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Dog Killed With Capsicum Spray- Melbourne


LouBon
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This is an aweful situation to have a dog die in custody of the pound, but I think the owners efforts would be better spent learning how to keep their next dog in and prevent it from escaping, regardless what happened they can't bring that dog back, what's done is done.

I don't how the rangers could escape interview from an RSPCA inspector, I would have though the RSPCA had more power to demand an interview?

I was wondering about that too - can anyone just refuse to speak to the RSPCA even if complaints have been made against them??

Of course they can. the RSPCA has no legal right to force someone to speak to them, no matter what.

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I do understand Govt red tape, but if the dog really was acting as they say, then why not allow the information (autopsy, cctv footage, reports from rangers etc) to be released. By making things more difficult they are only making it appear they are at fault. They may not be, or they may be - at the moment there is no real way to know but the longer it goes on, the more it looks like a cover up IMO. Hopefully the owners get some answers soon. They must be devistated.

I don't believe it is a case of "not allowing" the information to be released but there is a proper process for requesting the information - which is why there is the "Right to Information" legislation. Demanding and threatening lawsuits doesn't bypass the process. It is a rather straight forward application to request the information - and unless there is legal reason for the information to be surpressed - then normally the information is provided.

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My sister used to work in weapons with the QLD Police Service. She said that strict records were kept regarding the discharging of pepper spray. Making formal enquiries with Vic Police about the incident might also be useful for the owner as an incident report would have to have been recorded for the call out and use of the spray.

The first (and normal) step for anyone is always asking for a verbal explanation on what happened. If that isn't forthcoming then write to the head of the organisation and formally request an explanation. If that doesn't work submitting a Right to Information request is the way to go when true bureacracy strikes. There is legislaton around RTI and there is no way info should take this long to be released if it is going to be. Even if it isn't then they should still have a letter saying it is refused and why (it could be because they moved quickly to legal action). Having worked for local and state govt my experience is that everything that can be shared with clients about their personal business and the decision making processes behind decisions that are made is shared with the clients verbally and in writing. Unfortunately sometimes the information retained on files is sketchy, staff have left or someone simply can't remember. Even worse is when due process wasn't followed (and a situation simply can't be reversed) or the process is so bureacratic that the client can't understand what is explained to them. From my experience this is often why people take legal or tribunal action. Unfortunately if the information isn't there it simply isn't there and nothing can bring a dog back from the dead.

It will be interesting to see what else comes out of this case, but as it is reported now the council has been unusually tight lipped which is never a good sign if you ask me. All it does is increase frustration and let imaginations (like mine!) run wild.

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ahhh I have had a lot to do with VicPol in the past few years. If they survive the incident they get the promotion. Trust me there's more holes then swiss cheese in our force.

I do not think your pound officials are 'over reacting' -

your pound officials (sic) have no idea how to handle dogs.

Capsicum spray?

I used to think jokes about Australia being on the arse end upside down side of the Earth were unfounded and unjust ...

Lilli is right. It's a big fat joke. I have a Dogue and the amount of people who walk up and go 'wow thats a pitbull' :rolleyes: except for the fact he's 3 times the max size of one ... dogues snort, grumble, growl and make horrific noises as part of their normal vocabulary. Mine has been accused of being aggressive when he's simply taking a breath to grab his favourite fluffy ducky toy to cuddle :rolleyes:

http://www.southparkstudios.com/clips/149674/its-coming-right-for-us

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My first thought when reading the story was that the poles ended up choking the dog to death - capsicum spray is nasty, but it would take a hell of a lot of it to kill a dog that size unless he had an allergic reaction to it. My Lab took 2.5 cans of the stuff to her face during a fight in my back yard with my other dog - only side effect was swelling due to it getting into the wounds on her face. The policemen who used the spray were up for a lot of paperwork after the incident too.

Being secretive about findings of the autopsy and no real indication of the full story from those who killed the dog is not good form. Stinks of CYA to me.

T.

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I don't how the rangers could escape interview from an RSPCA inspector, I would have though the RSPCA had more power to demand an interview?

I was wondering about that too - can anyone just refuse to speak to the RSPCA even if complaints have been made against them??

There are very few legislative requirements to provide information to investigating offcials, whether police, rspca or otherwise - some traffic law is one example where provision of informatino is mandatory. Apart from those legislated and particular exceptions, people have the right to silence. It's constitutional.

Not participating in an interview is not an indicator of guilt.

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  • 1 month later...

In this instance Nillumbik Pound operated by Nillumbik Council was not at fault.

The Local Laws Officers / Rangers / Dog Catchers were Banyule Council employees. The dog was taken there out of normal hours. Banyule Council at that time contracted to use the facilities at Nillumbik to house their impounded dogs. Interestingly, I understand the two involved left Council employ shortly after to go, god knows where and do god knows what?????

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