Dog-fight couple escape jail term

By CLAIRE TREVETT

Two people convicted of dog fighting have escaped prison partly because of a judge's view that cruelty against animals should not be taken as equal to violence against humans.

Mokau residents Melissa Molly Jane Berryman, 32, and her partner, Johnson Dale Brent Murphy, 33, were yesterday sentenced in the Kaikohe District Court to 200 hours of community service, and each ordered to pay $1000 in costs. They were also banned from owning or caring for animals for three years and the eight of their nine dogs still alive were forfeited to the SPCA.

Judge Thomas Everitt said the combination of community service, forfeiture and costs was sufficient "to deter and denounce. It does not need to go as far as imprisonment. These are offences against animals and have to be put on a lesser level than offences against humans."

For Bay of Islands SPCA inspectors Jim and Gail Boyd, the sentencing marked the end of a long and costly battle to secure New Zealand's first conviction for dog fighting, a struggle lasting more than two years and which cost them nearly $18,000.

Mr Boyd said he was disappointed by the sentence, which he said failed to send a strong message.

SPCA chief executive Bob Kerridge backed him, saying the case was animal cruelty at its worst.

"I somehow feel the the only sentence that should have been imposed would be one of imprisonment."

He said Judge Everitt's comments about animal cruelty being of a lesser level than that against humans were ridiculous.

"If humans were put through what those dogs were put through, there would be a huge hue and cry. There is no such thing as 'just dogs'. They deserve the same respect as we expect from each other."

Judge Everitt said in court that the dogs were bred to fight and were not pets.

"We are dealing with a type of dog whose specific breeding and purpose was for fighting. Why anybody would want to have dogs like that in the country and not have them fighting is the $64,000 question." "

He said dog fighting was "contrary to the law and contrary to people's sensibilities".

"People do not want to see animals tearing each other to pieces. However, these dogs were bred and trained for fighting ... That is no excuse but it puts it into context."

Judge Everitt said there were no precedents of dog-fighting convictions to base his sentencing on.

But he considered this case to be in the middle of the spectrum as far as potential dog fighting charges were involved.

Tthe pair could not afford to pay any significant fine and Berryman's five children should not be made to suffer by taking what little money the family had.

Berryman said she and Murphy were innocent and had been unfairly vilified over the charges.

"My family and I ... have been treated like murderers. I'm not a criminal, I've never been a criminal and I never will be a criminal."

Outside the court, Mr Boyd said that when they found the dogs, they were so emaciated they were "like rakes with skin on them".

One pitbull terrier was destroyed because its jaw was rotting.

He said the dogs would be evaluated to see which could be rehomed.