Menacing dog in video being whacked by Rockhampton council officers had long history of attacks

One of the dogs featured in a viral video that showed council workers whacking it with dog catcher sticks has been saved from death row at the 11th hour.

A ‘menacing’ dog that featured in a viral video of Rockhampton Regional Council workers whacking it has been saved from a destruction order after it allegedly attacked up to 10 people, three dogs and six chickens.

Moo Moo, who was owned by Aaron Jay Gulley, was subjected to a destruction order issued by Rockhampton Regional Council after being declared a menacing dog.

The council alleged Mr Gulley had not kept the dog in an enclosure and that Moo Moo escaped the yard and attacked multiple people and other dogs, along with killing six chickens.

Queensland Civil and Administrative Tribunal member James Allen delivered a decision in the case between Mr Gulley and council on September 8.

Animal Rights advocate Lyn Laskus confirmed Moo Moo, a border collie, was one of two dogs featured in a video with council staff which went viral in 2017.

“This is the dog that was featured on a home security camera in its own yard where a council officer entered the property and proceeded to use a catch pole in an inappropriate manner and it was posted on YouTube, not by Mr Gulley by the way, and he has been a target by the council ever since,” Ms Laskus told The Morning Bulletin.

The Bulletin contacted Ms Laskus at Mr Gulley’s request about this case.

Ms Laskus, who has advocated for many animals over the years, including Chao, Chocolate and Panic after allegations the dogs had attacked a human but no evidence was provided, helped Mr Gulley with his issues with council over Moo Moo.

Lyn Laskus

Mr Allen wrote in the QCAT decision Moo Moo was found in a chicken coop with several dead chicks and taken to council’s Animal Management Centre.

He also stated there was a long history of attacks which Moo Moo had been either proven or alleged to have been involved in.

Council, which had 10 notifications for Moo Moo on its records up to April 21, 2017, was first alerted to the dog on September 12, 2014 when it was alleged to have attacked another animal causing it minor injury in the form of abrasions.

The animals were in a public place – on the road in Herbert Street, Wandal.

The QCAT decision states that Moo Moo also attacked a person, causing fear, by biting the person and grabbing ahold of their shoe.

A menacing dog declaration was made on August 2, 2017.

Moo Moo was alleged to have attacked a person on June 21, 2017, as they carried out a letter box drop.

The alleged victim did not provide a statement, however Mr Gulley advised council Moo Moo may have been involved, and this advice led to a compliance inspection on August 28, 2017.

Months later, Moo Moo and another dog left their yard through an open gate and attacked a person and their dog.

Mr Gulley, according to the QCAT decision, is said to have admitted the dogs did run across the road, but his CCTV showed the dogs did not bite the alleged victim on November 18, 2017.

He did advise the gates were left open by his mother and the remotes did not work, though they did work when tested by council officers.

Moo Moo was then seized, but released once the ‘enclosure’ was compliant.

However, four days later, Moo Moo and another dog allegedly attacked three people.

Again, Moo Moo was seized, but released once the ‘enclosure’ was compliant.

The video of dogs being whacked by a dog catching instrument by council staff was uploaded to YouTube on November 25, 2017 and had 14,468 views as at time of publication. It had been posted elsewhere on social media in 2017 and racked up 33,000 views and was shared by hundreds within days of being published.

Animal advocate Lyn Laskus has confirmed Moo Moo is one of the dogs featured in the video with council staff which went viral in 2017.

Fourteen months after the video, Moo Moo allegedly bit a lady as she walked in Herbert Street having turned off Knutsford Street.

The woman’s injuries from the attack on February 17, 2019, included a puncture wound, bruising and swelling.

She described the dog as being dark brown, maybe black, and white with long/fluffy ears.

The woman told council the dog came from 6 Herbert Street, however, council officers determined the property, based on her description, was the one where Moo Moo lived.

She said the dog gave no warning signs and ran straight at her when it saw her so she had no opportunity to get away before it attacked.

According to the QCAT decision, council officers attended Moo Moo’s address, with police, to investigate the attack and seize the attacking dog if it was identified.

Moo Moo ran from the rear of the property and barked at their presence.

Mr Gulley was not home that day and stated over the phone that Moo Moo could not have attacked anyone on February 17 as he was not on the property and claimed it was a black/white Kelpie that was involved.

Eleven days later, council was called about another dog attack involving a dog allegedly from Mr Gulley’s residence where the victim stated he had been walking on Herbert Street on February 28, about 8.05pm, and the gate at Mr Gulley’s residence was open.

The victim stated he and his wife had been attacked by a dog from that residence two years prior, and a friend who had been walking in the neighbourhood for seven to 10 days prior to February 28, had been attacked.

Due to this knowledge, the victim backed away from the fence, facing the open gate, after hearing two dogs bark as he walked past on February 28.

