Alleged bite dog in let-off

Wags the Wulguru staffie had a win in court Tuesday, but his battle is not yet over.

Wags (pictured) is a threeyear-old male American Staffordshire terrier whose owners Isis and Wayne Symes are fighting against the Townsville City Council after claims their beloved pet was involved in a fatal dog attack in 2021.

On Tuesday their lawyer Michael Hibble told the Townsville Civil Court that there was an allegation

Wags was involved in an attack on a dog called Banjo, which lived next door to the Symes.

A couple of dogs were seen running towards a backyard after the incident, which later saw Banjo euthanized.

Banjo’s owner later claimed Wags was responsible but Mr Hibble said there were no witnesses to the attack and no sign of blood on Wags afterwards.

The council took Ms

Symes to court in July 2022 and she was found guilty over the alleged dog attack and fined $1500.

Townsville City Council declared Wags to be a dangerous dog.

“All the evidence is circumstantial and there has been a miscarriage of justice,” Mr Hibble told the court on Tuesday.

He said the council had even organised a dog ID parade and the neighbour identified Wags after just a few seconds, but added it was the only dog in the parade with a white stripe.

“No one witnessed the attack in person and we contend it cannot be beyond reasonable doubt that Wags was the dog responsible,” he said. Mr Hibble said Mr Symes had also offered to pay the vet bills for the neighbour’s dog, and the Magistrate had considered this to be an admission of guilt in the original case.

He said paying the vet bills had not been intended as an admission but as a neighbourly gesture.

Judge John Coker upheld the appeal, ordered that the penalty be set aside and sent the case back to the Magistrates Court for another hearing.

The council has been contacted for comment.