Farmer faces court after shooting dogs that attacked his sheep

An 80-year-old farmer who allegedly killed dogs that attacked his sheep will face court later this year after he was charged by a local Victorian council.

Tallarook farmer Denis Leahy faces court for destroying dogs that attacked and killed two of his lambs and attacked his ewes. Picture: Chloe Smith.

Mitchell Shire Council is taking 80-year-old Tallarook farmer Denis Leahy to court, claiming he “unlawfully destroyed dogs” that he caught killing two lambs and attacking ewes on his property.

Victorian Farmers Federation livestock councillor Peter Star said if convicted, Mr Leahy’s case could set a precedent that stripped farmers of the right to protect their livestock from dog attacks.

The Weekly Times has been briefed on the case, in which the council has charged Mr Leahy under Section 84ZA of the Domestic Animals Act, which states is an offence to unlawfully seize or destroy a dog or cat.

But local farmers, who have rallied behind Mr Leahy, say Section 30 of the same Act states: “The owner of any animals or birds kept for farming purposes… may destroy any dog or cat found at large— (a) in the place where the animals or birds (livestock) are confined”.

The Act also clearly states the livestock owner “does not incur any civil or criminal liability” for acting under section 30 of the Act.

Mr Leahy did not wish to speak on the record, but The Weekly Times understands he was able to stop the attack last September by calling the dogs over, after which he held them overnight to see if anyone would claim them, before shooting them the next morning.

It appears Mitchell Shire Council is arguing Mr Leahy did not have the right to shoot the two dogs – a bitch and male – because they were not “at large” at the time they were destroyed.

Mr Leahy runs a couple of thousand Merino-cross ewes and prime lambs on his property, which locals say the family has owned for several generations.

The case went to a contest mention in Seymour Magistrate’s Court this week, with a hearing scheduled for July 3 at Shepparton Magistrates Court.

The Weekly Times asked the council why it had taken action against Mr Leahy, but Mitchell Shire chief executive Brett Luxford said it was “unable to comment as this matter is before the court”.