Two people accused of owning a dog that attacked a four-year-old at a Merivale home have elected a judge alone trial.
Anthony Hedgemen, 32, and a woman, who has interim name suppression, are each facing one count of owning a dog that attacked a person causing injury.
The pair accused of owning a dog that attacked a four-year-old have elected a judge-alone trial. Photo: File.
The pair appeared in Tauranga District Court on Tuesday where their lawyer asked Judge Louis Bidois to change their application for a jury trial to a judge alone trial.
Hedgemen and the woman were charged after a four-year-old boy was attacked by a bull mastiff dog while visiting a family friend's house in Merivale on July 12.
The pre-schooler suffered facial injuries and was rushed to Tauranga Hospital before being flown to Waikato Hospital for specialist care.
The attack was reported to Tauranga City Council on July 13 when the dog was promptly impounded. It has since been put down.
In court yesterday, the pair's lawyer said there was an issue surrounding total absence of fault in relation to Hedgemen not being present when the alleged offending happened.
She said he believed the proper steps had been taken to ensure the dog was under control as it was in an enclosed yard at the back of the house.
Judge Bidois asked who had let the child out to where the dog was and was told the mother of the child let him into the backyard after being told by the accused woman it would be okay.
The pair's lawyer says they have owned the dog for several months and have not had any problems of this nature.
'The very nature of this dog should make people cautious. There is no suggestion this was deliberate and the dog wasn't down the street without a lead,” said Judge Bidois.
The pair were remanded on bail until December 9 when a fixture hearing is scheduled to take place.
2 comments
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Posted on 16-10-2013 13:07 | By whatsinaname
why are these two owners of the dog different from any one else and have special treatment
duck and dive
Posted on 16-10-2013 14:13 | By autochick
Why indeed as this same dog attacked a lady weeks before ,.......then same man gets bb gun out and shoots tame/wild seasonal duck that comes to merrivale ........
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