Instead, he was killed by a blow to the head with the mallet.
Tengu, 72, had earlier admitted a charge of wilfully ill-treating a dog in a way that left members of the public seated in the gallery visibly shocked when the summary of facts was read.
On Saturday, November 18 last year, Tengu was left in the sole care of Tama, a huntaway-Jack Russell cross, as family members went out for the afternoon.
Defence lawyer Mark Dollimore said family members had left Tama at Tengu’s home in Motueka in a hurry on their way to an event at Kaiteriteri.
Tengu arrived home from work to find the dog “wandering around the backyard, banging into things and looking unwell”.
He drank three beers to give himself “Dutch courage” to “put the dog out of its misery” by hitting it with the mallet.
Tama lay injured in the backyard until the family returned. Tengu admitted he’d tried to kill the dog but had not discussed this plan with family members beforehand.
Tengu later told the police he believed Tama was “walking around in a daze and banging into things” and that he’d tried to put it out of its misery.
Tama was rushed to a nearby vet but was euthanised after the family was told it would not recover from its injuries.
Dollimore said Tengu thought he was doing the right thing and had “been a mess since”. He had offered to pay the vet bill plus the cremation fee and had offered to buy Tama’s owner a replacement puppy.
“He just wishes he could turn back the clock but he can’t.”
Tengu was supported in court by his partner, who was visibly upset by what had happened. She said everyone in the family had loved the dog and was distraught by the events that had unfolded, but equally there was some sympathy for Tengu.
Judge Brian Callaghan said there was some dispute among the victims as to the effects on each, with one saying he was “shocked and devastated” by the terrible cruelty inflicted on the beloved family dog.
Another said in a letter read to the court by the judge that, while she was sad, she understood Tengu had intended to put the dog out of its pain.
“It was the wrong way but I kind of understand. I wished it had never happened but it can never be changed.”
Judge Callaghan said it was an unusual situation in the sense that the dog’s life expectancy was limited but Tengu’s action was “totally inappropriate” and, rather than put the dog out of its misery, he had instead left it badly injured.
“You know it was wrong and you regret it and you are remorseful.”
The judge said Tengu was also aware, as was anyone who owned dogs, that they became a part of the family and relied on humans for their support and, to a large extent, their socialising.
“This was just a horribly wrong decision made by you,” he said.
Taking into account all circumstances, he sentenced Tengu to 150 hours of community work and added that was not the course he would have normally taken.
Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.
