The case of a delinquent dog ordered to be destroyed has been heard by Australia’s highest court on Tuesday after its owner claimed the action against Izzy the staffordshire terrier was improperly prosecuted.
Lawyers for Tania Isbester, who owns Izzy and two other felonious mutts, Bub and Jock, will argue that the council officer who testified to magistrates in the case also sat on a tribunal deciding whether the animal should be put down – constituting a conflict of interest.
Victoria’s supreme court rejected Isbester’s appeal of procedural unfairness, saying the official from Knox city council in Melbourne’s eastern suburbs was not “a zealous destroyer of dogs”.
The problems began when Izzy and Jock attacked a four-month old puppy, its owner and her daughter in August 2012 after escaping from Isbester’s home. Jock and Bub were involved in another attack in May 2013.
One month later all three dogs were involved in “two vicious attacks on small dogs in the course of which their owners were badly bitten and required hospitalisation”, the magistrates court of Victoria was told. Jock was put down that afternoon.
A council tribunal on Izzy’s fate was told by Isbester it was unclear the dog actually bit anybody in the attack, and may have only scratched the victims.
Victims of the attacks also spoke, detailing the “total frenzy” that saw one puppy given away for retraining and a child still afraid to approach dogs.
“During the panel hearing [Isbester] did not show any remorse or say that she was sorry for the conduct of her dogs,” council minutes said.
She provided a letter from a local butcher and a neighbour in support of sparing Izzy, and said new fencing at her home would prevent the dog from breaking out again.
The high court was asked to set aside the council’s decision that Izzy be put down. Bub has been spared by the courts.
The high court is expected to make a ruling on the case next week.
