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 Post subject: Quarry dog attack case
PostPosted: Wed Oct 26, 2011 10:18 am 
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http://www6.lexisnexis.com/publisher/En ... =true&Em=4

How dare she plead not guilty. What a bloody cheek. Should be banned from even owning a dog.


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PostPosted: Fri Nov 04, 2011 9:41 am 
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The trial continues. I am not sure what her defence is as she admits taking 20 dogs on a walk when the "incident" happened.

The woman is a menace.


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PostPosted: Fri Nov 04, 2011 5:23 pm 
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Her defence is that its not a public place, therefore the ordinance she is charged under is inapplicable.


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PostPosted: Tue Nov 08, 2011 4:45 pm 
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SCMP wrote:
Area of dog attack 'not for public use'
Lands officer tells trial that people were not given permission to go into an old quarry site on Lamma Island where jogger says he was bitten by strays

Joyce Man
Nov 08, 2011

A government officer said last year that the Lamma Island area where a jogger says he was bitten by a pack of strays belonging to Hong Kong Dog Rescue founder Sally Andersen was not intended for public access or use, a court heard yesterday.
The officer was speaking at Andersen's trial in Eastern Court.

Andersen, 59, has been accused of contravening the Rabies Ordinance after a jogger was surrounded by a pack of dogs and bitten in the Lamma Island quarry area. She has pleaded not guilty to having dogs that were not leashed, or under control, and bit someone in a public place, contrary to section 25 of the ordinance.

An issue in the case is whether the location where the incident occurred was a public place.

Ho Ka-keung, an estate surveyor from the District Lands Office called by Andersen's legal team, agreed yesterday that he had said in an e-mail last April that the area was not intended for public use or access, including for fishing, hiking or walking dogs. Had someone asked to go into the area for such activities, the department would not have granted permission, he said.

Ho was speaking under questioning by Andersen's lawyer, Daniel Marash SC. The area was leased to the Young Men's Christian Association in May this year, Ho said. The e-mail had been sent in response to a person who had objected to the YMCA's tenancy.

However, when cross-examined by prosecutor Neil Mitchell on whether the public could access the area, he said: "If they want to walk to the site, they can." Members of the public did walk on government land of the same type as the area in the case, he said.

The Lamma Island quarry operated from 1978 to 1995, and was then allocated to the Civil Engineering Department. In 2003 it was handed over to the District Lands Office and the YMCA began a three-year tenancy earlier this year.

According to the Interpretation and General Clauses Ordinance, "public place" means any public street, pier, or garden, and any theatre, place of public entertainment, or other place of general resort, admission to which is obtained by payment or to which the public have or are permitted to have access.

Earlier in the trial, Mitch MacDonald spoke of encountering 20 to 25 dogs during one of his regular runs in the area on October 6 last year. He said the dogs surrounded him and bit him, but he could not identify which dogs had bitten him.

The court earlier heard that Andersen regularly took in stray dogs from the Agriculture, Fisheries and Conservation Department. An estimated 5,000 dogs have been registered under her name over the years.

Ho was the last witness to testify in the trial. Deputy Special Magistrate Stephen Yeung Shu-bun adjourned the case until November 30 when Marash and Mitchell are scheduled to make their closing submissions


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PostPosted: Fri Dec 16, 2011 5:55 pm 
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What was the verdict?


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PostPosted: Wed Jan 18, 2012 12:08 pm 
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Quote:
Woman cleared over dog attack
18-01-2012
The founder of Hong Kong Dog Rescue, Sally Andersen, has been acquitted over a dog attack on a jogger on Lamma Island last year. Eastern Court Magistrate, Stephen Yeung, described the victim, Mitch MacDonald, as an honest and reliable witness but he said there was insufficient evidence to prove one of Ms Andersen's dogs was responsible.

The magistrate said Mr MacDonald admitted that he didn't see whether the dog that bit him had responded to Ms Andersen's calls and she did not witness the attack. Mr Yeung ordered Mr MacDonald to pay her court costs


So take your iPhone with you and video the dog attacking you if you want to make a case.


Last edited by Alan on Wed Jan 18, 2012 12:32 pm, edited 1 time in total.

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PostPosted: Wed Jan 18, 2012 12:11 pm 
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Unbelievable. And he has to pay her court costs?


