Townsville Bulletin

Dog fine appeal rejected

- ANDREW BACKHOUSE

A MAN whose dog mauled another person and dog in Townsville has failed in a bid to have two conviction­s overturned.

George Lukacs this month took Townsville City Council to the District Court of Queensland to appeal against two conviction­s in the Townsville Magistrate­s Court on March 23, 2016.

The charges related to his dog that either escaped or was released from his Hermit Park yard and attacked another dog and its owner on Riverview St.

As a result of the attack the dog suffered two puncture wounds, and the owner suffered multiple puncture wounds to his right hand while trying to gain control of the attacking dog.

The court heard that Lukacs told the victim he was not responsibl­e saying: “My child left the gate open and my dog got out.”

In the original hearing, under cross- examinatio­n in the magistrate­s court, Lukacs denied giving his son permission to take the dog out of the yard without a lead.

The appellant also confirmed that all gates to his property were secured with Dlatch locks. Lukacs was fined $ 1300. He appealed the conviction­s and fines on a number of grounds including that the “magistrate erred in finding that the appellant did not take reasonable steps to maintain his fence to prevent the escape and attack by the dog”.

Judge Durward SC found there was no error made and it was within the discretion of the magistrate to impose the fine.

The appeal was dismissed and the conviction­s and sentence upheld.

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