A man was attacked by a dog when he went to Natasha Kahu's house in New Plymouth to fix her car. Photos / 123rf, supplied
A man was attacked by a dog when he went to Natasha Kahu's house in New Plymouth to fix her car. Photos / 123rf, supplied
WARNING: This story contains graphic details and an image of a dog attack injury.
A man visiting a property to fix a car was left with a gaping wound in his leg and facing possible amputation after being attacked by a dog that had previously bitten another person and beenimpounded several times.
The 62-year-old was at Natasha Raedine Kahu’s house in New Plymouth when her dog Boogi, a bull mastiff-boxer cross, wandered into the front yard dragging a chain around his neck.
At the same time, the man walked towards a vehicle in the driveway, intending to inspect it, New Plymouth District Court heard today.
The man spent three days in hospital after the surgery and had to be readmitted the next month because of issues with the wound.
Animal Control was later advised of the attack and Boogi was seized.
Natasha Raedine Kahu appeared in New Plymouth District Court for sentencing after her dog attacked a 62-year-old man. Photo / Tara Shaskey
After the March 27 incident last year, Kahu, 54, was charged with owning a dog that attacked and caused serious injury, which she admitted.
At her sentencing today, Judge Gregory Hikaka said the man recalled the dog “ripped” a chunk from his shin “and ate it in front of me”.
“I got him away but he came back. The only way I got away was that he was eating the flesh from my leg,” the man said in a statement read by the judge.
The man said he was immobile for three months and in a lot of pain.
He had to undergo follow-up surgery, the injury became infected twice and he was warned that if he did not rest his leg, it would be amputated at the knee.
The judge said the man was unhappy that Kahu’s inability to restrain Boogi had caused him so many ongoing issues.
In her affidavit, Kahu claimed the dog had not been aggressive before and children often visited the property and were safe around Boogi.
She believed the attack involved exceptional circumstances, including that Boogi had been on a chain and she thought he was secure.
However, she had not realised the chain had detached from the house and he was roaming the yard.
Kahu said Boogi was protecting her and the property when he attacked the man.
Defence lawyer Susan Hurley argued Kahu should be discharged without conviction on the basis that if convicted, it would risk her current employment.
However, Hurley submitted that if a conviction was entered, Boogi should not be destroyed, given that exceptional circumstances were involved.
According to the Dog Control Act 1996, if an owner is convicted, the court must make a destruction order unless it can be proven that the circumstances of the attack were exceptional.
Prosecutor Jacob Bourke, appearing on behalf of the New Plymouth District Council, opposed the application for a discharge without conviction.
The victim had to undergo surgery and spent three days in hospital as a result of the dog attack.
Bourke told the court Boogi had previously bitten a Kāinga Ora property manager and had a history of being impounded.
He referenced Kahu’s affidavit and her belief that the dog was not dangerous.
“I don’t really understand how that can be her position given it’s bitten people before and it’s got loose, and the council has been involved with her a number of times and have given her chances, warnings and educational opportunities.”
Hurley confirmed Boogi had attacked the Kāinga Ora worker but said it did not result in a prosecution.
She said the worker was at Kahu’s home to assist other parties in ensuring the property was fenced.
Judge Hikaka detailed Kahu’s history of non-compliance and said she had been given every opportunity to address concerns raised about the dog’s behaviour.
Boogi had been assessed as a high risk of danger if he were released back into the community.
The judge found the injury Boogi caused was serious and Kahu had not met the test for a discharge without conviction.
Upon convicting her, Judge Hikaka also found there were no exceptional circumstances involved in the attack and ordered Boogi to be put down.
Hurley indicated Kahu would appeal the outcome and asked that the dog not be destroyed in the meantime.
Kahu was also sentenced to 60 hours of community work.
Tara Shaskey joined NZME in 2022 and is currently an assistant editor and reporter for the Open Justice team. She has been a reporter since 2014 and previously worked at Stuff covering crime and justice, arts and entertainment, and Māori issues.