A MAGISTRATE yesterday said “it was a joke” he could not consider a jail term for a widow charged over a series of dog attacks at Wahgunyah which left an elderly woman hospitalised and shocked children and adults.
John Murphy lamented a law that sees magistrates unable to jail dog owners over attacks unless their animal has already been declared a dangerous dog by a local council.
At the time Maxine Smith’s dog Diesel bit grandmother Margaret Phemister on the bottom at Easter it had already menaced several other people but had not been deemed dangerous by Indigo Shire because the council was unaware of its string of run-ins with Wahgunyah residents dating back to August last year.
Wodonga Court heard yesterday Diesel, a male bull mastiff-great dane cross, and his fellow pet Angel, a female bull mastiff-great dane-bull abb cross, rushed at children as young as 11 months old as well as a range of elderly residents.
Smith, 38, of Blanche Street, Wahgunyah, pleaded guilty in Wodonga Court to five charges of being the owner of a dog which worried a person, five of being the owner of a dog found at large, three of owning an unregistered dog and single counts of owning a dog which rushed, owning a dog which caused serious injury and owning a dog which caused injury.
Mr Murphy was appalled by the attacks, saying “it was lucky no one was killed”.
“I’v e been farming for 25 years at my own property and I’ve never heard of anything as bad, it’s just outrageous.”
He added that “it’s a joke” he could not contemplate a jail penalty because of the lack of dangerous dog status.
“I would have considered a jail sentence here but I don’t have the power,” Mr Murphy said.
“My hands are tied, I can only fine her.”
Mr Murphy convicted Smith and ordered her to do 150 hours of unpaid work over 12 months after she decided to convert fines into a work order.
He directed the dogs be destroyed, saying “you would be risking someone’s life” if they were released from the pound where they have been held since Easter.
Smith’s solicitor Ross Kearney said his client, who became a widow after husband died in a car crash, was “deeply remorseful” and “absolutely shocked” when she learned the dogs had been rampant.
“She feels totally embarrassed, very humiliated and also deeply sorry that elderly people in Wahgunyah have been subjected to what can only be described as terrorising behaviour,” Mr Kearney said.
He noted Diesel and Angel belonged to Christie Lord, 16, the girlfriend of Smith’s son Kelvin, but as the only adult living at the property Smith was responsible for the dogs.
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