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More evidence from Mr Mitchell "On the height issue, his recording of Ace's height as being 55 to 60 cm was an initial estimate based on visual inspection, not on measuring Ace" mmmmmm.... what did he say in his statement of reasons? Oh, yes "I conducted a close inspection of the dog including measurements"

Evidence from Mr Mitchell As stated in decision " Mr Mitchell has 30 years experience in animal management" Really?????????? I wonder if the potential consequences of perjury have been made clear to Councils? I say potential because it appears Councils can just about do anything they like and get away with it.

This is the Standard for restricted breed dogs in Victoria: http://www.dpi.vic.gov.au/pets/about-pets/legislation-and-regulation/standard-for-restricted-breed-dogs Does it say, as in Mr Mitchell's checklist (relevant part inserted below) "Nose to stop equals stop to back of head" Oh no, it says "Muzzle: Slightly shorter in length to the skull (i.e. 2:3 ratio for muzzle:skull)"

Page 2 of his checklist

Here is his checklist (page 1) According to the VCAT decision which you will see later (be patient), Mr Mitchell made "careful enquiries about the classification process under the Standard" which must be why he used an old checklist from years ago that has only a slight resemblance to the new standard.

Council S46 Statement of reasons for the decision, submitted as evidence is attached. Note in particular, 2. Red nose 3. Almond coloured eyes neither of which are in the Standard Also note, for later consideration: "I conducted a close inspection of the dog including measurements" and "My inspection with measurements is contained in document Part B 3"

First full hearing decision Victorian Civil and Administrative Tribunal (VCAT) Review of restricted breed dog declaration Respondent:Banyule City Council Before: VCAT Senior Member I. Proctor Date of hearing: 6 March 2012 Date of order: 30 March 2012 Stayed for 28 days - as if the owner has the funds to go to the Supreme Court!! Dog: ACE (poor bloody Ace) soon to be no more! Said to be a lovely dog by both the Council and the RSPCA at the hearing but what the heck we will do our best to get him killed anyway! Contributor: RSPCA Victoria via RSPCA Victoria Chief Vet Dr Chris Thurgood FACT: The RSPCA has the contract for pound services for Banyule Council which WAS NOT declared at VCAT yet Dr Chris Thurgood was able to make a statement to the effect that ACE was a restricted breed. This is the same Council whose Local Laws Officers killed a dog by strangling it and the RSPCA inspectorate did nothing. Should I be cynical that the pound contract was later given to the RSPCA? It seems Thurgood was considered an expert by the VCAT member who continues to reference him in other hearings (in his absence) as if he is a demi-god. VCAT has a practice note on Expert evidence (Practice Note - PNVCAT2) Amongst its 8 pages it states that in the expert opinion report, amongst other requirements, the following must be included: 11 (d) reference to any private or business relationship between the expert witness and the party for whom the report is prepared. Thurgood's statement is included for reference: To be continued.....

Observed Mind blowing information presented by the Council legal team and Council representatives. Duration 4 1/2 to 5 hours not including breaks. Patently false to many of us but sadly not to the poor 20 year old kids representing themselves and trying to save the lives of their two dogs. Also, I would guess not to the VCAT members hearing the case who I don't think are required to have any particular knowledge on the subject. The Government would be proud of the Council flexing their muscles, abusing their power and spending their ratepayers money, as their legal eagle inferred in the interests of public safety. Also the ACO Robert Ianson (an ex policeman of 30 years service) stated under oath that he had attended a Victorian Dog Breeders (aka VCA / Dogs Victoria) course on restricted breed dog identification therefore alluding that he was qualified to id. I believe (correct me if I am wrong) that this was when Dogs Victoria showed breeds that may be mistaken as restricted breed dogs. There were no restricted breed dogs (known or otherwise) present. It is a disgrace.

They are not funded by their members to assist in identifying restricted breed dogs either but that hasn't stopped them! Guess that also helps when it comes to political lobbying.

Cosmolo, at this point in time a backyard can be the enclosure for a restricted breed dog. See page 3 of attached Factsheet Factsheet-Things you should know about restricted breed dogs September 2011.pdf

Zara, suggest you provide supporting factual evidence for all of your statements, otherwise it is all hearsay and sounds very much like media acquired expertise

So Zara, what was your source of that amazing statement.... the media?

I really don't know how key players like Graeme Smith can sleep at night! The only explanation can be that he must enjoy killing

The advertisements I heard mentioned pit bulls and pit bull crosses and had background sounds of a growling dog. Really juvenile behaviour by the Victorian Government!

Unfortunately can't see it without logging in

Thanks melzawelza. Anyone have any info available on Victorian based rally events?

Is it possible to have dates and other information posted other than on facebook? Some people do not use it.

Really well said but....... Just one concern "If these laws are expanded to include ANKC registered breeds then we need to come together as a group, pool our finances/resources and hire a good lawyer to fight the case in court. Extreme legislation needs to be met with landmark court rulings to halt the gradual erosion of rights." ANKC registered breeds? If more had been done earlier by MORE people we wouldn't be in the position we are finding ourselves today. How about doing something now for all the other dogs currently affected.

It sounds a little far fetched but it wouldn't surprise me either. They certainly have an agenda

I have just heard that Lost Dogs Home may be the source.