A ROCHESTER farmer who shot a dog that was terrorising his cattle committed no offence, according to police investigating the much-publicised incident. The farmer, former Rochester councillor Bill Leahy, yesterday told the Bendigo Advertiser he'd been persecuted and had received death threats since the shooting became public knowledge.
On Tuesday, Mr Leahy shot and killed a boxer dog, Luke, owned by David Wilkens, 10, and his seven-year-old brother Bohdi. Mr Leahy said the dog had been on his land and had been chasing his cattle.
While he refused to comment on the media coverage of the incident, Acting-Sergeant Tass Gavalakis of Rochester Police said Mr Leahy's version of events deserved to be aired.
Acting-Sgt Gavalakis confirmed Mr Leahy had received death threats since the incident became public, with Mr Leahy even taking a threatening phone call while police were at his house.
Investigations into the incident are continuing, but Acting-Sgt Gavalakis said at this stage he was satisfied Mr Leahy had committed no offence.
Legislation exists for charges to be brought against dog owners who fail to properly restrain their animals.
Police are still determining who is the rightful, registered owner of Luke and whether charges will be laid.
RSPCA representatives spoke with Mr Leahy at his house yesterday and were satisfied he had acted responsibly.
David and Bohdi Wilken told reporters they had been warned by Mr Leahy to get their dog off his land, but said they had not been given a chance to do so.
"He told me I had five minutes to get my dog off his paddock or he'd shoot it . . . but we never had any warning," David was quoted as saying.
"And that was the first time Billy Leahy saw Luke in the paddock and he just shot him."In contrast to that report, Mr Leahy told police he had given David and Bohdi ample warning and opportunity to remove their dog.
Mr Leahy said he even drove home; returning 10 or 15 minutes later to find the dog still terrorising his cattle.
He then shot the dog.
In his interview with police, Mr Leahy said his cattle were in severe distress - some frothing at the mouth - having been chased by the dog for about 20 minutes. Mr Leahy told police he did not hear the boys call out to him, nor did he see them when he returned to dispose of the dog.
"The kids said they were calling out for him not to shoot the dog," Acting-Sgt Gavalakis said.
"Mr Leahy is not saying they are not telling the truth, but that he didn't hear them," Local residents also say the portrayal of Luke as a playful puppy is inaccurate.
A neighbour of the Leahy's told the Advertiser his 15-year-old daughter had been attacked by the dog just three weeks ago and that other people in the area had also been bitten by the animal.
The dog was described as a known menace and said it was "at least a metre tall at the shoulders".
The picture used by some news services was apparently taken more than 10 months ago when Luke was only six-weeks-old. "The dog was not a small puppy any more," Acting-Sgt Gavalakis confirmed.
"It was a fully-grown, 12-month-old boxer, capable of causing damage to cattle. "Criticism over the method with which Mr Leahy killed the dog were also unjustified, Acting-Sgt Gavalakis said.
"All reports indicate Mr Leahy disposed of the dog in a humane manner and that the children were not put at risk by the incident." Mr Leahy's wife, Maureen, described life since the news of the incident became public as "very unpleasant".
Anybody with information about the incident is asked to call Acting-Sgt Gavalakis at Rochester Police.