A Queenstown woman was yesterday found guilty of failing to keep her American Staffordshire terrier under control when it attacked a miniature schnauzer at Frankton Beach last May.
Pauline May (55) was found guilty of two charges laid under the Dog Control Act 1996 - one of which carries with it a maximum penalty of a $3000 fine, plus compensation for treatment received by the injured animal, and a mandatory order for the attacking dog's destruction unless there are exceptional circumstances.
Under questioning from Michael Walker, representing the Queenstown Lakes District Council, Sofitel executive chef Varick Neilson said he owned two miniature schnauzers, named Frank and Stevie Nicks.
About 7.30am on May 22 Mr Neilson was walking both dogs on leads along Frankton Beach when two dogs came down a bank behind him.
They were described as being ''like a Staffie - big, puffed up chests; stainless-steel collars; teeth gnarling; black and brown colours - typical, squat-looking dogs''.
The two dogs attacked Stevie Nicks, one gripping the back of her neck with its teeth while the other was trying to get its teeth into her lower back.
Mr Neilson, who was wearing steel-capped boots, managed to get ''a few boots into'' the dogs and released Stevie Nicks' lead, to give her a chance to escape.
''Those dogs would not let go of my little dog at all.
''They were salivating, foam coming out of their mouths, eyes were popping out. It was so aggressive. I've never seen anything like it.''
Mr Neilson said Frank bit the hind leg of one of the attacking dogs, distracting it enough so it released its grip on Stevie Nicks.
The other, however, continued its attack.
Mr Neilson picked up a large rock and threw it at the dog, connecting near its rib cage.
''It was enough to knock the wind out of that dog and it let go.''
Stevie Nicks ran away. Mr Neilson said he picked up the rock again and threw it ''at full force on the other dog's head'', causing it to be knocked over into Lake Wakatipu.
''[I] picked up the rock again and I was going to [throw] it at the dog again and finish it once and for all.''
The dog moved before the rock hit it, walked out of the water, ''staggered and fell over'' before both dogs began retreating up the embankment.
He said he heard a woman's voice commanding the two attacking dogs to ''Get here, get here now'', but did not get a good look at her.
Stevie Nicks required surgery for her injuries and Mr Neilson laid a complaint with the council.
He returned to the area every day to try to find the dogs and on May 26 saw May and the dogs he believed were involved in the attack, in a car near the track.
He took photos and forwarded them to the council.
Defence counsel Sarah Law argued May's dog was not responsible for the attack and she was not present at the time of the incident.
While May accepted she was the owner of Milley, and Stevie Nicks was attacked on Frankton Beach on May 22, she did not accept Milley was the dog involved.
Photos taken by a council staff member in June were produced in court showing Milley with a head wound, allegedly caused by the rock hitting her.
May said Milley had received the injury earlier the previous month, when her son's dog attacked her after she tried to eat its food. The wound had healed by May 22, but was reopened on June 3 by her other dog licking it.
May said her dogs had never been walked along Frankton Track. Her husband normally ran the dogs alongside a vehicle around Lower Shotover.
She and the dogs were at home on the morning of the attack with a caregiver, who visited five mornings a week to assist her with her elderly mother.
Judge Turner said he rejected the defence evidence and was satisfied beyond reasonable doubt Milley was involved in the attack.
He convicted May and remanded her to April 13 for sentencing.
He did not call for a presentence report and said the only issue would be Milley's destruction.
