tybrax Posted September 16, 2008 Report Share Posted September 16, 2008 BANNED- BREED FIGHTER CAST CHECKLIST DOUBT. BY BRENT MELVILLE LOCAL SUN 16TH SEPT. 2008. Gold Coast City Council officers have been warned they could face personal civil damages in Court if they continue to use a 22 point checklist to impound "restricted- breed" dogs. The warning comes from a Gold Coast paralegal and Security firm operater, Jon Mokomoko, who is campaigning against municipal bylaws banning the pit bull terrier dogs. He maintains the 22 point checklist being used by councils if fraudulent and cites two Court cases and advice from a Brisbane law firm, King and Company, which specialises in local government matters, to support his claim. He said Gold Coast council, Logan,Redcliffe councils had all lost cases, proving the 22 point checklist was seriously flawed. Mr.Mokomoko warned senior Gold Coast council officers that Councillors that damages could run into "tens of thousands of dollars" for individual actions. "The Gold Coast Council probaly has destroyed 70 to 80 dogs using the "checklist" he said. "Thats taking someone's private property and destroying it under false pretences." The Gold Coast Council last week refused to comment on the issue. Mr. Mokomoko said he had overturned nine cases of restricted - breed rulings on the Gold Coast over the past 3 years and 23 other in South east Qld. One such case was reported by the Sun in Feburary this year when Mr.Mokomoko used security camera's to film council animal control officers using the 22 point checklist on a dog at Currumbin owned by Fiona Gibson. Two animal control officers declared the American Staffordshire dog to be a banned pit bull terrier. But following Mr.Mokomoko's intervention they later told Ms. Gibson the dog's score sheet had been "recalculated" and did no qualify as a pit bull. Mr.Mokomoko said anyone who had a dog identified as a restricted breed by the Council using the 22 point checklist "cannot lose" if they contact him and followed his advice. "King and Company (solictors) have told the Councils to stop using the checklist until it is validated,"he said. "But they are still using it and l'am advising dog owners affected by it to take civil action if officers continue to use it. "These officers could be sued for MISFEASANCE and, under Qld law, council officers do not have indemnity and this has been made clear in a notice on the website of the Department of Premier and Cabinet." The state Government confirmed 'the State may not be liable for its actions of its officers which ammount to MISFEASANCE. TYBRAX R.I.P. My beautiful girl Tyra. xx Link to comment Share on other sites More sharing options...
tybrax Posted September 16, 2008 Author Report Share Posted September 16, 2008 22 point checklist. Ratings - 0 - Does not comply NB :- (comment required) 1 - Partly Complies 2 - Substantially Complies 3 - Fully Complies Body Part Rating Please make comments 1. Head - medium in length and is brick wedge shaped 0__ 1__ 2 __ 3 __ Councils have added wedge 2. Head shape - has a skull shape which is flat and widest at the ears with prominent cheeks free from wrinkles 0__ 1__ 2 __ 3 __ 3. Muzzle - square, wide and deep 0__ 1__ 2 __ 3 __ 4. Muzzle - well pronounced jaws, displaying strength 0__ 1__ 2 __ 3 __ 5. Upper teeth - meet tightly over lower teeth (scissor bite) 0__ 1__ 2 __ 3 __ 6. Ears - set high on the head and free from wrinkles 0__ 1__ 2 __ 3 __ 7. Eyes - round to almond 0__ 1__ 2 __ 3 __ Councils have added almond 8. Eyes - set far apart, low down on the skull 0__ 1__ 2 __ 3 __ 9. Nose - wide open flared nostrils 0__ 1__ 2 __ 3 __ Councils have added flared 10. Neck - muscular and slightly arched 0__ 1__ 2 __ 3 __ 11. Neck - tapers from shoulder to head 0__ 1__ 2 __ 3 __ 12. Neck - free from looseness of skin 0__ 1__ 2 __ 3 __ 13. Shoulders - strong and muscular with wide sloping shoulder blades 0__ 1__ 2 __ 3 __ 14. Back - short and strong 0__ 1__ 2 __ 3 __ 15. Back - slightly sloping from withers to rump 0__ 1__ 2 __ 3 __ 16. Back - slightly arched at the loins with the loins slightly tucked 0__ 1__ 2 __ 3 __ 17. Chest - deep, but not too broad, with well wide sprung ribs 0__ 1__ 2 __ 3 __ Council add well 18. Tail - short in comparison to the size of the dog, tapers to a fine point and not carried over the back and dose not extend beyond the hocks 0__ 1__ 2 __ 3 __ Council added Does not extend over hocks 19. Legs - medium to large, round boned and reasonably strong 0__ 1__ 2 __ 3 __ 20. Feet – of medium size should be in proportion to leg size 0__ 1__ 2 __ 3 __ Council have added should be proportion to leg size 21. Thighs - well developed muscles 0__ 1__ 2 __ 3 __ 22. Coat - short and stiff to touch 0__ 1__ 2 __ 3 __ 23. Height - from withers to ground ____________cm 24. Common photo match Yes____ No____ Total Points: _________/66 Officers Comments:....................................................................... ........... Vet Name:........................................................................... ....................... Qualifications:................................................................. ........................... Veterinary Stamp or Staple Business Card........................................... So many dog would fit the criteria of this piece of rubbish. tybrax Link to comment Share on other sites More sharing options...
Melp Posted September 16, 2008 Report Share Posted September 16, 2008 Wow, well done that man. Do you have legal aid over there? here in the UK no legal aid is available for a civil case which makes it almost impossible for most people to afford to fight. As you say, so many dogs would fit the criteria. Do you happen to know how many points out of 66 mean that the dog has substantial characteristics? Link to comment Share on other sites More sharing options...
Rumpole Posted September 16, 2008 Report Share Posted September 16, 2008 wonderful man and fantastic news for the owners thank you for posting this Link to comment Share on other sites More sharing options...
tybrax Posted September 17, 2008 Author Report Share Posted September 17, 2008 Thank you for your comments here is our website feel free to read the true stories also the 22 checklist truth. ACO D.P. descredited herself in Court she states she taught herself of the internet and she went on to train all ACO in Qld. Self proclaimed expert. http://www.victimsofbsl.com/ tybrax and Jon. Link to comment Share on other sites More sharing options...
tybrax Posted September 17, 2008 Author Report Share Posted September 17, 2008 Sorry forgot to add we have a solictor that goes pron bono for us. Also if your dog scores under 45 the dog is safe, scoring over 45 your dog is deemed a pit bull type. Queensland Government copied your laws. Tybrax Link to comment Share on other sites More sharing options...
Melp Posted September 17, 2008 Report Share Posted September 17, 2008 Thanks for that Over here the police seem to have different methods of determining type. They use the ADBA standard but some officers use a points system similar to your checklist, some use measurements and some, unbeleivebly do it by eye! Some say that a dog with over 50% score is a pit bull type, others say 60% It's no wonder the public are confused when the authorities don't even have a set rule. Link to comment Share on other sites More sharing options...
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