Attack left dog ‘terrified’

Owner found guilty of ‘cruel’ carpark beating

A DOG was left “terrified, worried and tormented” after its owner kicked the German shepherd in the head three times in a Gold Coast Bunnings car park.

Patrick Joseph McElligott attacked the pooch called Axel, with a witness saying the owner yelled “if you don’t find my effing car I’m going to beat you”.

An ensuing attack left the frightened animal trying to get away from McElligott, who rammed a knee into Axel and put him in a headlock. McElligott, who claimed he was “just playing”, was found guilty after a two-day hearing in the Southport Magistrates Court of one count of animal cruelty.

Magistrate John Costanzo, in a 16-page document released recently, said he found without a reasonable doubt McElligott was cruel to his dog in the Bunnings Oxenford carpark about 3.30pm on May 2 last year.

McElligott was sentenced to two years probation with restrictive conditions including attending anger management programs, regular drug and alcohol testing and that he must attend counselling.

The Bulletin understands Axel has been euthanased due to a genetic disorder which was causing him pain.

McElligott was walking Axel on a leash in the carpark when he turned to Bunnings worker Lawrence Hausmann and asked if there were “any cameras in the car park”. “(McElligott) looked at the dog and said ‘if you don’t find my effing car I’m going to beat you’,” Magistrate Costanzo wrote in his reasons for judgment.

Magistrate Costanzo said a second Bunnings worker saw McElligott yelling at the dog.

“He said (McElligott) lay into his dog with his foot,” Magsitrate Costanzo wrote.

“The dog was kicked to the head two to three times.

“That dog then cowered, bowed and also tried to get away or stay away from the defendant.”

Police were called and officers said the dog was still acting scared.

Constable Nick Wright told the court he saw McElligott putting a knee into the dog, placing the dog in a headlock and tackling the pooch.

But McElliogott told the court he was “just playing” and “showing who is alpha”.

Magistrate Costanzo said after considering the evidence it was clear McElligott had been cruel to Axel.

“The severity of the kicks, the repetition of the kicks and the evidence of the veterinarian that dogs are sentient beings and that they feel pain just like humans do, and the fact that each kick was to the dog’s head … and further the kicks were ‘abuse’ and did terrify and torment and worry the dog,” Magistrate Costanzo wrote.

McElligott, by court order, will not be allowed to own a pet for the next three years.