Man who sprayed dog ‘wanted case to go to court’
THE dog owner whose pet was sprayed in the face with oven cleaner never intended the case to go to court.
Instead it was the dog’s assailant who insisted on taking it to trial, dragging her through ‘‘a second ordeal’’, Donna Pewhairangi said.
‘‘I was the one who was made to look like I caused the incident,’’ she said yesterday, as Sergey Zhernov, 59, was found guilty of ill-treating her stafford shirelabrador cross Toko.
Ms Pewhairangi, of Porirua, said her cross-examination in Wellington District Court on Thursday left her so rattled that she had to take yesterday off work.
All she asked after the incident was that Zhernov, also of Porirua, pay her vet’s bill, and agree not to carry oven cleaner around. But he insisted on taking the case to court, she said.
The case was unusual because it was believed to be the first time that self-defence had been used for a charge involving a dog.
Zhernov argued that he carried the oven cleaner spray because he was scared of ‘‘fighting breeds’’ after his mother was attacked by a dog.
He said after the court hearing that there were eight pitbulls, rottweilers and staffordshire bull terriers in the street where his mother lived, and he had seen an attack on a postal worker.
So when he saw Ms Pewhairangi walking her two dogs, Toko and Tiki, on a track above Ascot Park, Porirua, in January last year, he called out for her to put the dogs on a leash.
Ms Pewhairangi said she told him the dogs were not aggressive but, as she neared him, ‘‘I could see he had something in his hand. Before I could do anything, he squirted her.’’
The object in Zhernov’s hand turned out to be a can of Easy-Off oven cleaner, which he sprayed in Toko’s face.
As Toko tried to remove the spray from her eyes, Ms Pewhairangi argued with Zhernov, who refused to reveal what he had sprayed in the dog’s eyes. ‘‘He wouldn’t tell me. It got really heated. He kept walking away from me.’’
At the top of the track, Zhernov tripped over a branch then got up and again sprayed Toko with the oven cleaner, she said.
As a result of the spray, Toko was confined inside for two weeks, having to avoid sun, rain, wind and dust.
‘‘She is a pretty wimpy dog,’’ Ms Pewhairangi said. ‘‘It was a bit of a shock to know something like that would happen.’’
Zhernov was sentenced yesterday to pay $263 in vet bills and to do 75 hours of community work.
Judge Chris Tuohy asked to be reassured that Zhernov would not be out looking for dogs again while carrying the spray can.
Zhernov’s lawyer, Michael Bott, said Zhernov had told him he was still walking, but was not taking the spray can with him.
Outside court, Zhernov said he thought all fighting breeds should be muzzled in public. ‘‘An attack by two of those dogs is a death sentence.’’
Porirua Mayor Nick Leggett, who knew Ms Pewhairangi and Toko from community mayoral walks, said he was ‘‘naturally cautious’’ of dogs, but had always found Toko ‘‘to be a really placid and good-natured dog who likes people and is well-controlled by her owner’’.