$11,000 fine for fatal dog attack
Ayen Chol's mother leaves Sunshine Magistrates Court after an earlier hearing.
The mother of dog attack victim Ayen Chol says she sees the terrifying image of her four-year-old daughter being mauled to death "all the time", a court heard today.
"I have not been the same since. I cry a lot," Jacklin Ancaito said in a victim impact statement tendered to the Sunshine Magistrates Court.
"It is like I am in a daze.'' Ms Ancaito said she regularly woke up in the middle of the night in a sweat from nightmares about the attack.
Ayen had been a happy, beautiful, intelligent girl who loved painting, dancing and singing.
Four-year-old Ayen Chol, who was tragically mauled to death by a pit bull-mastiff cross.
The girl's father, Mawien Chol Monjang, said in his victim impact statement that he was in southern Sudan when he was told his daughter had been killed.
He had never heard of anyone being mauled to death by a dog.
He told how his oldest son believed all the family should have been buried with Ayen to be with her.
Lazor Josevski, 57, the owner of the pit bull mastiff that attacked Ayen, pleaded guilty to four charges over the fatal dog attack on August 17 last year.
Josevski admitted one count of owning a dog that attacked and killed a person, two counts of owning a dog that attacked and caused serious injury and owning an unregistered dog.
Magistrate Martin Grinberg fined Josevski a total of $11,000.
Mr Grinberg said he had no doubt Josevski was remorseful.
"This is a tragedy beyond imagination," he said.
The lawyer for Ayen's family, Ike Nwokolo, said they accepted Josevski's apology but more could have been done to stop the attack.
"They're very disappointed the dog wasn't registered," Mr Nwokolo said.
"They believe the reason it wasn't registered was because the owner appreciated it was a dangerous dog...
"It is a lesson to everybody to make sure that adequate precautions are taken and that dogs are just not left to wander around or left unsecured where they can cause injury," Mr Nwokolo said, adding the family understood the magistrate could only fine Josevski.
"They are saddened it took Ayen's death to see changes with the law.
"They want Ayen's death to mean something.
"They want it to be a warning to all dog owners ... to make sure they take all precautions necessary to ensure their dogs are not a danger to the community."
Defence lawyer Rob Stary said having to take responsibility for the dog attack had traumatised Josevski and he felt regret and sadness for the family's loss.
Mr Stary said the actual owner of the dog had been Josevski's son, Nick, who had been overseas at the time of the attack.
He said Josevski accepted it was his fault the dog had killed Ayen because it was under his control.
The dog had been in the backyard when Josevski arrived at his St Albans home and parked in the garage.
He claims he thought he had closed the roller door behind him but somehow it did not shut properly and the dog escaped out on to the street.
Seconds later, the dog was running into a neighbour's house and attacking children before Ayen was mauled to death.
Prosecutor Senior Constable Danielle Todisco said the dog ran into the house where the Chols had been staying and attacked Angelina Mayout and her daughter, Nyadeng Goaer.
The dog then grabbed Ayen who had been clinging to his mother's leg in the kitchen.
The dog grabbed Ayen by the face and dragged her away from her mother, violently shaking her.
Ayen suffered serious injuries to her face, head and neck and later died.
The Domestic Animals Act was amended in the wake of Ayen's death.
Under the changes, owners of dangerous dogs that cause death face 10 years' jail.
Ayen's family had arrived in Australia as refugees from Sudan in 2004 and were living at their cousins' house after their own home had burned down weeks earlier.
Josevski has written a letter of apology to Ayen's parents and offered to pay compensation.
Mr Stary said Josevski wanted to minimise the trauma suffered by the girl's family.
Josevski faced a maximum $19,700 fine because he was charged before the new laws took effect.
The dog has been destroyed.
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30-Jul-2012 02:52 PMO you who believe! Stand out firmly for All‚h as just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear All‚h. Verily, All‚h is Well-Acquainted with what you do. (Al-Mā'idah: 8)
30-Jul-2012 05:44 PM
"Dangerous dogs" are not breed specific, that's a load of hee haw.
Irresponsible owners who have no clue how to handle their animals or lay down the law to them are the dangerous ones.
What a tragedy.
30-Jul-2012 06:27 PM
- Join Date
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I totally agree, but in saying that sammer you do have a lot of people buying & selling the same dangerous breeds for fighting reasons in which they make huge profits.
