A Dunedin woman faces a nervous wait to find out whether her dog will be destroyed after it attacked a 3-year-old boy.
Paula Marcell Rewi (32) appeared before the Dunedin District Court yesterday on a charge under the Dog Control Act following the December 18 incident.
She previously admitted the charge but opposed the destruction of the dog — a black female Labrador-cross named Nig — which is mandatory in such cases.
Rewi’s counsel, Jo Turner, argued there were "exceptional circumstances" that meant euthanasing the pet was unnecessary.
She told Judge John Walker an injury to a back leg had made the dog more irritable than would normally be the case and provided references to that effect.
Rewi had been to a dog park with her friend and the woman’s 3-year-old son, where Nig had run around, Ms Turner said.
The defendant had been reluctant to take the dog because of her injury but she was "convinced it would be a fun outing for all".
When they all got into the car, Nig struck.
"The attack was unprovoked and both the defendant and victim’s mother had to restrain the dog in order to prevent the attack from continuing," court documents said.
Prosecutor Eleanor Bunt said the child had been buckled into a car seat at the time and suffered injuries to his face, ear, neck and shoulders.
The boy did not require stitches but ended up in Dunedin Hospital, where he had to be sedated because he was so upset.
Ms Bunt said it was not the first time Rewi had been before the court on a dog-related charge.
She had previously appeared in the Taumarunui District Court for similar offending, the court heard.
In September last year, Rewi had been issued a final notice for her dog wandering and ordered to fence her property.
That work was under way, Ms Turner said.Nig had also been involved in an incident with a neighbour, who was mowing his lawn.
"Ms Rewi explains the dog has an issue with lawnmowers and vacuum cleaners, which is not uncommon in my experience with animals," Ms Turner said.
As well as fencing the boundaries of her home, the defendant had also undertaken to muzzle the animal when in public, she said.
With Nig’s fate hanging in the balance, she remained in the Dunedin City Council pound.
Ms Turner said that had incurred a bill of more than $2500 for her client.
Rewi, a beneficiary, was of limited means, and her counsel told Judge Walker she could only afford to pay a fine at $15 a week.
The judge questioned whether speculation over the dog’s injury amounted to exceptional circumstances.
Ms Bunt argued it did not.
A decision is likely to be delivered next week.
In the dog house
March 2017: Wandering dog — owner spoken to.
Sept 2017: Attack on person (no injury) — infringement warning.
Sept 2017: Wandering dog — final written warning.
Nov 2017: Wandering dog — $200 infringement, ordered to fence property.
Dec 2017: Attack on person.