The dog that savaged 7-year-old Carolina Anderson got a stay of execution last night after a court had ordered it put down.
Police say the stay came after the Sunday Star-Times threatened court action to stop the dog being destroyed, apparently in a bid to secure its photograph.
The Auckland District Court
had ordered the American staffordshire terrier be put down after its owners pleaded guilty to charges relating to the attack on Carolina at a Westmere park a week ago.
Thomas Henry Owen, 55, and Brian Clarke Hill, 44, admitted a joint charge under the Dog Control Act of owning a dog, Joey, that caused serious injury to Carolina.
The offence, for which they face sentencing next month, carries a maximum penalty of three months' imprisonment and a fine of $5000, or both.
Carolina's father, John Anderson, said last night that he was aware the dog had not been destroyed as ordered, but said: "At least it's in the pound and can't hurt anyone."
After court yesterday Thomas Owen said: "If the dog did that and it has to be destroyed, it has to be destroyed."
Later at the Ponsonby house the two men share, a visibly upset Owen said he was "really distressed" and could not be held responsible for anything he might say.
Owen and Hill, sickness beneficiaries, were remanded on bail until March 12.
Animal Control Services manager Ken Muir said the process of putting Joey down by lethal injection had nearly begun when police told him to stop.
Police spokeswoman Noreen Hegarty said the Sunday Star-Times had warned of court action to delay the dog's destruction until it could photograph the animal.
"That's what I was notified they were going to do, so as a precaution we stopped what was almost in progress," Ms Hegarty said. "We needed to respect the power of the court if that was going to come about."
Ms Hegarty said police now understood no action would be taken and they would discuss a new destruction time with Animal Control Services.
Sunday Star-Times editor Sue Chetwin said the newspaper had several "fractious conversations" with police yesterday but denied any threat to prevent the execution.
"We have no interest in keeping those dogs alive."
Neighbours of Owen and Hill told the Herald the men's two dogs were well looked after, locked away and had not caused problems. There were "worse dogs" in the area, one said.
"They were like their children. The dogs had first consideration. They took them walking every day and night, always on a lead," one neighbour said.
Another neighbour said, however, that her partner had warned her to be wary of the dogs. She did not think Owen and Hill realised their potential danger.
The men were described as "great neighbours" who treated people "with every consideration".
They are well known in Ponsonby, where they used to own Shears Hair Studio in the Pompallier Centre.
The court heard that Owen and Hill showed no remorse and appeared concerned only for their self-preservation after the police executed a search warrant on their home on Wednesday.
After the hearing their lawyer said his clients intended to take restorative justice steps and they would meet Carolina if the Andersons agreed.
Although police described Joey as an American staffordshire terrier Megan Lee, who has been breeding such dogs for 10 years, said that from television images she would pick Joey to be a pitbull or a cross.
The breeds appeared similar to the untrained eye but had different temperaments - a pitbull would initiate an attack whereas an American staffordshire would not go looking for a fight.
Meanwhile, Carolina remains in Kidz First Hospital and is in line for several more rounds of surgery. Her ongoing health care costs are most likely to be covered by ACC, including her medical and dental bills, prescriptions, transport to further hospital appointments and support services for her and her parents.
Mr Anderson, an architect, says he will travel to Wellington next week and confront politicians, including Prime Minister Helen Clark, with photographs of his daughter's wrecked face.
He wants immediate changes to laws on dog control, including the banning of dangerous breeds. "I'm in it for the long-haul but it doesn't have to be a long-haul. It's up to the Government."
All dog owners should be registered and dogs in public areas should be muzzled "in the same way we have to wear safety belts, and helmets on our pushbikes".
Herald feature: When dogs attack
How you can help
A trust fund has been opened for 7-year-old dog attack victim Carolina Anderson. You can send a cheque to: Carolina Anderson Trust Account, BNZ, PO Box 46-294, Herne Bay, or donate over the internet to BNZ account number 020 248 000 3002-000.
The Herald is backing an appeal to raise money for a $150,000 operating-room microscope for Middlemore's plastic surgery unit. The microscope is essential in minute plastic surgery work such as reattaching nerves. Middlemore has two, used on Carolina Anderson and the victims of the Pipiroa sword attack, but they need replacing. Donations can be sent to: The Microsurgery Appeal, Editorial Department, New Zealand Herald, PO Box 706, Auckland.