Farmer loses court case after shooting dogs that attacked his sheep

An 80-year-old farmer charged by the Mitchell Shire with unlawfully destroying dogs that attacked his sheep has lost his court case.

Mitchell Shire Council has succeeded in its legal action against 80-year-old Tallarook farmer Denis Leahy, who it charged with unlawfully destroying dogs that killed his sheep.

Mitchell Shire Council has succeeded in its legal action against 80-year-old Tallarook farmer Denis Leahy, who it charged with unlawfully destroying dogs that killed two lambs and attacked ewes on his property.

The case that was listed to be heard at Seymour Magistrates Court last month, is now down for a diversion hearing on Tuesday, July 16, which means Mr Leahy has acknowledged committing the act to avoid having a criminal record.

Mitchell Shire has refused to comment on the case and neither Mr Leahy, his lawyers nor a neighbour who supported him through the case, have responded to requests for comment over the past week.

When The Weekly Times was briefed on the case earlier this year, it was told Mitchell council had charged Mr Leahy under Section 84ZA of the Victorian Domestic Animals Act, which states is an offence to unlawfully seize or destroy a dog or cat.

But local farmers, who rallied behind Mr Leahy at the time, said 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.

The Weekly Times understands Mr Leahy 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 has argued 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.

Victorian Farmers Federation livestock councillor Peter Star called Mr Leahy earlier this year, who he said was “so upset about going to court, after doing the right thing, in his mind”.

“I feel so sorry for him, as an old bloke who has never been before the courts before. He’s been crucified for being honest.”

“They bloody dogs were killing his livestock. (But) it will make farmers think twice before pulling the trigger.

“Like they say: ‘If you shoot your neighbours’ dogs attacking your livestock, never tell them’.”

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