Dog owner files $750k court claim against council over destruction order

A cattle dog that has been found to have bitten three people remains on death row in a southeast Queensland council’s animal shelter, with its owner still fighting to save his daughter’s pet.

A RED cattle dog that was found to have bitten three people remains on death row in a council animal shelter, with its owner still fighting to save his daughter’s pet.

Bandit has been at the centre of tribunal and court action since Scenic Rim Regional Council issued a dangerous dog destruction order in late 2017.

Owner Paul Cutbush has filed a $749,000 District Court claim against the council over Bandit’s seizure 18 months ago and complained about his dog being kept in filthy conditions.

Veterinarian Dr Cam Day, who examined the dog in October, 2017, found it to be “an aggressive and dangerous dog’’ that was likely to cause further injury.

But Mr Cutbush claimed the biting incidents were staged or did not occur or, if they did, were caused by the victims and not the dog, the tribunal heard.

After a Queensland Civil and Administrative Tribunal hearing, Member Jeremy Gordon found Bandit attacked two joggers passing Mr Cutbush’s property, biting one, in March, 2017.

The injured female jogger was taken to hospital and, despite Mr Cutbush saying she only had a graze, Mr Gordon found it to be a serious attack.

Bandit has been at the centre of tribunal and court action since Scenic Rim Regional Council issued a dangerous dog destruction order in late 2017.

Mr Cutbush claimed someone had opened the gate and let then 18-month-old Bandit out, after neighbours had taunted his dogs.

Mr Gordon found that in July, 2017, there was a second serious attack by Bandit, in which he bit a man who delivered a letter to a neighbour’s mailbox, puncturing his skin on a leg.

In the third incident, in September, 2017, Bandit was found to have bitten a neighbour, leaving him with three deep foot and ankle cuts.

Mr Cutbush claimed the neighbour fabricated the dog bite and was injured when he kicked his fence or was injured by his own dog.

Mr Gordon said Mr Cutbush also claimed neighbours had taunted Bandit and encouraged it to escape from his yard. After the incident, Mr Cutbush was given notice of a destruction order.

On March 28, Mr Gordon confirmed the council’s destruction order, but stayed it for 28 days.

Mr Cutbush, who still says Bandit is not dangerous, is considering an appeal or application to reopen the case.

“Bandit’s a purebred red cattle dog from a very well known breeder. He was at puppy preschool and graduated with flying colours. We’ve never had any issue,’’ Mr Cutbush said.

In his District Court claim he seeks compensation for hurt and suffering.