Dog shot
Oakford, WA (AU)

Incident Date: Tuesday, Dec 29, 2009

Disposition: Convicted

Defendant/Suspect: Alf Carter

An elderly pensioner and hobby farmer, who shot dead his neighbours' dog with "callous indifference", has been left more than $10,000 out of pocket after a magistrate today found him guilty of maliciously wounding the tied-up animal.

But Oakford great-grandfather Alf Carter, 75, told The West Australian after the verdict this afternoon that he shot the dog because it was a "dangerous dog" that had mauled his farm animals and he feared it would attack a child.

Armadale magistrate Elizabeth Langdon fined Carter $4000 and ordered him to pay $6400 in prosecution costs after convicting him of maliciously wounding the animal following a trial in February this year.

Carter said he was "very disappointed" with the decision.

Speaking from his home, Carter said he was an "animal lover".

The mastiff cross named Seven, which Carter shot twice in December 2009, belonged to his neighbours and tenants, Lisa McGarvey, who desperately tried to stop Carter from shooting the tied-up dog on her back patio, and her fiancé William Godsell.

The court heard Mr Godsell punched Carter after the shooting and Carter claimed he needed a hip replacement after falling from Mr Godsell's "kinghit".

Carter claimed his neighbours' dog had mauled and killed chooks, sheep and a working kelpie dog prior to the incident which sparked the shooting -- a dogfight which injured his other kelpie.

"That dog had to be put down because I was scared it was going to rip the throat out of a child if it got hold of one," he said.

Outside Armadale Magistrate's Court this morning, Ms McGarvey and Mr Godsell said they were pleased their former landlord had been punished and the case was over, but it would not bring their much-loved pet back.

Ms McGarvey said Seven, less than a year old, slept with their kitten and was not a "monster of a dog" as claimed by Carter.

Ms Langdon said Carter's actions were "cruel and inhumane" and the penalty needed to send a warning to others that animal cruelty would not be condoned in the community.

The court heard evidence it took about 10 minutes for the dog to die after Carter shot it in the chest and head and walked away.

Carter argued he was aiming for an instant-kill "brain shot", but Ms McGarvey was pulling and pushing at him when he fired.
Carter's defence lawyer Ross Kerferd said his client made a "mistake of judgment", but argued it did not involve "prolonged cruelty" and "heightened emotions" were felt by all parties.

RSPCA spokesman Tim Mayne described the shooting as a "disgusting act" and welcomed the penalty.

"Walking on to private property with a loaded shotgun and then shooting a dog is just unacceptable in anyone's terms," he said.

References

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