The son of Tauranga girl Helen Fraser, pictured right here at her July trial, says the $42,000 invoice is unbelievable, and the council ought to take into consideration the place else to spend such cash. Photograph / Ethan Griffiths
Tauranga Metropolis Council’s authorized invoice from its failed prosecution of a girl whose canine attacked a vet has topped $42,000, with the price of a Excessive Courtroom enchantment nonetheless but to be tallied.
However the council’s authorized and danger supervisor says circumstances like this are uncommon and warrant searching for the companies of personal regulation corporations.
Native girl Helen Fraser was charged with proudly owning a canine inflicting damage after her Rottweiler Chopper mauled the arm of vet surgeon Liza Schneider within the automobile park of her Fraser St apply on October 14 final 12 months.
Throughout a day-long trial earlier than Choose David Cameron within the Tauranga District Courtroom in June, each events accepted the assault occurred.
The query was one in every of accountability, with the council submitting Fraser ought to have had extra management over her canine, whereas Fraser’s lawyer prompt the actions of the vet spooked the animal.
Choose Cameron in the end sided with Fraser, saying Schneider “didn’t take any steps to take care of and train management, regardless of having each alternative to take action”.
Fraser was cleared of the fees and Chopper was launched from the Tauranga Dog Pound after spending 271 days locked up.
Had Fraser been convicted, Choose Cameron would have been required to order the animal be put down, except an distinctive circumstance could possibly be proved.
In court docket, the council acted because the prosecuting authority, represented by Nathan Spier of Rice Spier – an Auckland-based agency that specialises in native authorities litigation and dispute decision.
In a breakdown of the authorized invoice supplied to Open Justice, the biggest portion of the whole price was $25,390 – solely for the prices incurred by the trial.
After the not responsible verdict was acquired, an additional $5782 was invoiced for the prices of “recommendation in relation to [the] deserves of enchantment” and time spent speaking with Crown Regulation.
The council ultimately determined, on recommendation from Crown Regulation, that an enchantment was warranted.
“Council believes the decide made an error of regulation as a result of he centered on the conduct of the sufferer, quite than the obligation of the canine proprietor to manage the canine,” environmental regulation supervisor Nigel McGlone beforehand mentioned.
“Crown Regulation agrees that it’s within the curiosity of the general public to make clear this challenge of regulation, as the result could have implications for all canine house owners.”
An additional $6812 was invoiced for the preparation of the appliance for go away to enchantment.
Not one of the prices to date relate to the substantive enchantment listening to, more likely to take a day within the Excessive Courtroom at Hamilton in March.
Responding to the figures, Fraser’s son Ryan Tarawhiti-Brown mentioned the fee is a monumental waste of cash.
“Some accountability is required for the spending occurring within the Tauranga Council. Group teams, native charities and companies want funding and help, while $42,000 has been thrown at an try to kill a canine,” he mentioned.
“Ratepayers are begging for cash to be spent in a different way, however their voices aren’t being heard.”
However the council’s authorized, danger and procurement supervisor Sam Fellows says: “Prosecutions reminiscent of this are comparatively uncommon for Tauranga Metropolis Council and require specialist abilities. Council will have interaction exterior counsel on a case-by-case foundation.”
Fellows mentioned the council’s in-house authorized crew, made up of seven full-time equal workers, doesn’t at all times have the sources or related experience to steer a prosecution.
“With prosecutions, resourcing is a key issue to think about, as a defended trial can incapacitate an in-house useful resource for a big time frame.
“Additional issues will embrace workers availability, the realm of regulation involved, in-house lawyer experience, the complexity of a matter and whether or not it’s extra environment friendly to make use of an exterior useful resource.”
The council wouldn’t touch upon the case as an entire, because it stays earlier than the court docket.
