NT Council confiscation of dog. Length of investigation. Initiating claim to return dog.

Discussion in 'Other/General Law Forum' started by Jeremy_K_H, 7 March 2018.

  1. Jeremy_K_H

    Jeremy_K_H Member

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    Facts:
    A dog allegedly attacked and wounded a person. Palmerston council confiscated the dog 'pending investigation'.
    No eye-witness evidence available which supports the alleged attack. The only first-hand evidence is coming from the victim. All other witnesses who arrived on scene did not see the attack.

    The dog has been held by the council for 15 days now.

    The question I have:

    Is there a way to make an application for the court to order the return of the dog, considering the length of the investigation? Is there a maximum amount of time the council can hold the dog in captivity to investigate?
     
  2. Clancy

    Clancy Well-Known Member

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    I notice you avoided the hugely important fact of where the alleged attack occurred? On your private property or on public property? Did the witnesses observe that your dog was loose?

    If you fail to keep your dog from getting loose then you are legally exposed and so you should be.... unless someone else released it, but that would be hard to prove.

    But just the fact that your dog was loose is enough that any alleged attack will be taken as truth and so it should be.
     
  3. Jeremy_K_H

    Jeremy_K_H Member

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    Sorry.

    Yes the dog was loose. But there is evidence of enticement. The person who was allegedly attacked has been witnessed using a stick on previous occasions to bang on the fence as she walks past.
    Not only that, but the victim was walking her dog as well. There are no bite marks on her arm, and hospital reports are conclusive of a fracture which may have occurred from a fall.
    I'm thinking that perhaps the dog's got into a fight, and she was yanked and fell over by the lead landing on her arm.

    In any case. You answered none of my questions.
     
  4. Clancy

    Clancy Well-Known Member

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    Well it may not answer your question but it is important because if the dog was loose, then that diminishes your rights in dealing with council, and now other people can give you a more accurate answer.
     
  5. Rod

    Rod Lawyer
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    Ask the council under what by-law/regulation they are operating under to hold the dog and post their answer here. The name of the regulation will not be sufficient, we'll also need the specific section or provision they are referring to.

    If your dog has any previous history it may make the task of getting a release harder.

    BTW, how did the dog get out, and what steps have you taken to make sure it can't happen again, and how old is the girl?
     
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