Your Victoria Times Colonist

Rottweiler paroled, owner's pet privileges curtailed
Richard Watts, Times Colonist
Published: Friday, May 25, 2007

A Rottweiler declared dangerous in provincial court yesterday got a chance at a new life in a new home.

But the dog's owner had her pet privileges restricted.

Judge Judith Kay signed a court order removing the Rottweiler, named Aragon, from owner Maria Jane Mudry and sending the animal to a new owner, the dog's breeder in Nanaimo.

The court order also forbids Mudry from owning or possessing any dog bigger than 25 pounds (11.3 kg) anywhere in Victoria or Saanich.

Lawyer Troy DeSouza, acting for the City of Victoria, said outside the courtroom that Victoria animal-control officers seized Aragon on April 26.

Earlier that day, the dog lunged without warning at a woman walking past the Starbucks near the Bay Centre's Fort Street entrance.

Animal-control officers in Saanich had already declared Aragon a vicious dog over a 2006 incident in which a man's hand was bitten.

DeSouza said Mudry has a history with vicious Rottweilers going back to 2002 when another dog, this one named Amarack, was seized and ultimately destroyed.

"She's had two Rottweilers, both declared dangerous dogs, both male dogs both involved in similar incidents," said DeSouza.

He said the court order is a responsible, meaningful way to deal with the real problem, the dog's owner.

"Nine times out of 10 it's the owner that is the problem, not the dog," said DeSouza.

He said he is satisfied the breeder is a responsible dog owner familiar with Rottweilers. Under the court order, the new owner will also be under some restrictions with Aragon, like muzzling.

The 25-pound weight restriction will help ensure Mudry no longer has animals capable of doing great harm to people, and gets around problems about a dog's breed, such as when it is a pit bull. (According to the online encyclopedia Wikipedia, Rottweilers weigh an average of 50 kilograms -- 110 pounds.)

Mudry agreed to the court order with apparent reluctance. Twice she told the court she wasn't happy. And she had to be prompted to give a verbal "yes" when asked for her consent.

Outside the courtroom, Mudry said she consented only because it meant Aragon would not be destroyed.

And as for no longer being able to own a big dog, Mudry said she didn't have to live in Victoria or Saanich. "I can live anywhere I want to."

Claire Macdonald, who was bitten by Aragon in the Bay Centre incident, said the attack occurred without warning. The animal simply lunged at her, puncturing the skin on her hand.

Macdonald said she has lots of experience with animals, from dogs to horses. But the attack has left her considerably more cautious.

"I'm definitely a lot more leery of dogs that I don't know."