Couple left heartbroken after judge orders pet dog’s death after attack

Visibly upset himself, Warren Geddes led his sobbing wife out of a New Plymouth courtroom just minutes after they found out their beloved pet dog would be put down.

But Judge Gregory Hikaka said while the couple’s love for the dog was clear, he had to think about the safety of the public, after their pet attacked another dog, and rushed at a woman, outside their Stratford property last year.

Geddes was sentenced in the New Plymouth District Court on Friday for three Dog Control Act charges which arose out of the May 13 incident.

The judge said the complainant was out for a run that day with her Border Collie dog, which was on a lead.

As she went past Geddes’ gate, his dog climbed over and attacked the Border Collie. It latched onto the victim dog’s chest, which caused an injury which needed stitches.

The judge said the dog then rushed the woman, which frightened her as it was “snarling, with bared teeth”.

“She believes she was in immediate danger of being attacked by your dog.”

Geddes previously pleaded guilty to charges of owning a dog which attacked another, and for failing to register the canine.

He was found guilty at a judge-alone trial of owning a dog which rushed at a person.

Prosecutor Laura Blencowe, who appeared on behalf of the Stratford District Council, said there were no exceptional circumstances allowing the judge to step back from destruction, and that a prior incident of the dog’s aggression was raised at trial.

The court heard how the dog had undergone a procedure the day before the attack and was on antibiotic treatment.

However, Blencowe said the vet treatment involved a small amount of material being syringed from a growth, and no evidence was provided which linked this to any aggression.

Defence lawyer Nina Laird submitted a $750 fine was the appropriate penalty for the offending, but asked Judge Hikaka to find exceptional circumstances and not order the destruction of Geddes’ dog.

However, if that was to happen, Geddes and his wife wanted to be present at the Stratford pound, or have the ability to take the dog to their own vet for it to be put down there, Laird said.

The judge said Geddes was in “disbelief” after he heard what happened, as the dog was always affectionate and loving at home.

He acknowledged Geddes and his wife’s feelings for the dog, but this had to be balanced against the principles of public safety.

The judge said the dog’s attack was unprovoked and had caused distress to the complainant.

He granted the destruction order, and also imposed a $1000 fine against Geddes, who was also ordered to pay $952.80 in reparation, including for emotional harm.

Geddes was convicted and discharged for failing to register the dog.

It had been bought from a South Auckland breeder, and the court heard there was a misunderstanding about who was responsible for sorting out the registration.