Dog attack pair lose legal bid

The owners of American staffordshire terrier Joey that mauled 7-year-old Carolina Anderson in January lost their bid for a rehearing of the case in the Auckland District Court yesterday.

Brian Clarke Hill, 44, and Thomas Henry Owen, 55, were effectively seeking to change their February plea of guilty to a joint charge of owning a dog that seriously injured Carolina to not guilty. But Judge James O'Donovan denied their application.

After the judgment smiles broke out in court on the faces of Carolina's father, John Anderson, and the police officer in charge of the case, Sergeant Nicole Topfer. They shook hands.

But Owen's lawyer, Peter Boylan, declared: "The fight goes on."

The men are now on bail awaiting a High Court appeal to their two-month jail sentence without the possibility of home detention imposed on them by Judge O'Donovan in March. The appeal is expected to be heard within about two months.

But outside the court Hill's lawyer Lorraine Smith said consideration would be given to seeking a judicial review of the judgment.

Mr Anderson said he was elated at the verdict. He said allegations made during the hearing were like a festering sore.

"We're trying to get on with our lives."

He said Carolina was in great spirits and back at school although a nurse aid was with her all the time and she had another operation due.

Outside the court Mrs Smith repeated a claim she had made in court that she hoped there was "not another dog out there".

The allegation that another dog might have caused Carolina's injuries was a key component of the men's cases for a new, defended hearing.

In his final address Mr Boylan said Owen's application for a rehearing ought to be granted to avoid a miscarriage of justice.

Owen had not received advice of a defence lawyer, he had an alibi and Joey might not have been responsible for the attack. Owen did not own Joey which was registered in Hill's name.

Mrs Smith referred to a stick figure picture of the attack showing two dogs. It was revealed yesterday that it was drawn by an 8-year-old Italian girl.

"We simply don't know what happened that night ... The horrible thing is there may be another dog out there waiting to savage another child," Mrs Smith told the court.

Judge O'Donovan said during the hearing that both men had criticised the adequacy of the advice from their previous counsel, Paul Wicks, but the judge said he had been impressed by Mr Wicks.

"I can find no grounds to criticise Mr Wicks."

Judge O'Donovan said he was of the view that Joey was in the possession of both men.

"It is clear in my view that both applicants regarded Joey as their pet."

He said that from the evidence of witnesses who were present on the night it seemed "inescapable" the dog that one witness, Jacopo Detti, was holding was the same dog he and Mr Anderson had pulled off Carolina before Mr Detti was approached by Owen, who claimed the dog.

The judge said of the child's picture: "I conclude she saw one dog and drew the same dog on two different occasions."

He said that Joey attacked Carolina perhaps because she was wearing a hood covering part of her face.

Police last night said they were confident there was no second dog involved in the attack.

Inspector George Fraser, in charge of Auckland West, said Hill and Owen had to face up to the reality their dog had been the animal responsible for the attack.

The case

In February Brian Hill and Thomas Owen plead guilty to a joint charge of owning the dog that mauled 7-year-old Carolina Anderson.

The men are sentenced to two months in prison.

In the Auckland District Court yesterday they lose their bid to have the guilty pleas set aside for a rehearing.