huck house Posted November 20, 2014 Share Posted November 20, 2014 http://m.heraldsun.com.au/leader/east/monash-council-battle-over-breed-of-dog-kerser-back-in-vcat/story-fngnvlxu-1227126995846?nk=8ce4fbf81423d9800d1cd403e819b90d The VCAT president hearing the trial is the same judge for Mylo . Link to comment Share on other sites More sharing options...
melzawelza Posted November 20, 2014 Share Posted November 20, 2014 http://m.heraldsun.com.au/leader/east/monash-council-battle-over-breed-of-dog-kerser-back-in-vcat/story-fngnvlxu-1227126995846?nk=8ce4fbf81423d9800d1cd403e819b90d The VCAT president hearing the trial is the same judge for Mylo . Lets hope justice prevails. Link to comment Share on other sites More sharing options...
Staffyluv Posted November 21, 2014 Share Posted November 21, 2014 I agree Mel - Jade and Kerser's story just breaks my heart. Link to comment Share on other sites More sharing options...
melzawelza Posted November 21, 2014 Share Posted November 21, 2014 Mine too. I hope the Councils lose for these dogs individually but also for all other dogs who may be potentially targeted. The more councils that lose BIG bucks on these cases the less likely councils are to continue to attempt to enforce these poorly written and researched laws. We've already seen Monash publicly having a go at the Gov for the laws being terrible after they lost over 100k. More of that happening and we're starting to move towards some sort of solution. Link to comment Share on other sites More sharing options...
Staffyluv Posted November 26, 2014 Share Posted November 26, 2014 Yes, that would be great, if they lost big money on the matters. Horrid, stupid laws! We have been pretty lucky here in our town - we always had great rangers as far as BSL was concerned. Sadly we have a new one, with a major chip on his shoulder about PBs. Link to comment Share on other sites More sharing options...
Staffyluv Posted November 29, 2014 Share Posted November 29, 2014 My link Kerser's hearing concluded yesterday.. The above link is a facebook link to the BAWP page. If you don't use FB, here is all it says: KERSER HEARING CONCLUDES The hearing of Kerser’s case concluded this morning before VCAT President, Garde J. Judgement is reserved. As in Mylo’s case, it is expected it will be some weeks before judgement is delivered. The Panel extends its grateful thanks to Panel counsel Richard Kendall QC and Andrew Felkel, instructed by Daniel Beecher of Phoenix Legal Solutions, for all their endeavour on behalf of Jade Applebee and Kerser. Everything crossed for a positive outcome for both Kerser and Mylo - wouldn't it be lovely to see them go home for Christmas. Link to comment Share on other sites More sharing options...
huck house Posted November 29, 2014 Author Share Posted November 29, 2014 If labor were to win and a moratorium is placed on euthanasing dogs , how might that effect these cases ? Link to comment Share on other sites More sharing options...
Staffyluv Posted November 29, 2014 Share Posted November 29, 2014 Not a lawyer so don't really know but I would hope that it would be enough to keep these dogs alive and send them home. Link to comment Share on other sites More sharing options...
Staffyluv Posted December 9, 2014 Share Posted December 9, 2014 Judgement for Mylo will be handed down tomorrow at 9.30am Oh doG I hope they send him home. Facebook link My link Link to comment Share on other sites More sharing options...
melzawelza Posted December 9, 2014 Share Posted December 9, 2014 Butterflies. After hearing this Council speak on this matter I really want them to lose with all of my being. Link to comment Share on other sites More sharing options...
Staffyluv Posted December 10, 2014 Share Posted December 10, 2014 And he is going home!!!! What awesome news for Mylo and his family today - Merry Christmas.. Must be Jade and Kerser's turn to be reunited next - here is hoping for the same outcome as Mylo. Link to comment Share on other sites More sharing options...
huck house Posted December 10, 2014 Author Share Posted December 10, 2014 What a relief ! I can't imagine the emotional fallout if the decision had gone the other way. Hopefully the judge, who is also presiding over Kerser's case, not only found that Mylo doesn't meet the criteria but sees that the legislation is the height of folly. Link to comment Share on other sites More sharing options...
