jimbo was one of these dogs, and had been with her for barely seven days.
  • The trial owners wanted a guard dog. Mrs King knew this.
  • The attack happened on the first night of trial.
  • The pet rabbit owners have consistently supported Council's view that this dog must not be returned to community and have provided evidence in the two District Court cases.
  • Trial owners agreed to have dog euthanized and have signed it over to Council.
  • Due to Carolyn King's appeal Council cannot euthanize the dog unless a destruction order is issued by Court - two destruction orders have been issued by two District Courts, but Carolyn King has appealed to the High Court both times.
  • Councils focus is and has always been public safety.
  • Dog has been proven in court to be dangerous and has exhibited aggressive behaviour while impounded.
  • All judges have acknowledged the likelihood that the dog will attack again.
  • In his verbal comments Justice Heath said that Mrs King was 'deluded' and 'on a crusade'. It is unfortunate that her crusade has cost South Waikato ratepayers an unreasonable sum of money. However we do not believe that the alternative, to release the dog, is in the community's best interest.
  • Ms King's second appeal to the High Court was heard on 27 March 2013. As above, the High Court dismissed the appeal not 24 hours later.
  • Animal Control staff negotiate three to four handovers each month for dogs that display aggressive behaviour and/or attack other pets.
  • This is responsible and reasonable behaviour on the part of the dog owner.
  • This is the first time Council has been dragged through the courts over an aggressive dog. A dog that has now, in two separate district court cases and in two separate high court cases, been proven 'beyond reasonable doubt' to have attacked two pet rabbits, killing one.

Court judgements: links

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