Brendan Butler with Rusty.
WHEN Brendan Butler thought he was saving his dog from going to the pound, he never imagined he was entering an episode that would not end for more than 10 months.
After the Kentucky Bluegrass resident freed his dog from a council vehicle last August he was charged with assaulting a council officer, unlawfully entering a vehicle and stealing a $4.50 leash.
After numerous adjournments the matter landed before the Bundaberg Magistrates Court yesterday where police decided to drop the charges of assault and unlawfully entering a vehicle.
He pleaded guilty to stealing a leash from the council worker - but lawyers said the offence was only “technically” stealing.
Bundaberg Police prosecutor Robyn Shapcott told the court Butler freed his bullmastiff called Rusty from a council car outside his parent's Kentucky Bluegrass home on August 5.
Butler acted to save his dog after arriving home at about 4.30pm to see a council worker driving away with pet in his car.
The court heard Butler opened the door of the council vehicle and the dog ran out.
The council worker produced a baton after an argument with Butler, the court heard.
Butler returned the leash to council the next day and his mother has paid a $140 fine for the impoundment of the dog, the court heard.
But Butler was still charged with the offences.
“This could have all been solved on the roadside,” Butler's mother Jessica Mulvena said.
Butler described the entire episode as “stressful” and “aggravating.”
“It has been dragging on for months and it's been very stressful going back to court, not knowing what's going on,” he said.
He had intended to contest the charges of unlawful entry and assault charges before police dropped them yesterday.
“It was fair enough to plead guilty to stealing because I guess it is stealing, even though I didn't want the leash and I returned it,” he said.
In court, his lawyer Kel Pearson said his client pleaded guilty because it was a “technical stealing.”
Magistrate Jennifer Batts said the offence was at the low end of the scale and placed Butler on a good behaviour bond.
He will pay the court $180 if he commits an offence in the next three months.
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Posted by Predictor from Moore Park, Queensland
16 July 2009 8:30 p.m. | Suggest removal » | Post reply »
This is totally out of context and this shows clearly the rotten SYSTEM is working against the poor Citizen.
This was not stealing if the dog was attached to the leash and the leash has been voluntary returned by the supposing offender the next day..!
There is a word called "BORROWING to keep an animal in safe restrain."