Bear & Kooda put down under dangerous dog laws

3 AW Posted by: Michael James | 15 June, 2012 –

A Cobram man is devastated after his two dogs were killed under the state’s tough new dangerous dog laws.

IMAGE: Bear and Kooda (supplied)

Changes to the law concerning restricted breed dogs came into force on October 1 last year that deemed any restricted breeds that were not registered will be seized and destroyed by local councils.

Nathan Laffan, the owner of the dogs that were put down, told the 3AW Drive Program that he went to the Moira Shire council last September after seeing news reports on the laws that were yet to take effect.

“I went into the shire on the Friday afternoon and I said ‘Can you come and have a look at my dogs and make sure they are not a dangerous breed, or whatever the news article was all about’” Nathan said.

“He (The Council Officer) came over on the Monday (September 26, 2011) about lunch time-ish and said ‘That’s it I’m taking them’” he said.

LISTEN BELOW: Nathan Laffan speaks with Tom Elliott

Nathan purchased the two dogs in early 2011, from an unregistered dog breeder who said the dogs to be ‘American Bulldog / Bull Mastiff Staffi Cross’ which are not on the banned list.

The Council Officer believed the dogs to be ‘pitbull/mastiff cross’ and because they were only 7-months old at the time had to be put down.

Nathan took his case to Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision which went to court in February.

His case was not successful and the dogs were put down on Thursday.

Nathan said that his dogs were never involved in any sort of attack or hostile action toward any person, and the government need to change the laws.

“They need to completely rethink the whole scheme” Nathan said.

ARE THE NEW DANGEROUS DOG LAWS TOO TOUGH? Your say below.

IMAGES: Bear and Kooda before they were put down yesterday.

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LISTEN BELOW: Nathan Laffan speaks with Tom Elliott

http://media.mytalk.com.au/2ue/images/today_audioPlayer.swf?src=http://media.mytalk.com.au/3AW/AUDIO/150612_dogs.mp3

Go here for radio interview

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5 Comments

Filed under Breed specific legislation

5 responses to “Bear & Kooda put down under dangerous dog laws

  1. sharon chamberlain

    There is DNA testing available at a reasonable price ($70.00 – $120.00) which can help prove otherwise, however we know from dog bite statistics and studies with behaviour that the biggest single factor in aggressive dogs is not breed, its ownership which even over rides genetics. Breed legislation is ludicrous as any dog can bite in the right circumstances and often small dogs are the most likely to re act with aggression . Many people
    are crossing so many breeds ie danes, mastiffs,bulldogs etc that the government will never be able to control the breeds unless they bring in mandatory de sexing and microchipping to stop the irresponsable people breeding for profit and to prove ownership. Pit bulls are supposed to be a restricted breed in W.A. but every week in the paper pit puppies are advertised openly ! .Not much good of making laws and not policing them, the only people penalised are the honest ones as in Nathans case.

  2. chris

    The wording American pit bull terrier’ or ‘pit bull terrier’ used as an easily identifiable breed of dog is clearly vague and in no way sufficiently clear and precise therefore violates equal protection and due process, by not stipulating specific guidelines to inhibit Councils Animal Control Officers from enforcing the law in an arbitrary or discriminatory fashion and on the ground that the ordinance’s definition of an American pit bull terrier’ ,pit bull terrier, is on its face unconstitutionally vague or void due to vagueness.

    Misfeasance a form of wrongdoing, especially the doing of something lawful in an unlawful way so that the rights of others are infringed. Generally, a civil defendant will be liable for misfeasance if the defendant owed a duty of care toward the plaintiff, the defendant breached that duty of care by improperly performing a legal act, and the improper performance resulted in harm to the plaintiff. misfeasance n. management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law. Misfeasance is distinguished from “malfeasance” which is conduct in violation of the law.
    There is absolutely NO methodology in existence anywhere in the world by which the breed components of a dog of unknown parentage can be identified with any level of certainty. Any government/council/individual/pound who says they can is kidding themselves and committing fraud.

    That these experts in dog breed identification held training to a level supported in the “Rules of Law” as a true expert….
    Mismanagement, Incompetence, Inefficiency, Misrule, Corruption, Blundering, Bungling, Malpractice, Dishonesty, Malfeasance (Law), Misgovernment, Misfeasance.

  3. companionanimalnews

    This commentary and readers comments worth reading: http://www.savingpets.com.au/2012/06/a-murder-in-moira/

  4. companionanimalnews

    These are emails to write to Moira Council:
    ‘ecox@moira.vic.gov.au’; ‘bkeenan@moira.vic.gov.au’; ‘dmckenzie@moira.vic.gov.au’; ‘garry.jones@moira.vic.gov.au’; ‘jmccallum@moira.vic.gov.au’; ‘wbuck@moira.vic.gov.au’; ‘rchuck@moira.vic.gov.au’; ‘pmansfield@moira.vic.gov.au’; ‘webmaster@moira.vic.gov.au’; ‘amonk@moira.vic.gov.au’ Address also to Message for Gary Arnold (CEO) and Mayor Alex Monk, Alison Coe;

    Our letter: “This is an outrageous and disgusting case that puts the spotlight on your Council failing in its ethical duty of care towards your ratepayers and companion animals.
    I guess Council will reply that he “was only doing his job” and that “this is the law”, but he is clearly a fool that should not be in such a responsible job.
    Get rid of him, or move him to some back office function.
    Were the dogs dangerous? Were they causing a problem? No.
    Surely your staff have got more important things to do than show off how big their muscles are?
    Thousands of healthy cats and dogs are killed un-necessarily each year across Australia, and it’s good to know that your over-zealous staff are helping out with that task.
    Shame on you Moira Council.”

  5. selwyn marock

    Hitler Lives,the world still have many neo-Nazis many of them are councillors and council-workers in Moira Council.May all this Scum Rot in Hell

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