Second dog cited in attack

A second dog may have been to blame for the horrific attack on Carolina Anderson, say the men who owned the dog accused of the savaging.

Evidence of a second dog emerged during an application for a new hearing of charges against Thomas Henry Owen, 55, and Brian Clarke Hill, 44.

The pair pleaded guilty to a charge under the Dog Control Act when they first appeared in the Auckland District Court on February 7. Their dog Joey was destroyed.

In court yesterday their lawyers sought to have the guilty pleas set aside for a rehearing. The men want a defended hearing.

Judge James O'Donovan, who sentenced the men in March to two months in jail, adjourned the hearing of the application yesterday. It is expected to be completed today.

The court heard of a dark-coloured dog at Coxs Bay Reserve in Westmere on the night of January 31 when the attack took place. It was also told of a child's stick-figure drawing of the attack which showed a second dog standing next to one latched on to Carolina's face.

But Judge O'Donovan warned that the artist's identity was not known and the child might not even have been at the scene.

The hearing, in which Lorraine Smith appeared for Hill and Peter Boylan appeared for Owen, focused on times on the night.

The attack was said to have happened at about 10pm. Shortly after 9.58pm Owen was picked up by Hill from a nearby supermarket and driven to the park with their two dogs, Joey and Susie. The journey was said to take about 14 minutes.

At 10.25pm Carolina arrived at Auckland Hospital for assessment.

Hill told the court he heard "quite piercing" screaming on arrival at the park, which Lorraine Smith said indicated the attack could have been already under way.

In cross-examination, Ross Burns, for the police, said Hill was clutching at straws to evade responsibility for the attack which he so courageously took when he first pleaded guilty.

Hill denied he was trying to wriggle out of responsibility.

Mr Burns: "Am I right in concluding you can see strong evidence that your dog carried out the attack but in your heart you do not believe it?"

Hill: " ... I believe my dog would never bite anybody."

Earlier Owen said he was not the owner of Joey. He said he occasionally helped feed Joey and Susie which slept in the same room as he did. Susie slept in a cage.

The hearing also focused on the role of the men's lawyer, Paul Wicks, at the time of their first appearance and sentencing.

The court heard that if the men had seen a police file on the case they might not have pleaded guilty.