Rebel the Dog left home white and came home brown.
Rebel the Dog left home white and came home brown.
Out of the gate and off for a walk, went Rebel the white Maltese terrier. He turned up a few weeks later, with brown fur and a hair cut. Rachel Wise reports
Rebel the Maltese suits his name.
Last December 20, he wandered (again) from his Waipukurau home.
Rebel had done itabout four times before, always to the same address where he would end up in a scrap with another dog.
But he always ended up back home with owners Bernie and Stephen Fleming.
A few days before Christmas, Rebel trotted off for a walk with a decent coat of white fur. He didn't come home.
The Fleming family, about to go to the beach for Christmas, contacted animal control, put fliers in letterboxes and requests on social media for sightings of Rebel, to no avail.
After New Year, they came home, and someone let them know a small white dog fitting Rebel's description might be at Myriam Hertzke's address.
Rebel and Hertzke had met before. In fact, Hertzke had dropped Rebel off at the Flemings once, after he had wandered.
On another occasion she had asked if they wanted to sell Rebel. They declined the offer.
After hearing that Rebel might be at Hertzke's, the Flemings drove past the address.
They saw two white dogs and a brown dog and contacted CHB District Council Animal Control officer Karen Mooney who went to the address with the Fleming family.
When no-one answered the door, Mooney reached over the fence and ran her microchip scanner over the three dogs.
To her surprise, the scan revealed the brown dog was Rebel. He'd had a clip as well. The stunned Flemings took him home.
An animal seizure notice was left at Hertzke's home. She was charged with stealing, clipping and dying Rebel.
But after hearing her explanation, Judge Bridget Macintosh dismissed the allegation in the Hastings District Court on Thursday.
Judge Macintosh saying while there were "issues of credibility" in the case the prosecution had not proven beyond reasonable doubt that Hertzke intended to permanently deprive the owners of their dog.
Hertzke had told the court that she contacted the council several times wanting to complain about the wording of the seizure notice, to no avail.
She said had found a small dog on Racecourse Rd on December 28, while walking her own dogs.
Waipukurau: Famous for its iconic buildings. Could it now become famous as the town where the white dog turned brown?
Hertzke had not recognised him as Rebel. He was "shivering and wet, undernourished and covered in a sticky dark brown tar substance. He smelled of turpentine."
"At some stage I realised he was the missing dog. I put him in the bath but the stuff on him was not water soluble so I cut it off using clippers. The dog was stained brown."
Hertzke knew the Flemings were on holiday, and left messages on their neighbours' answer phone saying she had found Rebel.
She drove past their address "up to three times a day" in case they had returned home.
Hertzke told the judge didn't see any fliers or social media posts about Rebel, and was shocked when she was accused of stealing him.
Dismissing the case, Judge Macintosh said there was no dispute that Hertzke was in possession of the dog, but there had been no veterinary examination or forensic analysis or search for hair dye.
"There was no expert evidence. Ms Hertzke was aware the dog was not hers - that is not disputed. She could have taken more steps to get the phone number of the owners but she made no attempt to conceal it."
After the judge alone trial, Myriam Hertzke she was relieved it was all over.
"I will think twice about being a good Samaritan now. I have always looked after dogs. I love dogs. In many ways they are better than humans."
