A Kimberley shire has been left with a hefty legal bill after an unsuccessful bid to have three dogs destroyed over a fatal attack in Kununurra last year.
After 14 months and a long court dispute, a magistrate this week ordered the Shire of Wyndham East Kimberley [SWEK] pay more than $27,000 in costs.
Murray McDonald and Chanelle Boliver pleaded guilty to several charges after their Labradors, Alethea, Thor and Xena, twice attacked two dogs, Jaz and Ace, owned by the neighbouring Cox family.
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The attacks injured Ace so severely he was euthanised. Jaz was also injured.
The Shire of Wyndham East Kimberley ordered the dogs destroyed but the owners fought this in court, with Magistrate Colin Roberts last month ruling the dogs' lives with a series of strict conditions.
Not negotiable
In the final hearing on Thursday, the shire's lawyer, Jennifer Solliss, said the lack of negotiation by the owners, even though they pleaded guilty, had delayed court proceedings.
She argued Mr McDonald and Ms Boliver could have accepted the terms of a remitted order in December. The order, she said, had very similar conditions to what was eventually agreed in court and therefore the shire was the successful party in the case.
But Magistrate Roberts said the shire had maintained a position that the dogs be destroyed until the final day of the hearing, and therefore the defence should be awarded court costs.
He ruled the shire pay $27,046.13 in costs.
Mr McDonald and Ms Boliver were ordered to pay a total of $5,483 to cover pound and vet fees.
'We are truly sorry'
The attacks took place on two separate days in June last year.
Ms Boliver, who owns Alethea, said it had been a traumatic and long process, with the dogs impounded for more than 12 months.
"We understand that nothing can bring back Ace and we are truly sorry for that," she said.
"However, whilst the Coxes have been able to grieve and move forward in life, we have been stuck in limbo with our dogs stuck in small cages."
She noted that three dog behaviour experts hired by both parties testified the dogs could be rehabilitated.
"This is not about retribution or vilification, this is about justification and proving why our dogs should not be destroyed," she said.
She urged the community not to make judgements.
"All of our dogs have been around children and other dogs and never has anything ever happened [before]," she said.
"This one incident [sic] does not portray the entire personality and being of our dogs and others need not comment, as they have no idea."
She said she would not have paid "tens of thousands of dollars" fighting for the dogs' lives or put her children or others at risk "if we were not sure of our dogs and their behaviours".
"We would not endure all this time and effort, this pain, this cost for over a year for our dogs if we were not sure."
SWEK chief executive Vernon Lawrence said the shire had a duty of care to prevent the dogs from reoffending.
He said the shire had attempted to settle the case out of court but the remitted order was rejected by the defence.
"In the event that these dogs reoffend and legal action is taken against the shire, we can demonstrate that we took all reasonable steps to prevent this re-occurring," he said.
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