Koha the Staffordshire Bull Terrier, similar to the canine pictured, was facing possible destruction. Photo / Stock Image
Koha the Staffy has a penchant for killing cats, with his latest victim being 18-year-old Smokey, a “slow and deaf” feline that was basking in the sun when she suddenly became the wandering dog’s prey.
But the death of Smokey also left Koha’s life hanging in the balance.
The Staffordshire Bull Terrier was impounded following the attack last December, leaving him facing possible execution as his owner, Kyle Rakai Te Hau Ratapu, awaited the outcome of the related District Court case.
Today, Ratapu, 48, was in New Plymouth District Court after having admitted a charge of owning a dog that attacked a domestic animal.
Judge Tony Greig was left to determine whether Koha should be destroyed or if there were exceptional circumstances in the case, meaning such an order should be avoided.
Referring to the summary of facts, the judge said the dog was classified as menacing in March last year following an incident where he roamed off a property and killed a cat.
Then nine months later, he repeated the act.
On December 7, Koha left his New Plymouth home and wandered to the complainant’s property, where his two pet dogs were in the backyard and his cat Smokey was outside resting in the sun.
The complainant heard his dogs barking and looked outside.
He found Koha in his front yard and Smokey’s body nearby, covered with blood and dog saliva.
The complainant took Koha and tied him up and then called the New Plymouth District Council (NPDC) Animal Control.
After the officers seized and impounded Koha, Ratapu was given notice stating why.
In response, he told the NPDC he had gone to check the mailbox with Koha and when he returned inside, he assumed the dog was with him but accepted he must have locked him outside.
Ratapu was apologetic, offered to pay reparation and told the council that if Koha were returned to him, he would keep him muzzled.
In court, defence lawyer Sam Hunt argued against the destruction order being made, submitting the circumstances met the “high threshold” for it to be avoided.
She said the first time Koha killed a cat, he was not at Ratapu’s home or in his care.
On the second occasion, when Smokey was killed, Koha briefly went out the door with his owner.
But Ratapu was unwell and in pain at the time and inadvertently locked him outside.
“Koha has then obviously not been restrained and been able to roam off the property,” Hunt said.
Koha was usually contained in the property, which is fully fenced and has a kennel.
Ratapu was deeply remorseful for the death of Smokey and understood his dog had to be muzzled and leashed while out in public.
“This was that 10m walk from the front door to the letterbox where he’d usually walk in a hīkoi or a heel next to him where he’s then returned, unfortunately leaving Koha outside,” Hunt said.
Koha was a well-trained family dog and not a risk to people or other canines, she submitted.
But Crown prosecutor Jacob Bourke, appearing on behalf of NPDC, submitted the case did not meet the exceptional circumstances test, which he explained was defined as an “unusual or one-off occurrence that is most unlikely to be repeated”.
He said Koha now had a track record of roaming from properties and killing pet cats and the risk of it happening again was not remote.
After considering the submissions, Judge Greig accepted Ratapu leaving Koha outside was an inadvertent error and that the pain he felt that day had taken his “mind off the job”.
Ratapu provided a medical note confirming he was unwell at the time.
“It would be unusual to intentionally lock your dog outside, any dog particularly one where there has been a problem in the past,” Judge Greig said.
He noted Smokey’s owners had been “objective and compassionate” and had not asked for Koha to be destroyed.
“Smokey was 18 years old and getting pretty slow and deaf. She would have been asleep and wouldn’t have heard the dog coming before it grabbed her,” the judge said, referring to the owners’ victim impact statement.
In ruling the case met the exceptional circumstances test, Judge Greig agreed Ratapu’s momentary loss of attention was a one-off failure to control his dog.
The judge noted Koha did not display any aggression towards Smokey’s owner or the dogs on his property when he was taken and tied up and was instead wagging his tail.
“He is not an aggressive dog. He will be a danger if comes across another cat that is asleep but I don’t think that’s going to happen,” Judge Greig said.
He spared Koha’s life but fined Ratapu $400 and ordered him to pay $250 reparation to Smokey’s owners.
“Thank you, Sir,” a relieved-looking Ratapu said before leaving court.
Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.
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