Former top policeman John Dewar, embroiled in a stoush with the Waikato District Council over his dog Peanut, has applied to have charges against him and his wife Louise struck out, saying the council abused process.
He is charged with owning a dog that attacked a domestic pet, and is
jointly charged with his wife, Louise, with being a person in charge of a dog and failing to keep it under control.
The Dewars were warned by the council after labrador-cross Peanut allegedly attacked a neighbour's dog in November last year and, upon the Dewars agreeing to pay the owner's vet bill, the council agreed to leave the matter. But after they failed to pay the bill, the council fined them.
The Dewars denied liability and the council then laid the charges, which carry a fine of up to $3000 and could result in Peanut being destroyed.
In the Hamilton District Court yesterday Dewar's lawyer, Giles Brant, said the council had acted in a despotic way. Council officers had blackmailed the Dewars when they did not pay the vet bills.
"We started with just 'tie your dog up'. Now Peanut's life is in jeopardy," Mr Brant said. "The ends do not justify the means."
The lawyer for the council, Clayton Luke, said the council had presented a compromise to the Dewars, and when it was not followed through they were issued with a fine.
He said the charges were laid in accordance with the relevant act, and in the council offering the compromise of paying the vet bills the threat had been dealt with and the public good served.
He said there was no intent to blackmail.
Judge David Ongley reserved his decision.
