Damian Miojlic loses appeal over dog destruction order after a vicious dog attack at Christies Downs
An irresponsible pet owner has been banned from owning dogs after his Staffies launched an horrific attack on another dog.
Police & Courts
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An irresponsible owner has been banned from owning dogs for five years after his two Staffies launched a sickening attack on another dog, ending in it being put down.
Damian Miojlic sought leave to appeal a decision of the South Australian Civil and Administrative Tribunal affirming the decision of the City of Onkaparinga Council to make a prohibition order against him.
The order prohibited Mr Miojlic from owning a dog for five years and ordered his two dogs be surrendered and destroyed.
In a judgment published online, the Supreme Court heard Mr Miojlic owned two dogs, Mini Skip and Schutz Wow Wha, which were both a Staffordshire Bull Terrier cross.
On January 4, last year Samuel Fisher was walking his Staffordshire Terrier cross rottweiler named Jezabelle at Christies Downs.
He saw a dog, identified as Schutz Wow Wha, running towards them before it grabbed Jezabelle’s head in its mouth and bit at her face.
Mr Fisher attempted to lift Jezabelle in the air to stop the attack while Mr Miojlic tried to pull Schutz Wow Wha away.
“At some point, another dog, identified as Mini Skip, came over and joined the attack, growling and biting at Jezabelle’s neck and forcing Mr Fisher to let go of his dog and retreat,” the judgment read.
Eventually both dogs let go and Mr Miojlic attached a lead to Schutz Wow Wha and walked away.
The court heard Mr Fisher confronted a female with Mr Miojlic and requested contact details, which she did not provide.
As a result of the attack, Jezabelle suffered serious wounds and lacerations to the head and chest requiring extensive veterinary treatment and surgery.
Her injuries did not heal and she was put down in April.
At the time of the attack, Mini Skip was subject to a Dangerous Dog order, issued in October 2022, and should have been wearing a muzzle.
The court also heard Mr Miojlic was previously issued with a Destruction Order in 2016 in relation to a Staffordshire Bull Terrier cross previously owned by him named Skip, which had been euthanised.
In making the order, the Council said they had no confidence that Mr Miojlic could manage dogs in a responsible manner that is necessary to avoid harm to other persons or animals.
Mr Miojlic argued an appeal on a number of grounds, including that a council member had a “vendetta” against him, his dogs weren’t dangerous and he was “wrongfully arrested”.
“All documentation and [pictures] supplied by the vets and Samuel Fisher’s supposed evidence towards this case are false and had nothing to do with the incident – they were from previous health issues that Jezabelle had, causing her to have quite extensive surgery a few months prior to the day of the incident,” he also stated.
Justice Ben Doyle refused Mr Miojlic’s leave to appeal, saying he hadn’t identified any reasonable grounds and that the decision was correct.