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30-Jul-2012 06:33 PM
I'm pleased the owner, or the individual who was responsible for the dog at the time, accepted full responsibility for the incident, which would have otherwise burdened the grieving mother with additional stress. The fact that he has offered to pay compensation - although no monetary figure can compensate for a lost child - is an indication of genuine remorsefulness.O you who believe! Stand out firmly for All‚h as just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear All‚h. Verily, All‚h is Well-Acquainted with what you do. (Al-Mā'idah: 8)
31-Jul-2012 04:40 AM
Bro any dog that is fearful, nervous, uncertain or feels dominant over it's owner (pack) will attack if it feels challenged. One that knows it's place within it's pack and not left to dominate won't.
The problem starts when moronic owners buy powerful breeds like Rottweilers, German Shepard's, Pit Bulls, etc. as an extension of their ego and have no idea how to impart proper discipline on the animal.
It all stems by humanising it:
"Awww its sooo cute, he's so adorable, etc." and they treat the animal accordingly.
Unfortunately dogs don't understand cute and adorable.
They understand either I am boss or they are boss.
01-Aug-2012 08:28 PM
at taif.. dont be racist , u generalizing. every breed is prone to attack.
punish the deed not the breed.
01-Aug-2012 09:31 PMO you who believe! Stand out firmly for All‚h as just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear All‚h. Verily, All‚h is Well-Acquainted with what you do. (Al-Mā'idah: 8)
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01-Aug-2012 11:16 PM
In December 2010, the American Temperament Test Society showed the American pit bull terrier scored an overall temperament rating of 83.9%, compared to the 77% score of the general dog population.
01-Aug-2012 11:47 PM
Firstly, animals cannot be classified in terms of 'race'.
Secondly, my comment was general and I did not single out the American pit bull terrier.
To continue; if you read my post carefully you will see I utilised the term "more" purposely to denote that all dogs are capable of being aggressive, but some more so than others. I take the time to ensure my posts are clear and concise, so I expect you to take the time to read and understand it properly, and seek clarification if need be.
I stand by what I have said in that I believe some breeds to be inherently more prone to attack or be aggressive, by their very nature.
That's precisely why people don't train Maltese terriers or Poodles for the purpose of protection.
02-Aug-2012 12:25 AM
They may look friendly and loveable, but the little Maltese terrier has joined the NSW government's list of ill-tempered dogs.
The Maltese terrier was involved in 12 attacks on people across NSW in the July-September period, according to the latest Dog Attack Register.
It is the first time the dog has featured in the "top 20 attacking list" on the register launched in January.
"This is obviously a surprising outcome, but nonetheless a reminder that any dog has the potential to attack, regardless of breed," Minister for Local Government Barbara Perry said today.
Another unexpected inclusion was the state's most popular dog, the Labrador retriever, which was reportedly involved in 20 attacks from July to September.
The Dog Attack Register indicates the Staffordshire bull terrier was the prime offender in the latest quarter.
It was involved in 116 attacks, followed by the Australian cattle dog, implicated in 56 attacks, and the German shepherd with 55.
Overall, the register shows 823 dog attacks reported by councils in the July-September period, an increase from 774 in the previous quarter.
Infringement notices were issued to 251 dog owners, with 124 dogs destroyed after an attack.
Read more: http://www.smh.com.au/national/malte...#ixzz22Ihc2cCm
02-Aug-2012 12:34 AMthe little Maltese terrier has joined the NSW government's list of ill-tempered dogs.
I rest my case.
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02-Aug-2012 12:56 AM
Some breeds have been bred to be more agressive.
All dogs should be restrained in urban areas as they are predators and dangerous to have near children.
In Islamic law the family would be entitled to compensation from the dog owner. There might even be a case for the owner to face death penalty.Singapore: oppresses Muslims, bans athaan, bans hijab in schools, prevents building of madrassahs or muslim schools, puts limit on the percentage of Muslims allowed in each apartment building, and bans Muslims from joining Singapore's elite military forces. Singapore; Israel's best buddy!
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02-Aug-2012 01:16 AM
finally aggression comes in many ways, just like how people can be aggressive toward other for many reasons even to ones they love so do dogs... an aggression toward say rats or rabbits is not the same as aggression towards dogs and that is not the same as aggressions towards human. and theres no denying that. you must clarify what aggression.
02-Aug-2012 01:28 AM
02-Aug-2012 01:51 AM
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