Whippet-cross Molly spared death sentence after owner Ben Arthur wins court case against Kingborough Council

KINGBOROUGH Council’s approach to dog management has been described as heavy handed by a man who took the council to court — at considerable cost — to have its decision to destroy his dog overturned.

Ben Arthur with six-year-old whippet cross Molly. Picture: NIKKI DAVIS-JONES

KINGBOROUGH Council’s approach to dog management has been described as heavy handed by a man who took the council to court and had its decision to destroy his dog overturned.

The council says it acted appropriately but respected the court’s decision to overturn the order.

Ben Arthur and his partner, of Blackmans Bay, adopted Molly from the Hobart Dogs’ Home in 2014.

He said she escaped from their backyard twice, once in June 2014, at which time she was immediately impounded and returned to her owners, and again in May last year.

When the matter reached the Hobart Magistrates Court, the court heard it was not reported that Molly made physical contact with any person or animal, or inflicted any serious injuries during two hours she was at large on the second occasion.

The court also heard Mr Arthur increased the height of his backyard fence after the May escape, and it had not been reported Molly had escaped, attacked or attempted to attack any person or animal since that time.

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Mr Arthur today said that five days after Molly’s May escape, Kingborough Council declared her to be a dangerous dog — and what followed was 16 months of emotional and financial stress.

He said the council refused to discuss the matter with him.

“I attempted to contact various people at council on numerous occasions to try and get some information on what had happened, why Molly had been declared dangerous and to try and resolve the matter,” Mr Arthur said.

“We got home from work one night to find a letter from the general manager stating his intentions to seize and destroy Molly.

“This was despite the fact that we had just lodged an appeal with the court.

“I felt bullied and that our family wasn’t safe in our own home.”

Dog owners and their four-legged friends rally at Kingston Beach against the Kingborough Council's new policy regarding dogs. Picture: LUKE BOWDEN

In his decision handed down last month, Magistrate Reg Marron ordered the declaration that Molly was a dangerous dog, and the notice of intention to destroy Molly, be set aside because he was “not satisfied to the requisite standard that there is a reasonable cause to believe that the dog Molly is likely to cause serious injury to a person or other animal” as required by the Dog Control Act.

Mr Marron also said Molly’s owners were responsible dog owners.

Mr Arthur said he was pleased with Mr Marron’s decision but had concerns for other Kingborough dog owners.

“The last thing I want is for someone else to have to go through this,” he said.

He also said the court action had come at a cost to him and to ratepayers.

“Instead of conducting compliance in the correct manner and engaging with us, the council chose to force the issue on the court at great expense to the ratepayer,” Mr Arthur said.

He said he and his partner were currently $25,000 out of pocket as a result of the court proceedings.

A Kingborough Council spokeswoman said: “Council acted appropriately in relation to this case and in accordance with provisions of the Dog Control Act. However, we respect the decision of the court.

“It would be inappropriate for council to make any further comment as the Magistrate is still considering the matter of costs.”

Kingborough Councillor Dean Winter said the council’s behaviour had been authoritarian.

“A resident and ratepayer has been bullied and harassed,” Cr Winter said.

“If there ever was a question about whether a change is needed at Kingborough Council, it has been answered.”

Kingborough Ratepayers Association president Mervin Reed said: “The dog oppression squad is just another part of the ever-growing compliance division of the Kingborough Council that spends all its time oppressing ratepayers, whom they consider interfere with the smooth running of the council.”