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PostPosted: Wed Jan 18, 2012 2:21 pm 
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SCMP: Sally Andersen cleared over dog attack
Ada Lee
Updated on Jan 18, 2012
Sally Andersen, the founder of Hong Kong Dog Rescue, was acquitted on Wednesday morning over an incident in which a runner was surrounded by a pack of dogs and bitten.
The judge ruled there was no direct evidence that the dogs, which bit jogger Mitch MacDonald, belonged to Andersen.

She was accused of having dogs that were not leashed or under control, and biting someone in a public place, contrary to section 25 of the Rabies Ordinance.

MacDonald, a Lamma Island resident, told the Eastern Court earlier in the trial that he had been bitten twice when surrounded by 20 to 25 dogs while jogging in a quarry in Sok Ku Wan, in October 2010.

Six of the dogs were not muzzled, and the pack of dogs ran to Andersen when she yelled at them after the biting incident, the court heard.

Deputy Special Magistrate Stephen Yeung Shu-bun said prosecutor Neil Mitchell had failed to prove beyond a reasonable doubt that Andersen's dogs had bitten MacDonald.

Although he accepted MacDonald as an honest and reliable witness, he said MacDonald's recollection of the incident was vague.

“Significantly, [MacDonald] did not say whether the first dogs that left the area were among the first wave of dogs, or more specifically, the dogs that had bitten him,” the judge said.

“There is no clear evidence from [MacDonald] the dogs that had bitten him went to the defendant.”

Andersen said in a caution statement that she did not witness the biting, because she was too far away from MacDonald and was walking away from him when it happened.

Another key point in the case was whether the location of the incident was a public place. The judge ruled that the quarry was a public place when the incident happened, because members of the public could reach it easily and used it frequently


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PostPosted: Wed Jan 18, 2012 2:51 pm 
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That's barking mad....

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PostPosted: Wed Jan 18, 2012 4:11 pm 
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Everytimeagoodtime wrote:
That's barking mad....


Perhaps joggers should be banned.

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PostPosted: Wed Jan 18, 2012 4:19 pm 
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From the HK Dog Rescue Facebook page, posted by Sally:

"For those who have been following my court case, I was acquitted this morning with costs awarded. I would like to thank everyone for their support over the past year and a bit, and for my legal team of Danny Marash, Chris Morley and Anita Chow, as well the the judge for his very fair and balanced handling of the case. Now it's over and life can resume to its normal chaos! Sally

Commenting on this post, some of HKDR's loyal Friends are attacking Mitch, the victim, now....

But it was Ag & Fish Dept. who was prosecuting her, not Mitch, he was just a witness for them. So AFCD, the Govt., actually the taxpayers, will have to pay for at least part of the costs of the high-powered team of three lawyers, the so called "Dream Team".

There seems to be a lot more to this case, behind the scenes, as it looks so obvious, clear-cut and ugly on the surface. Several mountainbikers and even birdwatchers have been attacked or severely threatened over the years inside the Quarry by Sally's pack of dogs, I know some of these Lammaites personally. I saw Mitch's severe, infected bite marks a few days after the incident.
I've never seen any dogs at all inside the Quarry myself, even though there are rumoured to be a few very shy, hardly ever seen feral dogs in there somewhere, definitely not a wild pack.

I've met Sally's pack of dogs myself (out-of-control, some of them unleashed and unmuzzled, but not aggressive at all in my own encounter, outside the Quarry). I might try to find out more from both parties, plus friends, especially why the court let her off without even a fine. Not enough proof?

And why was the AFCD prosecuting her? HKDR and AFCD have such a long and close relationship, I thought....<HR>
Interesting to note that the judge declared the Quarry as a public place where members of the public where free to go back then.

Not anymore, the YMCA has fenced in the area, locked the Luk Chau gate and put up no entry signs just a few days ago, according to the pictures of an early-morning-mountainbiking friend of mine.

You can still go in, around the fence, but you might still meet Sally's pack of large dogs in there.

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PostPosted: Wed Jan 18, 2012 9:57 pm 
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Maybe we should be pointing the finger of blame at some of the other western women who regularly exercise large packs of dogs in that particular area?


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PostPosted: Thu Jan 19, 2012 12:09 am 
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Obviously lycans are the prime suspects.
Was it a full moon?


