‘Dog owner not to blame for death’
A legal expert says the owner of a dog who attacks an intruder cannot be held liable if the person is killed.
|||Cape Town - A legal expert believes the owner of a dog who attacks an intruder cannot legally be held liable if the person is injured or killed on his property.
The issue has become a fierce debate after an alleged thief was mauled to death by two pit bulls last week.
A graphic video doing the rounds on social media shows Wayne “Wayntjie” Kayster being attacked by the dogs in the backyard of a house in Lotus River.
The 35-year-old tries fighting off the dogs while they are attacking him, and screaming onlookers pelt stones at the honde.
Cops who arrived on the scene, shot one of the dogs in an attempt to help the man.
Kayster, a scrap collector, was rushed to hospital where he later died.
His family claims he was known to the homeowner, Anthony du Plessis, and wasn’t breaking in. They say one of the dogs dragged him over the high vibracrete fence when he peeked over.
However, Du Plessis has said on social media that his dogs, Paco and Rocco, both males, attacked an intruder.
Police have opened an inquest docket into the matter, while the SPCA said they won’t be laying charges against Du Plessis.
Criminal law expert William Booth says the law is on Du Plessis’ side in this case.
In an interview with Cape Talk breakfast show host Kieno Kammies on Wednesday, he said: “If the person jumps your high, gated property and attacks or attempts to attack you, and the dog protects you, I don’t believe the owner is liable.”
Du Plessis was also upset that police shot Paco, and posted an emotional message on Facebook saying: “My dog shot by SAPS for ripping apart a burglar which my dog caught in the act in my absence.
“Love u my natural born killer. (sic)”
Booth says police have a sacred duty to protect human life.
“In this case also the police are allowed to use excessive force if a person’s life is in danger and they cannot subdue the dog.”
He says in the case of “dangerous dogs”, it is the responsibility of the owner to ensure the dog is not a danger to anyone.
“The dog must be kept away from people if he knows the dog is dangerous,” says Booth.
“[The dog] must not be able to, for instance, escape the property and chase down or bite passersby.
“Liability could only ensue if the owner allows the dog to roam free and attack people.
“Dogs must be trained and on a leash when out in public”
Spokesperson for the Cape of Good Hope SPCA, Belinda Abraham, says no charges have been brought against Du Plessis.
“None of City’s bylaws have been contravened. In addition to this, the SPCA has done a full clinical examination on the surviving pit bull [Rocco] and we are completely satisfied that he is well cared for and have no reason to fear for his wellbeing,” she says.
Daily Voice