Natasha Kahu convicted after dog Boogi attacked man fixing car at her New Plymouth home

NZ Herald

3 days ago

But Boogi rushed at him and while the man was able to initially fend him off, the dog then took a few steps back and lunged at him, biting his left leg.
The man fought Boogi off, at which point Kahu's partner came outside, dragged the dog away and secured him inside.
The man went back to his car and used a towel to wrap around his leg, which was bleeding heavily.
He drove himself to the hospital where he underwent surgery to repair his left tibialis anterior tendon.
The man spent three days in hospital following the surgery and had to be readmitted the following month due to 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. Photo / Tara Shaskey
Following 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 judge said, reading the man's statement.
The man said he was immobile for three months and in a lot of pain.
He had to have follow-up surgery, the injury got infected twice and he was warned 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 issues, which were ongoing.
In her affidavit, Kahu claimed that the dog had never been aggressive before and children often visited the property and were safe around Boogi.
She believed there were exceptional circumstances in the attack, including that Boogi had been on a chain and she thought he was secure.
However, she had not realised the chain had become 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 that 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 there were exceptional circumstances 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 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.
He said the injury caused by Boogi was serious.
'This isn't just a bite that had a little bit of antiseptic applied to it and away we go.
'There were reasonably involved medical requirements for the injury as well as the ongoing psychological impact.'
Bourke submitted the consequences of a conviction were not out of proportion to the gravity of the offending, and a conviction was warranted.
He also argued that there were no exceptional circumstances involved and a destruction order should follow.
'This is a dog that has bitten people at the address before and has gotten loose off his chain before.'
The man had to undergo surgery and spent three days in hospital as a result of the attack.
Bourke told the court that Boogi had previously bitten a Kāinga Ora property manager who had visited the property, 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 never resulted in a prosecution.
She said the worker was at Kahu's to assist other parties in ensuring the property was fenced.
Judge Gregory Hikaka said Boogi had previously been impounded several times.
Detailing Kahu's history of non-compliance, he said she had been given every opportunity to address concerns raised about the dog's behaviour.
He 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 that Boogi be put down.
Hurley indicated that 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.