Owner loses long-running battle with council over ‘dangerous’ dog

A Brisbane woman who claimed her dog inadvertently collided with a greyhound at a council dog park has lost her long-running fight to stop the animal being declared “dangerous”.

Evie, the cattle dog, attacked a greyhound at a Brisbane dog park. File picture

A Brisbane woman who claimed her dog inadvertently collided with a greyhound at a council dog park has lost her long-running fight to stop the animal being declared “dangerous”.

Janet Elze told the Queensland Civil and Administrative Tribunal that Evie, her five-and-a-half year-old cattle dog, should not be declared dangerous by Brisbane City Council after the greyhound called Betty was wounded in the off leash area of a Brisbane park on August 1, 2022.

She took her case to the Queensland Civil and Administrative Tribunal in a bid to overturn the council’s February 6, 2023 decision to declare Evie dangerous.

Ms Elze told the tribunal she was not present at the dog park at the time of the incident but her relative Stephen Elze was, and he gave evidence.

“I accept that there was a collision between the two dogs that were both

running at high speed,” Mr Elze told the tribunal.

“Evie’s head collided with the stomach or shoulder area of the other dog Betty. This was as a result of Betty doing zoomies and Evie rounding up.

“The injuries sustained by Betty were as a result of said collision at high

speed and not an attack. I do not accept that there was an attack, I do not

accept that Evie bit Betty,” Mr Elze stated.

Betty the greyhound had two large gaping lacerations high up on her right chest wall and needed surgery. File picture: iStock

But in his decision handed down on May 19 QCAT member Stephen Lumb ruled that he was satisfied Evie “seriously attacked” Betty because “on the balance of probabilities, Evie did ‘attack’ Betty”.

“Evie ran at, lunged at, and bit Betty, without provocation. I reject the contention that Betty’s wounds were simply the result of an inadvertent collision between the two dogs. I further find that the attack caused the wounds suffered by Betty,” Mr Lumb concluded.

During the case there was no dispute that Betty was running through the park, described in evidence as doing “zoomies”, when Evie ran towards Betty.

The critical factual dispute between Ms Elze and the council was whether Betty’s injuries were caused by Evie biting her or by Evie’s teeth inadvertently colliding with Betty as Betty ran past.

Mr Lumb also found that Betty was wounded “doing nothing more than running around within the dog park; there was nothing remotely ‘hostile’ in her behaviour”.

Bracken Ridge vet Cindy Neville gave evidence to the tribunal that with Betty had two large gaping lacerations high up on her right chest wall and needed surgery to clean and close them under general anaesthetic.

As a declared dangerous dog Evie must wear a muzzle when in public and wear a distinctive collar with an attached identifying tag.

When at home Evie must be kept in a childproof enclosure with a sign stating a dangerous dog is there.