Phophinder, Dion Shergill found guilty of owning dogs that mauled Winchelsea woman
A magistrate has handed down her ruling on whether a pair of dogs owned by a father and son duo were responsible for a vicious and brutal mauling of a woman in Winchelsea.
Geelong
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A magistrate has found a father and son guilty of being the owner of dogs that mauled a woman in a “shockingly severe” attack west of Geelong.
Father and son Phophinder and Dion Shergill had contested that their Staffordshire terriers were responsible for the vicious mauling of the woman by two dogs on Trebeck Crt in Winchelsea on May 9 last year.
The woman, who was out for a jog at 4.30am, was set upon by the dogs and left in an induced coma in hospital.
The pair were charged by Surf Coast Shire after the dogs were seized and the case progressed to a contested hearing in the Geelong Magistrates Court that ran across two days in May.
Barristers Raoul Stransky and Gordon Chisholm represented the shire and Dion Shergill, respectively, while Phophinder Shergill represented himself.
The circumstances of the attack were never in dispute, but the two men denied it was their dogs that had attacked the woman.
On Thursday, Magistrate Ann McGarvie handed down her decision, finding both men guilty. of being the owners of dogs that were at large and caused serious injury.
Both men had, prior to the hearing, pleaded guilty to owning unregistered dogs.
Ms McGarvie told the court the victim, and two police officers who arrived at the scene and pepper-sprayed the dogs, all identified the dogs as being the Shergills’ dogs.
All three had previously and independently encountered the Shergills’ dogs, the court heard.
The court heard a neighbour testified on behalf of the defence, saying she believed the dogs responsible were a pair of bull mastiffs.
However Ms McGarvie said “neither of the dogs seen on the road, were similar to the dogs (the neighbour) described”.
Ms McGarvie said she was satisfied beyond a reasonable doubt that the two dogs that attacked the victim were the Shergills’ dogs, and found both men guilty.
Following the verdict, barrister Mr Stransky tendered victim impact statements from the victim and her children.
Mr Stransky said the shire would be seeking costs – both pound costs for housing the dogs and legal costs – and also for the destruction of the dogs.
The estimated pound costs add up to more than $30,000, while the legal costs were put at $28,180.80.
The question of whether or not the dogs should be put down and the men banned from owning dogs for a decade sparked heated discussion, with Ms McGarvie even raising her voice at the elder Shergill.
“I don’t really agree that the dogs did the attack,” Phophinder said at one point.
Ms McGarvie said the victim had “parts of her body were bitten off” and asked Phophinder to stop denying what had happened.
“I’m sorry to have raised my voice,” Ms McGarvie said.
Ms McGarvie adjourned the matter to July 1 to hand down her decision on penalty, whether the dogs would be destroyed, potential animal ownership bans and costs.
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Originally published as Phophinder, Dion Shergill found guilty of owning dogs that mauled Winchelsea woman