A judge has ordered Chopper must be put down after his owner was convicted of owning a dog causing injury. Photo: Supplied
Cries of "no way" rang out through a courtroom as a judge ordered the destruction of a Tauranga rottweiler that bit a vet.
Chopper's owner Helen Fraser was convicted of owning a dog causing injury at the Tauranga District Court on Monday.
The charge carries a maximum sentence of three years' imprisonment or a $20,000 fine.
Fraser was crying with her head in her hands as Judge David Cameron gave his decision to have Chopper euthanised. This was a mandatory requirement of the conviction, unless exceptional circumstances could be proven.
Security cleared the packed public gallery of Fraser's supporters, some of whom swore and yelled, after the announcement.
Fraser's dog Chopper bit veterinarian Dr Liza Schneider during an appointment to discuss the dog's neutering in October 2021.
The attack left Schneider, the owner of Holistic Vets, with a fractured ulna, four puncture wounds, nerve and muscle damage and required two surgeries.
During the sentencing hearing in June, Schneider said in her victim impact statement: "This was the most aggressive and unprovoked attack I have ever experienced in my 22-year career as a veterinarian, which has included working with aggressive and dangerous dogs."
Tauranga City Council initially failed in its prosecution when Judge Cameron dismissed the charge in July 2022, after a judge-alone trial held in June that year.
Chopper was released from the pound following this decision, after 271 days there.
The council appealed Judge Cameron's decision stating they felt the judge had made an "error of law" by focusing on the conduct of the victim, rather than Fraser's legal responsibility to control her dog at all times.
The appeal judge, Justice Timothy Brewer, upheld the appeal and found Fraser guilty of the charge.
Helen Fraser and her son Ryan Tarawhiti-Brown outside court in April. Photo: Alisha Evans / Sun Media
Fraser's lawyer Lynne Mathieson filed for a discharge without conviction, which if granted by the judge would mean Fraser was guilty of the offence but have no criminal record. She also sought exceptional circumstances to prevent Chopper's destruction.
In giving his decision, Judge Cameron said it was a strict liability offence and "only a complete absence of fault will excuse the owner of the dog".
He gave details of the events leading up to the attack, where Fraser's son Billy was holding Chopper on a lead outside the vet clinic near the family's car.
"The veterinary surgeon approached and the dog lunged at her, causing the injuries described."
Justice Brewer, in his appeal decision, held that Fraser could have avoided the situation by putting Chopper back in the car or held the dog herself, Judge Cameron said.
"The defence position is that Dr Schneider shared some of the culpability for the offending. I do not accept this.
"The charge required Ms Fraser to prove a total absence of fault, and she failed to do so. The only person culpable is Ms Fraser.
"The extent of the injuries caused to Dr Schneider is a seriously aggravating factor of the offending ... the attack has had enormous negative consequences for her."
Ryan Tarawhiti-Brown and supporters outside court after the judge announced his decision on Monday. Photo: Alisha Evans / Sun Media
Judge Cameron said he did not accept the Fraser had shown remorse for the offending because she was complicit in her son's running of a social media page that blamed Schneider and criticised the council.
He declined the discharge without conviction because the "gravity of the offending is moderately serious" and there was nothing to suggest the consequences of the decision would be "out of all proportion" to the gravity of offending.
With the application for exceptional circumstances, Judge Cameron said: "I agree with the council that … any person could have exited the [vet] clinic and been attacked by Chopper.
"I also agree with the council that there can be no expectation that the dog would behave in a different way in similar circumstances in the future."
Under section 58 of the Dog Control Act 1996, he made the order for the destruction of Chopper.
The council did not seek a fine, only reparation to be paid to the victim.
Fraser was ordered to pay $2894.50 for medical expenses and emotional harm, substantially less than the $100,000 Schneider was seeking.
Speaking outside court, Fraser's son Ryan Tarawhiti-Brown said he was numb and in shock.
"The worst thing is dogs in New Zealand have no rights."
Tauranga City Council regulatory and compliance general manager Sarah Omundsen acknowledged "this has been a difficult and long process for everyone involved".
"As a territorial authority, Tauranga City Council is required to enforce the Dog Control Act 1996. The decision to prosecute a dog owner is never taken lightly, and our focus is always on keeping the community safe."
Local Democracy Reporting is Public Interest Journalism funded through NZ On Air