RottnBullies Haven

The Washington Post

Tuesday, August 11, 2009; 8:35 AM

An injured dog with a trash bag fastened around its body by duct tape was found last week in a trash receptacle in Southeast Washington, the Washington Humane Society said. On Friday, a woman spotted the dog's head protruding from the bag and called the society.

A Humane Society officer cut off the bag and took the dog to a veterinary hospital. A society spokeswoman said the dog might have been discarded after defeat in an illegal dog fight.

-- Martin Weil

Trooper's face was swollen and bloodied.

(Courtesy of Washington Humane Society)

Victoria / Australia

Morning Peninsula Leader
Editon1 Tue.4.March 2008.
By Christian Tatman ans Lisa Haberman.


"I HAVE got my dog back, l can't believe it."


With these words Paula Nicoholson broke down and wept tears of joy after winning an
epic battle to stop Mornington Peninsula council destroying her dog.

The council's case collapsed last week after a Department of Primary Industires (DPI)
review panel ruled the Mornington Women's dog Pony was not an American pit bull terrier
and as such a restricted breed.

The panel held a brief hearing on Wednesday before panel members assessed Pony and
made there decision. Ms. Nicholson told the panel Pony's mother was "cross breed with some
American pit bull,"but maintained Pony was a Bull mastiff cross.

But council officer Colin McLean argued Pony was an American Pit bull Terrier.
He said officers based their decision on the appearance of the dog and inconsistencies
in Ms.Nicholson's story about Pony.


Vet Gordon Watt, called as an expert witness by Ms.Nicholson, said Pony was an American
Staffordshire bull terrier cross bull mastiff.

Dr Watt said Pony's 'physical characteristics do not fit those of a pit bull. He is heavier and taller
than a pit bull should be'.

"The poor dog has been locked up in the council pound since May 16th last year and deserves
to go home."

Morning identity Maggie McDonald, who offered legal support and played a pivatal role in
saving the dog, indicated Ms.Nicholson would sue the council for compensation.


Tensions remained high in the hours leading up to the dogs release with police called to
the dog pound in Mornington to reslove a dispute over the terms under which Pony was
released.

The Supreme Court last year directed the DPI to set up another panel after finding the
first panel, which found Pony was an American Pit bull terrier, did not afford Ms.Nicholson
"procedural fairness"

A DOG owner has won Supreme Court action against a local council that wants to destroy her beloved pet, claiming it is an American pit bull.

Paula Nicholson said she was pleased after a judge yesterday ruled she had been denied natural justice.

But Ms Nicholson still faces an agonising wait for a review of "Pony's" case, and a final decision on his future.

She claims Pony is not a pit bull, but a bull mastiff-Staffordshire terrier cross.

She took the Mornington Peninsula Shire Council to court after its ranger impounded Pony in May as a restricted breed and told her the dog would be put down.

Ms Nicholson said in an affidavit she was shocked by the news.

"The thought of my dog Pony being destroyed has affected me emotionally and physically, and I have not been able to sleep properly," she said.

"Being an animal lover, I can not understand why anyone would want to destroy my companion and my best friend.

"Pony is a victim in this whole saga, yet he has done nothing wrong. This is a cruel and inhumane act."

The court heard Ms Nicholson appealed the ranger's decision, saying she had proof Pony was not a pit bull.

A hearing by three members of a Department of Primary Industry panel was held at the pound in July to determine Pony's breed.

In a secret ballot the panel members voted two to one that Pony was a pit bull.

Ms Nicholson claimed the panel hearing dismissed her photographic evidence of Pony's parentage and did not allow a vet called by her to fully address the hearing.

Her vet says Pony is not a pit bull and the method used by the panel to determine the breed was flawed.

Dr Gordon Watt said a panel member claimed because Pony had hazel eyes, a pink nose and rough coat he was a pit bull.

"In 24 years as a registered veterinary surgeon, I have come across many dogs with these characteristics who are not pure-bred American pit bull terriers," Dr Watt said.

Justice John Forrest said in his judgment yesterday Ms Nicholson should have been able to call evidence at the hearing, and the panel members did not perform their task within the law.

"It is clear, beyond doubt, that no proper hearing was afforded to the plaintiff," Justice Forrest said.

"The members of the panel simply examined the dog and then determined whether it did or did not conform with DPI guidelines.

"Evidence or submissions by the plaintiff were disregarded and the veterinarian was cut off by a non-panel member when giving evidence."

Justice Forrest ordered the council to hold a new hearing, noting that it should be performed by different officials.

Beloved pet: Paula Nicholson and her dog, Pony