The victim saw two dogs come to the gate with a terrier looking dog baring teeth and running straight at him, trying to get at the pram the victim was pushing.

The victim stated he tried to back away and pick up a sawn-off hockey stick he carried to ward off such dogs while walking at night and then went back to the dog to try and scare it away.

The victim claimed the dog looked for an opportunity to try and get closer to bite him or his son with his teeth bared.

The victim claimed he kept advancing for 30 seconds and he yelled at the dog repeatedly, trying to attract attention of an occupant of the house the dog came from.

The victim stated he heard someone exit the house and the dog went inside.

The victim claimed he moved 50 metres up the road, waited five minutes before returning to the gate of the house to see it was still open.

Moo Moo allegedly attacked a labradoodle pup that was being walked by its owner on August 14, 2019.

The labradoodle was not seriously injured.

According to the QCAT decision, council officers attended two days later to seize Moo Moo only to be met by a male named Toby who allegedly told the officers he was instructed to not allow anyone through the gate.

Council officers returned two days later with police, with Mr Gulley meeting them at the gate and allegedly telling them Moo Moo was dead.

Moo Moo was surrendered to council’s Animal Management Centre on August 22, 2020, by another man who had caught the dog in his guinea-pig hutch earlier that morning after it allegedly killed six chickens in the yard.

Council records show it was unable to determine if the chickens’ injuries were consistent with dog bites.

When council called Mr Gulley, he stated he thought Moo Moo was lost after he jumped off a boat while fishing in the river in November 2019 and he had spent three hours looking for him that day.

A statutory declaration was provided by a witness to Moo Moo’s river incident.

Meanwhile, council told Mr Gulley that Moo Moo, who had been impounded, required dental treatment and council would transport the dog to an appointment if Mr Gulley booked one.

According to the QCAT decision, Mr Gulley told council he believed dogs grew new teeth like sharks and had never had Moo Moo’s teeth checked and advised he would wait to see if Moo Moo would be returned to him before making an appointment.

Mr Gulley then told council on October 1, 2020, he had seen two dogs that allegedly looked like Moo Moo roaming loose around the neighbourhood, the QCAT decision states.

According to the QCAT decision, Mr Allen stated the owner of the chickens did not support the destruction order, stated he had found Moo Moo in the pen while another dog escaped and Mr Gulley had reimbursed the man for the chickens.

In his evidence to stop the destruction order, Mr Gulley provided character evidence in support of Moo Moo with multiple statements from people such as Ms Laskus who detailed a conversation with a postman who stated he never had any problems with the dogs at Mr Gulley’s property, but had issues with a dog in Mansfield Street.

The postman allegedly told Ms Laskus he had complained about the Mansfield Street dog, located three houses from Mr Gulley’s, after it had a go at him.

Lyn Laskus and her blue heeler x kelpie Yo Yo outside Rockhampton Regional Council’s City Hall.

Other witnesses stated they had never seen any aggressive behaviour by Moo Moo, that he was playful and when the gate was open, Moo Moo was chained up or kept inside.

One of the residents at Mr Gulley’s property stated she had never seen Moo Moo off the property without supervision.
Mr Allen stated he accepted Mr Gulley’s evidence Moo Moo may be of good behaviour with those who have been invitees onto his property, but did not accept that Moo Moo was never off the property without supervision.

He said there had been many times council officers had seen Moo Moo not inside his enclosure at times Mr Gulley was not present.

Mr Allen said in his decision that given the inconsistencies in Mr Gulley’s evidence, he ruled he favoured the evidence of the woman attacked in February and August 2019, along with council officers’ evidence.

“I am satisfied that when Moo Moo has the opportunity of leaving the property at 36 Herbert Street, he will attack people and animals who are passing by and for that reason he is dangerous,” he said.

Mr Allen stated Mr Gulley provided no evidence of Moo Moo having undergone any training.

“I do not accept that the dog was lost at any time having regard to the fact that the story took place apparently in February 2019 and November-December 2019 as well and it changed from being taken by a crocodile to chasing a kangaroo,” he said.

“Moo Moo is a regulated dog and if it had been kept in accordance with the conditions for regulated dogs following the declaration which was made in August 2017, then there would not have been all of the attacks which have occurred since.

“Mr Gulley has not complied with the conditions, and he has not given any indication he would comply.

“Previous fines have not resulted in him changing his behaviour either.”

Mr Allen said there was no other option but to issue a destruction order, however, he concluded if someone else was to take ownership of Moo Moo and keep him in accordance with the regulated dog conditions, that should take place over destruction.

He placed the destruction order on hold for 21 days to allow for Mr Gulley to make an application for the transfer of Moo Moo to another person.

Ms Laskus told The Morning Bulletin Moo Moo had been successfully rehomed.

Mr Gulley did not respond to requests for photographs of Moo Moo for publication.

Originally published as Menacing dog in video being whacked by Rockhampton council officers had long history of attacks