Duck case appeal fails

A High Court judge has ruled that the case of a dead duck, was a dead duck.

Nightcaps resident Eugene Anthony Greendrake was alerted to a grisly scene on August 18, 2018.

"Blood and guts" on a driveway led him to a drain where he found his Pekin ducks — Drakie and Duckie (aka Missy) — savaged.

Drakie did not survive but Duckie recovered after 10 days at the vet.

Mr Greendrake believed the culprit was a dog owned by a nearby resident, Wayne Alexander McConnochie.

He subsequently launched a private prosecution at the Invercargill District Court laying a charge under the Dog Control Act and one of ill-treating animals.

After a day-long trial before Judge Russell Walker, in the absence of a jury, the case did not fly.

Mr McConnochie was found not guilty.

However, Mr Greendrake appealed to the High Court levelling a raft of criticisms against the judge and how he dealt with the hearing.

Justice Rob Osborne dismissed the appeal in a decision released this week.

He said the not-guilty findings were "clearly open" to the judge after the inconclusive evidence he heard from several residents of the small Southland town.

Primary witness Beverley Renton described seeing a black dog go straight at the ducks by the flax on the property.

She said she saw a man, whom she could not identify, drive around the paddock before throwing the ducks into a ditch.

Colin Groube said he saw Mr McConnochie putting a grey dog in a crate on the back of a truck but confirmed he did not see the ducks being mauled.

Invercargill vet Lisa Stuart treated Duckie for a large wound to her neck and said it was consistent with a dog bite.

Mr McConnochie, a self-employed builder, also gave evidence at the trial.

He said he had lost three ewes and five lambs to dog attacks within days of the alleged incident, and many more in previous years.

He had his two huntaway dogs (one ginger, one grey) with him on the day in question and said he was planning to shoot a black labrador that had been worrying stock.

Mr McConnochie said he would not have allowed his dogs near ducks because of the fear of salmonella.

Judge Walker said Ms Renton was the only one to witness the attack and she was 140m away with an obstructed view.

Justice Osborne agreed with the conclusion and said Mr Greendrake’s appeal had "no merit".

 

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