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PostPosted: Thu Jan 19, 2012 10:21 am 
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a disgraceful verdict, I too saw the bite on his leg


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PostPosted: Thu Jan 19, 2012 11:11 am 
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Surely grounds for an appeal. And some more publicity against this looney and her out-of-control pack of dangerous animals


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PostPosted: Thu Jan 19, 2012 12:17 pm 
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Bloody awful verdict - no wonder we have a problem with dog poisoners if this the type of justice you can expect from the HK Courts.

As far as the courts are concerned it seems to be ok for this lady to continue posing a danger to the general public with her roving band of out of control hellhounds. She seems to get away with it every time and she often has the cheek to blame the victims.

Those who supported her in this case ( I am sure they will all thank her for naming them in her post !) should be ashamed of themselves.


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PostPosted: Thu Jan 19, 2012 12:19 pm 
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Steve Vines was talking about the case this morning on Radio 3.

He's a supporter of Dog Rescue and took the line that there was no evidence the dog was one of Sally's, and it was completely out of order for her to have been charged because of all the good Dog Rescue has done. He also thought it was on Lantau, so he obviously has carefully reviewed the facts.

You can hear this at the archive:
mms://202.177.192.111/rthk/radio3/20120119/2012011910.asf
starting at 39:44

Also there was another SCMP story today, if anyone has it available could they paste it in.


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PostPosted: Thu Jan 19, 2012 1:14 pm 
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if you have a good lawyer (in this case 3) you can get away with almost any crime. That's why jails are full of desperados on legal aid.


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PostPosted: Thu Jan 19, 2012 1:24 pm 
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Pet rescuer cleared over attack by dogs on jogger

by Ada Lee - Jan 19, 2012

The founder of Hong Kong Dog Rescue yesterday walked free from Eastern Court after being accused over an attack by a pack of dogs on a jogger....


I don't have SCMP website access ($399), so if somebody could paste the full story, please.

No doubt that it's a most sympathetic story as the SCMP has been supporting her really great HKDR work for many years in many stories, same as ATV and TVB and almost all English media. Check out this friendly interview with her last year:

http://www.cairnsmedia.com/archives_feature_who-lives-who-dies-how-to-decide_03162011.html

Does somebody know where to find the judge's summary and verdict of the case, it should be online. It seems that the case is a lot more complicated than it looks like at 2nd or even 3rd glance and when knowing much of the background and people involved. The case has been going on since the attack in 2010 and has quite a lot of plot twists and turns.

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Last edited by Lamma-Gung on Fri Jan 20, 2012 2:19 pm, edited 2 times in total.

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PostPosted: Thu Jan 19, 2012 2:27 pm 
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Lamma-Gung wrote:
Does somebody know where to find the judge's summary and verdict of the case, it should be onlin

The case list is here
http://www.judiciary.gov.hk/en/crt_list ... tnmag.html
Quote:
ESS11641/2011
ANDERSEN, SALLY
Being the keeper of dog not on leash or under control bit a person in a public place


No details of the judgement online as yet.
Should be able to find it here, using the case number "ESS 11641/2011", when it does:
http://legalref.judiciary.gov.hk/lrs/co ... dgment.jsp

Here's a translation of a news report from HK Daily News
Quote:
Sentencing magistrate refers to the incident wounding six dogs, due to no evidence that they are feeding and management by the defendant, and the time of the incident the defendant was not present, did not witness the incident, but no way to stop dog attacks, When she found the victim was injured, the six dogs have been away from the scene, did not know dogs look like. Magistrate that the case beyond reasonable doubt exists, it ruled in favor of the defendant.
In addition, erected near the site of the incident, "quarry" and other signs, the defense had pointed out the place is a private place, the victim should not trespass. Magistrate that any person may walk around the place, ruled that the land is a public place, but that has little to with the case. The magistrate accepted the defense argument then, means the defendant has no obligation to bundle do not know hurt dogs, sentenced her to costs. Case Number: ESS11641/2011
Trial: Deputy Special Magistrate Yang Shubin


So it seems the point was that it was impossible to prove the dogs were hers.

In a murder case, you need "beyond reasonable doubt" to convict. It seems the magistrate set a similar very high standard of proof.

So if Sally claims the dogs that attacked the jogger weren't hers, it implies they are feral dogs. So that will scupper the TNR proposal.
AFD will just continue catching and killing them.

Also found a photo of the jogger and his injury at Apple/Next
http://www1.hk.apple.nextmedia.com/template/apple/art_main.php?iss_id=20111026&sec_id=4104&art_id=15741412


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