Dog to be destroyed after biting woman

A dog attack case which was bogged down in the judicial system for more than 14 months has finally been resolved, with a judge ordering the dog be destroyed, a decision the victim describes as a "no-win situation".

Balclutha social worker Jackie Greenall was mauled by Mowhiti, a 9-year-old German shepherd/Rottweiler cross, at a Lawrence property in November 2008.

In the Balclutha District Court last week, Judge Paul Keller convicted the dog's owner, Milton shearer Patrick Ngamoki, of owning a dog that bites, fining him $500, with 130 court costs, $100 witness expenses and $1000 be paid to Mrs Greenall for emotional harm.

Judge Keller also ordered the dog be destroyed, a decision Mr Ngamoki said he was unlikely to appeal.

But Mr Ngamoki also faces a bill of more than $4200, the cost of keeping the dog in the Milton pound ($10 a day) since it was seized by police after the attack 14 months ago.

Mrs Greenall underwent three operations in Dunedin Hospital, including a skin graft, after the dog inflicted a deep bite to her right elbow.

She had to take three months off work, undergo counselling for four months and found it difficult to go back to Lawrence.

But, she was also angry the matter took so long to resolve, saying she was "over the whole court system and process".

"It shouldn't have taken that long to get something so clear - 14 months is ridiculous," she said.

The court case was deferred nine times before being settled last week.

Mrs Greenall wrote to the Sensible Sentencing Trust in May last year and also to Government ministers Bill English, Judith Collins, Simon Power and Georgina Te Heuheu on May 26.

A reply from Ms Te Heuheu, the Minister for Courts, in July explained the length of time it took to resolve the case was the result of the Balclutha District Court sitting only once a month.

Each additional delay added either four or eight weeks to the case, depending on when the next available opening was.

"In November, we were supposed to have a status hearing, but [Mr Ngamoki's] lawyer didn't turn up . . . the next available date was in January, because the police would not be available at the December one," Mrs Greenall said.

Mr Ngamoki said he fought for his reputation as a responsible dog owner, and to have Mowhiti's life spared, but he did not actively delay the case.

"I pleaded guilty to him biting the lady, but I'm not sure why [the case] took so long.

"Because my lawyer wasn't there sometimes, the judge delayed it, because he wouldn't let me represent myself.

"I'm not sure why it was delayed the other times, because I was going to court every month," he said.

Mrs Greenall said this week she had gone to Lawrence to visit a client, who was staying with Mr Ngamoki.

She said she went to the back door out of respect and was attacked by the dog, which was on a chain.

Mr Ngamoki was "really good", had come straight to her aid, wrapped a singlet around her arm and took her to the Lawrence medical centre.

"He kept asking me why I didn't go to the front door - he seems to think I was told to go to the front door, but I have no recollection of ever being told that."

Mr Ngamoki said he was upset at being prosecuted after taking what he believed were reasonable steps to ensure the public was safe from his dog.

He said the day the attack happened, there was a warning sign visible on Mowhiti's kennel, and the dog was tethered to a running wire at the back of the property.

"He opened her up, and I don't condone that, but she was told to come to the front door.

"Having him on a chain at the back of the property, I thought I was doing as much as I could," he said.

"All I really wanted was for the lady to own up to the fact she was told to go to the front, but that didn't eventuate," he said.

Senior Constable Robert Wallace, of Lawrence, said Mr Ngamoki was charged with owning a dog which caused serious injury.

"People mistakenly think they are allowed to have guard dogs, and they are not.

"People are allowed lawful access to the front and back door to knock on it - they are entitled to be there."

Mrs Greenall said the result of last week's court hearing was a no-win situation.

"The dog was probably just doing what it's supposed to do.

"[Mr Ngamoki] offered to plead guilty to owning a dog that bites if I agreed to letting the dog back home, but I just couldn't agree to that - I couldn't knowingly and willingly let a dog go back to a community when it has been aggressive with people before.

"Mr Ngamoki said if he could find a way to bring his dog home alive, he would.

"I thought I'd done all the right things by my dog to keep him safe, to keep him home, but obviously not.

"I went [to visit him] for about three months, but it broke me, and I stopped going.

"It was shattering.

"If I could find someone who I knew could help me, I would [appeal the decision]; otherwise, probably not - at the end of the day, he did bite a lady."

rachel.taylor@odt.co.nz