File photo.
Photo: RNZ/Carol Stiles
A man who unsuccessfully sought justice for his two ducks in Southland has had costs of $10,000 awarded against him this week.
Eugene Greendrake brought a private prosecution case against Wayne McConnochie after his ducks were killed by a dog.
However, at the end of a trial in September 2021, in Invercargill, the charges were dismissed after a judge found elements of the charges were not made out.
The costs sought by McConnochie, who entered not guilty pleas, were not on a full indemnity basis, with his lawyer saying his full costs relating to the case were $25,000.
Greendrake brought charges against his former neighbour McConnochie, alleging reckless ill-treatment of animals under the Animal Welfare Act, and a second charge of being a dog owner making their dog attack animals, under the Dog Control Act.
The incident in question concerned two domestic Pekin ducks, which were known to people who lived on Leithen St, Nightcaps, named Drakie and Missy. The latter was also known as Duckie.
In August 2018, a dog attacked the ducks, killing Drakie and injuring Missy. Missy survived but was in the care of a vet for about a week.
Nightcaps’ resident Greendrake laid the private prosecution charges, and after a judge decided in 2020 there was a case to answer, a trial date was set.
Prosecution witness Beverley Renton said from her kitchen table, she saw a farmer let a dog out of a vehicle and then it “took to the ducks”.
However, she could not identify the farmer or say what colour the farmer’s vehicle was.
In pursuing costs, McConnochie said Greendrake lacked prosecutorial good faith and was neither objective nor observant of the public interest and pursued a prosecution with insufficient evidence.
Greendrake said his case was not “shattered” but simply did not meet the high burden of proof.
* This story originally appeared on Stuff.
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