DOG OWNER SET TO CHALLENGE COUNCIL

ANIMAL LAWS IN COURT 

Ms.Chivers said Tango was an American Staffordshire Terrier -a breed that was not restricted under Council's new animal control laws is not a Pit Bull, and that she had Legal advice she would win in court. The case has been set for a hearing in the Southport Magistrate Court on August 30th and Ms.Chivers said if she won she would sue the Council for compensation. 

"This will open the floodgates to dozens of other people who have lost their pet in similar circumstances," she said. Since the new regulations outlawing Pit Bulls and their cross breeds came into effect last September the Council has rounded up nearly 60 Pit Bull -type dogs, requiring them to be either removed from the City or euthanased. 

The declaration of the dogs as Pit Bulls or Pit Bull crosses have been made using a 22 point "template" or checklist based on the appearance of the dog. Ms.Chivers is believed to be the first owner of an alleged Pit Bull to pursue the matter in court. The Sun understands four other dog owners have started the appeal process since the new law came in last September, but have withdrawn before getting to court. 

Ms.Chivers a 30 year old gaming attendant, said she and her fiancée were prepared to spend the $5000 plus they estimated it would cost them to go to court to save Tango and also to test the manner in which Council Staff decided a dog was a Pit Bull. "We want to stop what has become a wholesale rounding up of American Staffordshire just because they are similar in looks to a Pit Bull," she said. 

Cr. Dawn Crichlow says the process is flawed and Council Officers are playing God and decide which is a Pit Bull and which isn't when, really no one can with these dogs. 

ATTACK STATS SPREAD BLAME AMONG BREEDS. The Staffordshire Bull Terrier and its cross breeds, German Shepherd's, Rottweillers,and the Australian Cattle dog and its cross breeds have topped the Gold Coast statistic's. Dawn Crichlow said figures made available to her for the period of September 11th 2003 to May 21st 2004 this showed there were a total of 390 dog attacks reported to Council, of which 179 were on humans and 211 on other animals. Cr.Crichlow said types of breeds which scored the highly in the statistic's almost certainly reflected the fact that there more of those particular breeds living in the City." however stats still make interesting reading," she said. There were 48 reported attacks by staffies -13 on humans,35 on animals -while their cross breeds notched up a further nine attacks on humans and 15 on animals. 

By comparison American Staffordshire's and their crosses, had been at the center of controversy because of their physical resemblance to the out law Pit Bull Terrier, had only a total of two reported attacks each year, with only one on a human. And there were only two attacks by American Pit Bulls, now restricted dogs, with both those attacks on other animals. Pit Bull crosses were responsible for two attacks, one on a human. 

German shepherd clocked up a total of 28 attacks with 15 on humans and 13 on animals, six attacks, all on animals, were attributed to their cross breeds. The Australian Cattle dog put the bite on 16 humans and 7 animals, cattle dog crosses attacked 10 humans and 8 animals.Rottweiller notched up 23 attacks,13 on humans while Rottweiller crosses accounted for 8 attacks, 4 on humans. 

Border Collies were responsible for 13 attacks,7 on humans, while Boxers attacked 2 humans and 10 animals. Even tiny Shih Tzu scored the statistics, with one attack on a human reported to Councils. Most of nearly 100 breeds on the council's list scored at least one attack, with the popular Dalmatian responsible for one attack on a human and 6 on other animals. 

The Doberman was implicated in 5 attacks on humans and one on a animal, while the Great Dane scored two attacks on humans and one on animals. The only purebreds to be incident free were the Toy breeds such as the Poodle, Bichon Frise, Chihuahua and the Dachshund. 

The Sun Local paper Gold Coast 

7th July 2004

The City's Pit Bull woes are far from over, with a couple from Labrador planning to take a fight over the removal of their beloved pet to court. Jon Mokomoko and Kylie Chivers yesterday claimed the council's back flip of its controversial dog laws was a "sidestep" that did not solve the region's restricted dog problems.

Mr.Mokomoko said he intended to proceed with court action, pushing for a Judicial review of the dog laws and the Council's breeding identification standards. "We are going ahead with claims for compensation," he said. Mr.Mokomoko and Ms.Chivers were dragged into the dog laws controversy last year when the Council claimed their pet Tango, which they insisted was an American Staffordshire Terrier , was a banned as a Pit Bull.

They were forced to remove Tango from the Gold Coast. "He has spent 488 days in a Cabarita kennel at $17.50 a day," said Mr.Mokomoko. "We want compensation". Mr.Mokomoko claimed the Council's breeding identification standard was a "fraudulent document" The checklist used by the Council includes whether a dog has a head" medium in length,' upper teeth, wide open nostrils and medium sized feet.

The Council refused to comment yesterday. On Monday Councilors back flipped on the dog laws, conceding there were flaws in the laws with identification and would invite up to 30 restricted dogs, previously exiled to other areas, back to the Coast.

Gold Coast Bulletin

24th Aug 05

JUDGE GROWLS AT LAWYERS IN PET DOG FIGHT

The ongoing saga of a Gold Coast dog troubled a Supreme Court Judge so much yesterday that she ordered the parties to put aside passion and be practical to save money on endless litigation.

As Justice Roslyn Atkinson started reading the material she suddenly realised that instead of the usual human matters, the Court was being asked to consider a canine case.

"Is this an argument about a dog?" She asked.

When told it was, she noted the case contained a large amount of passion and sending the parties to mediation would be of no use.

Yesterday was the third time Lawyers for the dog owner and Gold Coast City Council has gone to the Supreme Court in Brisbane recently because they couldn't agree on basic preliminary matters.

The Legal fuss over Tango, a pet dog who lived on the Gold Coast with owner Kylie Chivers until the Council determined he was an American pit bull.

As pit bulls are classed as dangerous breeds, he was destined to be put down when Kylie Chivers agreed to compromise with the Council. She had to send Tango out of the Gold Coast until she could prove he was not a pit bull.

Ms Chivers argues Tango is an American Staffordshire Terrier, but has yet to convince the Council. Years had passed and a search for Tango's pedigree certificates was fruitless, the Court was told, because the pet shop owner who sold the dog was no longer in business.

On top of that, Mrs Chivers contends the original way the council assessed Tango was flawed and she hoped a Supreme Court Judge would overrule the decision. Whether that happens will depend on how both parties conform to Justice Atkinson's new orders.

Judge Atkinson said both parties should sit down, work out a way forward and not go back to Court until the final hearing. "This is terrible that you keep coming back to this Court for directions," said Justice Atkinson, who sometimes has a guide dog in her courtroom to assist her associate.

"You no people love their dogs," she said. "Its an issue where emotion ... gets involved. "This is the third time you have been here. I don't want to see you again (until the hearing )."

Under the new order it is expected Ms. Chivers will now have to allow two Council appointed experts to inspect Tango, who is being kept in Tweed pending a final decision .

GOLD COAST BULLETIN
25.10.07
REPORTER EMMALINE STIGWOOD