Tauranga woman Helen Fraser, pictured at her trial last year, argued Chopper's life should be spared. Photo / Ethan Griffiths
Tauranga woman Helen Fraser, pictured at her trial last year, argued Chopper's life should be spared. Photo / Ethan Griffiths
The fate of a rottweiler that attacked a Tauranga vet hangs in the balance after the council appealed a court decision clearing its owner of wrongdoing.
Tauranga woman Helen Fraser was last year found not guilty of a charge of owning a dog that caused injury after the dog, namedChopper, mauled veterinary surgeon Dr Liza Schneider in October 2021.
If convicted, it would mean the dog was required to be put down and also carries a maximum sentence of three years imprisonment or a $20,000 fine.
Judge David Cameron found Fraser not guilty and concluded that Schneider failed to take reasonable steps to prevent the attack, despite having every opportunity to do so.
In the High Court at Tauranga on Monday, council lawyer Jodi Libbey told Justice Timothy Brewer that Judge Cameron had made an “error in law” after he had focused on the conduct of the victim, rather than Fraser’s legal responsibility to control her dog at all times.
“Meaning the sole issue is whether the respondent can establish that the defence of total absence of fault and it was agreed the onus was on her to prove that defence on the balance of probability.”
She argued that defence was not available to Fraser as there were practical steps she could have taken to prevent the attack.
Fraser was aware of her pet’s disposition yet chose instead to let her then-13-year-old son walk the dog on a leash towards the victim, she said.
Fraser, who represented herself at the appeal hearing, argued because of the manner in which Schneider behaved while interacting with Chopper and the precautions taken by her before and during the visit to the clinic, the appeal should be dismissed.
She said during the visit Chopper was “always under the control” and Schneider did not do what she was expected of her “as a professional”.
“The dog in question we believe was only reacting in self-defence, and we maintain that the true cause of this incident lies with the negligent actions of the veterinarian.”
Fraser also told Justice Brewer that should the appeal not go in her favour, she would file an application asking for exceptional circumstances to be found.
Justice Brewer reserved his decision.
Helen Fraser and son Ryan Tarawhiti-Brown. Photo / Alex Cairns.
The prosecution was taken after Chopper attacked veterinary surgeon Schneider during a consultation visit before a desexing surgery at Tauranga Holistic Vets.
Schneider was planning to assess the animal in the clinic’s carpark when the dog lunged at her twice from about 2m and attacked her, leaving her with a broken ulna, deep puncture wounds, and muscle and nerve damage.
Chopper remained in the Tauranga Dog Pound for nine months, awaiting Fraser’s judge-alone trial in the Tauranga District Court in July last year.
Outside court yesterday, up to 25 people gathered to show their support for Chopper and Fraser.
Dianne Everett, her daughter Alex Hyde and granddaughter Alinka, from Katikati, joined the campaign despite never having met Fraser or Chopper.
Waihi residents Selina Cameron and her husband, holding a placard, said they owned two rottweilers and wanted to show their support for Chopper and Fraser, who they also hadn’t ever met.
Fraser’s son Ryan Tarawhiti-Brown said he and his mother were buoyed by all the support.
“We never wanted this to happen and just want to be able to move on with our lives.”