Staffyluv Posted December 10, 2014 Share Posted December 10, 2014 And the council and LDH are being a$$holes.. My link A Melbourne pup who has spent more than two years on death row is going home after it was determined he was not a prohibited American pit bull terrier. Mylo's life may have been saved by a crucial decison by the former state government, which changed the standard test for restricted breeds. The new standard, which was gazetted in January 2014, applied a slightly different physical characteristic tests and had a different approach to applying them. In his judgment sparing Mylo's life, Victorian Civil and Administrative Tribunal president Justice Greg Garde said that when the declaration that Mylo was a pit bull was first made the old standard applied, but assessed under the new standard, he failed multiple physical characteristics requirements. Mylo's ordeal began in May 2012 when he was seized by a Brimbank City Council officer and taken to the Lost Dogs home under suspecision of being a restricted breed. He's not sniffed freedom since. But Mylo's Sunshine-based owner, Jessica Gray, has fought through the courts to keep the dog alive, even paying to have DNA tests done in the US that she said proved he was an American Staffordshire terrier cross, not a pit bull. Mylo belonged to Ms Gray's 13-year-old daughter Brodie. The dog had slept at the end of Brodie's bed every night until his incarceration. In February, Ms Gray said that her daughter could no longer visit Mylo because it was too heartbreaking seeing her dog locked up and his expectation that he would be leaving with her. The family also launched a Facebook page, 'Stop them from killing Mylo', which amassed nearly 10,000 supporters. An elated post appeared on the page after the decision which was published on Wednesday. "He's coming home!," the post stated, noting that he needed to be desexed first but that "hopefully he will go home Friday". The matter had bounced on appeal between the Supreme Court and the VCAT three times - with repeated orders made to have Mylo destroyed - until Wednesday's decision. Justice Garde found Mylo's skull and muzzle were not on "parallel plain" as required by the new standard's physical characteristics criteria. It could also not be established that Mylo had a skull that was large, flat, broad, slightly tapering towards the stop, among more that 10 out of a possible 18 physical criteria that Justice Garde said Mylo did not meet. "The dog is not a restricted breed dog as defined by Part 1 of the New Standard," Justice Garde concluded. Mylo supporters took to social media to express their joy at the decision. "Oh what a wonderful Christmas present!" one woman posted. Ms Gray said her daughter was "over the moon, very happy". "It's been a long, long road," Ms Gray said.. "We've been through two and half years of going in and out of court and losing and then winning and then going back to VCAT and this is just perfect. "Its the best Christmas present we could have asked for." But Ms Gray does not know when Mylo will be able to go home, because when she called the Lost Dogs Home to book him in to be desexed she was told the council had not yet notified them about VCAT's decision. "We were going to get him desexed tomorrow and register him on the Friday and bring him home," she said. "Now we've got to wait for the council yet again." Link to comment Share on other sites More sharing options...
melzawelza Posted December 10, 2014 Share Posted December 10, 2014 I'm so ecstatic for the outcome. Not only for the dog and the owners but for the implications on BSL as a whole. Not surprised they're still being difficult after hearing the case officer speak. Link to comment Share on other sites More sharing options...
Staffyluv Posted December 11, 2014 Share Posted December 11, 2014 (edited) Sonny was also given the all clear to go home today as well. Facebook link My link I agree Mel - I hope this means that common sense is finally prevailing. Edited to add, do you have a link to what they said (would it be in the transcript?) How anyone can hate an animal (because of the way it looks) enough to want to kill it, take it from its family and kill it - is just beyond me.. What sort of person, wants to do something like that?? Edited December 11, 2014 by Staffyluv Link to comment Share on other sites More sharing options...
melzawelza Posted December 11, 2014 Share Posted December 11, 2014 Sonny was also a big win - so positive. I would be surprised if declarations don't slow up or halt completely after these two. I heard him speak at the AIAM conference, I tried to get a copy but I was told it was not recorded. I since found out that the man I heard speak was the council prosecutor, not an AMO, and more than one person has said that the rangers at Brimbank are very anti BSL. He didn't do them any favours, that's for sure. Link to comment Share on other sites More sharing options...
Staffyluv Posted December 11, 2014 Share Posted December 11, 2014 We have a new ranger here in Queanbeyan that seems to be very pro BSL.. Lucky for us, the others here all have common sense :) I really hope this good news carries over for Kerser and he goes home as well. Link to comment Share on other sites More sharing options...
Little Gifts Posted December 12, 2014 Share Posted December 12, 2014 What sickens me the most is the damage extensive incarceration might have done to these innocent dogs. I hate to think of my dogs even being kennelled while I go on holidays so can't even imagine the torture they might experience if seized and contained for so long. It's not like you can explain to them what's happening. If I was those owners I'd be out for blood once those dogs came home (well after I moved to another state with them anyway!). Link to comment Share on other sites More sharing options...
Staffyluv Posted December 13, 2014 Share Posted December 13, 2014 Here is the link from DOT Vic for the decision on Mylo. My link Link to comment Share on other sites More sharing options...
melzawelza Posted December 16, 2014 Share Posted December 16, 2014 Kerser outcome being announced today at 11.30am. Let's hope he's the third... Link to comment Share on other sites More sharing options...
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