A Great Dane puppy on death row has been spared, despite being declared a dangerous dog after his owner pleaded guilty to having a pet that attacked a child, causing serious injury.
West Footscray woman Diana Gardner and her son-in-law Ethan Solomon faced a total of six charges relating to Ms Gardner’s one-year-old dog, Xango, who weighs about 65 kilograms.
Maribyrnong council brought the action against the pair after Ms Gardner’s neighbour complained he and his son had been injured in several incidents between September 14 and November 18.
The dog was accused of twice attacking the neighbour’s four-year-old child, causing serious and non-serious injury; attacking his father, causing non-serious injury; rushing at a person in the street; and twice being off lead in contravention of a Maribyrnong council dogs in public spaces order.
Ms Gardner said Xango had just been trying to be affectionate and medical records showed the other parties did not have bite marks.
Thirteen residents provided court character references for Xango and 80 people signed a petition stating they “can vouch for his behaviour on an almost daily basis and consider him to be a well-behaved puppy”.
Xango lives with Ms Gardner, her daughter, son-in-law and four grandchildren aged four to eight years.
Ms Gardner maintains the child’s “serious injury” was caused after he fell onto a bike while playing with her grandchildren.
“[He] … had been in our place playing with my grandkids and vice versa. We were so concerned when he injured himself by falling on a bike pedal along our back sideway.
“His father took him to emergency about three hours after the injury then came to our door and assured us he was going to be fine and accidents happen.”
After the third incident, the dog was impounded on November 22.
On Friday morning in the Sunshine Magistrates Court, the council’s legal representative sought an order to have the dog destroyed because there had been “three attacks on three separate occasions, one on a four-year-old child and one on the father”.
However, by the afternoon, the two parties reached a compromise which Ms Gardner agreed to in order to save her dog. The injured child’s parents did not attend Friday’s contest mention.
Xango was declared a dangerous dog and must meet strict conditions before he is released, including wearing a collar stating he is dangerous, and a muzzle and lead when off his property. He must be locked up if no one is home.
Ms Gardner was fined $1500 and her son-in-law was fined $800. They will have to spend another $7000 to secure Xango’s release from the lost dog’s home, have him desexed and build a “dangerous dog pen”.
Ms Gardner said she was excited to see Xango and was “counting down the two weeks before he comes home”.
