Koha the Staffordshire Bull Terrier, much like the canine pictured, was dealing with potential destruction. Picture / Inventory Picture
Koha the Staffy has a penchant for killing cats, along with his newest sufferer being 18-year-old Smokey, a “gradual and deaf” feline that was basking within the solar when she immediately turned the wandering canine’s prey.
However the demise of Smokey additionally left Koha’s life hanging within the steadiness.
The Staffordshire Bull Terrier was impounded following the assault final December, leaving him dealing with potential execution as his proprietor, Kyle Rakai Te Hau Ratapu, awaited the end result of the associated District Court docket case.
Right this moment, Ratapu, 48, was in New Plymouth District Court docket after having admitted a cost of proudly owning a canine that attacked a home animal.
Choose Tony Greig was left to find out whether or not Koha needs to be destroyed or if there have been distinctive circumstances within the case, that means such an order needs to be prevented.
Referring to the abstract of information, the decide mentioned the canine was categorised as menacing in March final yr following an incident the place he roamed off a property and killed a cat.
Then 9 months later, he repeated the act.
On December 7, Koha left his New Plymouth house and wandered to the complainant’s property, the place his two pet canines have been within the yard and his cat Smokey was outdoors resting within the solar.
The complainant heard his canines barking and seemed outdoors.
He discovered Koha in his entrance yard and Smokey’s physique close by, coated with blood and canine saliva.
The complainant took Koha and tied him up after which known as the New Plymouth District Council (NPDC) Animal Management.
After the officers seized and impounded Koha, Ratapu was given discover stating why.
In response, he informed the NPDC he had gone to examine the mailbox with Koha and when he returned inside, he assumed the canine was with him however accepted he will need to have locked him outdoors.
Ratapu was apologetic, provided to pay reparation and informed the council that if Koha have been returned to him, he would maintain him muzzled.
In courtroom, defence lawyer Sam Hunt argued towards the destruction order being made, submitting the circumstances met the “excessive threshold” for it to be prevented.
She mentioned the primary time Koha killed a cat, he was not at Ratapu’s house or in his care.
On the second event, when Smokey was killed, Koha briefly went out the door along with his proprietor.
However Ratapu was unwell and in ache on the time and inadvertently locked him outdoors.
“Koha has then clearly not been restrained and been capable of roam off the property,” Hunt mentioned.
Koha was often contained within the property, which is absolutely fenced and has a kennel.
Ratapu was deeply remorseful for the demise of Smokey and understood his canine needed to be muzzled and leashed whereas out in public.
“This was that 10m stroll from the entrance door to the letterbox the place he’d often stroll in a hīkoi or a heel subsequent to him the place he’s then returned, sadly leaving Koha outdoors,” Hunt mentioned.
Koha was a well-trained household canine and never a danger to folks or different canines, she submitted.
However Crown prosecutor Jacob Bourke, showing on behalf of NPDC, submitted the case didn’t meet the distinctive circumstances check, which he defined was outlined as an “uncommon or one-off prevalence that’s impossible to be repeated”.
He mentioned Koha now had a monitor file of roaming from properties and killing pet cats and the danger of it taking place once more was not distant.
After contemplating the submissions, Choose Greig accepted Ratapu leaving Koha outdoors was an inadvertent error and that the ache he felt that day had taken his “thoughts off the job”.
Ratapu offered a medical notice confirming he was unwell on the time.
“It could be uncommon to deliberately lock your canine outdoors, any canine notably one the place there was an issue up to now,” Choose Greig mentioned.
He famous Smokey’s house owners had been “goal and compassionate” and had not requested for Koha to be destroyed.
“Smokey was 18 years previous and getting fairly gradual and deaf. She would have been asleep and wouldn’t have heard the canine coming earlier than it grabbed her,” the decide mentioned, referring to the house owners’ sufferer impression assertion.
In ruling the case met the distinctive circumstances check, Choose Greig agreed Ratapu’s momentary lack of consideration was a one-off failure to manage his canine.
The decide famous Koha didn’t show any aggression in the direction of Smokey’s proprietor or the canines on his property when he was taken and tied up and was as a substitute wagging his tail.
“He isn’t an aggressive canine. He might be a hazard if comes throughout one other cat that’s asleep however I don’t assume that’s going to occur,” Choose Greig mentioned.
He spared Koha’s life however fined Ratapu $400 and ordered him to pay $250 reparation to Smokey’s house owners.
“Thanks, Sir,” a relieved-looking Ratapu mentioned earlier than leaving courtroom.
Tara Shaskey joined NZME in 2022 as a information director and Open Justice reporter. She has been a reporter since 2014 and beforehand labored at Stuff protecting crime and justice, arts and leisure, and Māori points.
