It is only the second time a Queensland council has successfully prosecuted a pet owner on the higher charge of grievous bodily harm, following a similar case in Caloundra less than a month ago.
The Nambour Magistrates Court today heard jogger Timo Fuchs, 33, thought his life was over as he battled to protect his vital arteries from Boxer Mastiff Bruno and Bull Arab Charlie.
Mr Fuchs had been running along Rainforest Rd, in rural residential Chevallum, when the barking males charged out of an unsecured property rented by Mr Ryder.
One of them bit Mr Fuch’s leg. Unable to turn back because the dogs were blocking his exit, Mr Fuchs frantically scrambled to a tree which he hoped to climb to save his life.
But as he stumbled for 67m through long grass and thick scrub, Mr Fuchs fell down an embankment, breaking his leg.
As he lay on the ground, both animals continued to strike at his head and throat while he kicked and screamed for help.
His cries were heard by a neighbour who fended off Charlie with a stick. However Bruno remained and made another attempt at Mr Fuchs.
The court heard Mr Ryder, a 31-year-old pool builder, chained the two dogs at night but that they roamed freely during the day on the property which had no gate and was not fully fenced.
He had raised Charlie from a pup but inherited Bruno from a friend who had asked him to babysit the animal when he went on holiday.
Lawyer Rowena Ferrall said Mr Ryder was sincerely apologetic and had agreed immediately for his pets to be destroyed.
He even refused an opportunity to say his last goodbye to the animals, stating he could not bear to look at them after what they had done.
Ms Ferrall said the animals had no history of violence and if Mr Ryder had known he would not have kept them as his partner was about to give birth to their first baby at that time.
Ms Ferrall argued against a fine of $15,000 to $20,000 being sought by the council, saying her client’s case was not as severe as that of retiree Janet Walker who was fined $15,000 in Caloundra Magistrates Court last month.
In that case, Mrs Walker’s dog was a declared dangerous animals which should have been muzzled at the time it bit an elderly man on the leg.
Magistrate Cliff Taylor ordered Mr Ryder pay more than $16,000 in total after also fining him for not securing and registering his dogs.
In an interview with The Courier-Mail Mr Fuchs said seven months after the attack he still could not run and was only just returning to work.
He described the terrifying experience in which he had thought to himself: “This isn’t going to end well”.
Today he said he welcomed the court result, saying he hoped it would send a message to dog owners to act responsibly.
Mr Fuchs said the terrifying experience had made him more respectful of canines and he was certainly more cautious when in public.
“For me the court result doesn’t have any bearing on my life because it didn’t stop the incident but I just hope from today onwards that more people pay attention and look after their dogs and that having a large dog, or even a small dog, that it could potentially bite someone.”
“Your body goes into fight or flight autopilot mode and you try to save your life,” he said.
“I thought I was going to die. I kept trying to get back up. It was very frightening and surreal.”
He said he suffered a broken knee and broke his leg in two places as he was trying to escape, received numerous bites and scratches and needed a skin graft.
“My neighbour saved my life. If it wasn’t for him I’d be in a wheelchair or dead.”
Sunshine Coast councillor Jenny McKay said it was a “great day” for the council which was on a mission to prosecute irresponsible dog owners and protect the community.
“We are prosecuting to the highest level possible and it’s good to see the courts are taking this seriously to ensure we can keep our community safe.”
(Courier Mail - Dec 4, 2014)
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