Repercussion’s of the Supreme Court Ruling Chivers Vs Gold Coast City Council’s
Gold Coast City Council and the Hon Minister Desley Boyle set to Kill all American Staffordshire terriers and set Pit bull terriers free.
Are the American Staffordshire terrier and the American Pit Bull terrier one breed or are they two different breeds of dog?
It is generally accepted that the Amstaff and Pit bull came from a common blood line or stock, descending from the Staffordshire bull terrier originally.
The split happened when the UKC, United Kennel Club, preferred their Pit bull stock to be bred for gameness or performance and other dog groups wanted to move towards conformation and show qualities.
The American Staffordshire terrier was then line bred with the best of what was available within their registries to only other registered American Staffordshire terriers for the next 90 years, keeping this breed pure to the original blood line.
What I found out here in Australia, at least, because there is no national registry for the American Pit Bull terrier and as this breed is not recognised by the Australian National Kennel Club or groups like the CCCQ ect, owners and breeders had an open hand at what they were allowed to do in regards to improving or enhancing the look of their particular dogs.
When looking at individual breeders and their dogs, one will boast at how larger their blood lines head is or another will claim that theirs are the biggest most muscular Pit bulls in Australia, now looking nothing in anyway like the original American Pit Bull terrier from the USA, or in fact nothing like the original imported dogs to Australia.
With the introduction of the BITSA DNA dog breed identification test, many American Pit Bull terrier owners were horrified that their secret cross breeding program would come to light exposing how their dogs came to be so individual and distinct from the original imported blood stock to Australia.
After completing now over 30 DNA tests and working with the DNA lab in Victoria it had become indisputably clear that many of the once known American Pit Bull terriers are now showing to be nothing but lookalike cross breed dogs, holding any number of breeds unlike the original cross breed combination which was the American Pit Bull terrier.
The American Pit Bull terriers breeders are not totally to blame for altering their breed or dilution of their blood line, as the prohibition on importing blood stock and the banning and destruction of good breeding stock by the Qld Governments BSL law 17A forced many if not all dogs to go underground. What choice did dog owners have? The blame rests still with this Qld Government who must hold part of the blame for all the consequences of this badly thought-out law.
With the American Staffordshire terrier, the BITSA DNA identification test shows very clearly, scientifically and without any doubt that a suspected dog either is a pure breed American Staffordshire terrier or an American Staffordshire terrier cross breed dog, showing what it was cross bred with, or just a lookalike cross breed, showing what dogs made up the lookalike combination.
With the court case run on the 29th of March, 2010, BRISBANE SUPREME Court. CHIVERS Vs Gold Coast City Council. Ms Chivers went to trial to fulfil a magistrate order asking her to prove her dog was an American Staffordshire terrier so she may be allowed to return her dog to her home on the Gold Coast.
She was not only successful in proving this point uncontested, she also was able to prove that the method of identification used by councils in South East Qld in identification of suspected Pit bull terriers was knowingly false, and that the Qld Government staff, (Animal Control Officers for respective Councils) held no formal or academic qualifications clearly showing they could and would never be considered an expert, in any field in dog breed identification or experts in general under the rule of law.
However in a final twist, at the end of the trial, the GCCC Barrister entered a new submission, which was never presented to Ms Chivers Barrister, changing their whole point of view, stating they had admitted over the past 7 years they had got things wrong and now seen the light and found the truth.
Despite presenting expert evidence in some 10 to 20 trials, that the American Staffordshire terrier and the American Pit Bull terrier were two separate breeds and that with the training of their expert Debora Pomeroy and the 22 point checklist they could without any reservation prove that the dogs were two separate breeds, they now contend that they are the same breed of dog.
As this was submitted at the end of the trial, Ms Chivers Barrister without prior notification had 10 minutes to come up with a reply, thus leaving it to the judge to base his decision on what was before him, the court ruled that an American Staffordshire terrier and the American Pit Bull terrier were the same breed.
Ms Chivers Barrister was clearly blindsided, the rules or principles of natural justice, also known as procedural fairness, were developed to ensure that decision-making is fair and reasonable. Put simply, natural justice involves decision-makers informing people of the case against them or their interests, giving them a right to be heard (the ‘hearing’ rule), not having a personal interest in the outcome (the rule against ‘bias’), and acting only on the basis of logically probative evidence (the ‘no evidence’ rule).” And in a way the judge showed he knew this by his comments and not awarding any costs a clear indication that one side did not follow the rules.
How does this affect dog owners? As the Gold Coast City Council so cleverly tricked a Supreme Court Judge in giving a false ruling, by disobeying the rules or principles of natural justice, their win has given all Pit bull terrier owners a free get out of jail card. I will explain.
The GCCC’s win that American Staffordshire terriers and American Pit bull terriers are one and the same.
Here’s the Kicker, there is a DNA test for the Amstaff, 100% accurate, the same test that all the American Staffordshire terrier clubs use to check the validity of a suspected members true breed, the same test the ANKC and the CCCQ use, that is the BITSA Dog Breed Identification DNA test.
Therefore there is a DNA test for Pit bulls…the Amstaff DNA test, so any other dog that does not conform to the Pit bull DNA test (Amstaff DNA test) must not be a Pit bull terrier.
With me so far….
Kill all the Amstaffs, a group of the dog community that have never caused any problems just so a dog called Tango could not be returned to the Gold Coast and win at all costs, has in effect made the GCCC set the Pit bulls free to breed/grow in number and really become a problem as the Pit bull terrier will never pass the Amstaff test.
Just think, when the Restricted dog owners (Gold Coast and South East Qld) find out that all they have to do is send a DNA test to the lab and should the results come back their dog is not an American Staffordshire terrier, they then, don’t have an American Pit bull terrier, no need to put the signs on their gates, no extra fees, compensation for the harassment /desexing their dogs, then the need for an explanation to why the GCCC falsely identified their pet wrongly in the first place?
Wow, Gold Coast City Council how smart do you feel now!
The QLD Government’s Honorable Desley Boyle, Minister for Local Government and Aboriginal and Torres Strait Islander Partnerships who has had two terms as Minister for Local Government over the past 7 years, and Mr Logan Timms, Senior Policy Officer of the Department of Infrastructure and Planning, have been placed in this situation by the GCCC. They are in a stalemate situation; it’s finally up to the dog owners in QLD to write to the Minister demanding that she fix this problem immediately, sack the GCCC or resign enabling hopefully another Minister to come up with a competent solution to fix this problem.
There is currently a case on the GCCC “Whereo” and “Mo” who were both placed under a destruction order by the Gold Coast City Council, Animal Management (Cats and Dog) Act 2008, section 127, Destruction Order.2010/01, Both dogs have been tested for Breed identification, known as BITSA which you are familiar with, and the results are:
Mo: Boston Terrier/ Golden Retriever
Whereo: Staffordshire Bull terrier/ Boxer
Both do not hold the cross breeding to be American Pit bull terriers (or American Staffordshire terriers either, same thing) so how is it that they were identified as American Pit bull terriers or restricted dogs or how have they broken the law?
The first of many back cases to come forward.
The Gold Coast City Council’s way of fixing a problem is to make the whole thing much, much, worse, just out of spite. The Gold Coast City Council, head of Animal Control Geoff Irwin, has over stepped his authority (Abuse of Power).
This Supreme Court decision has in effect, with the introduction of BITSA DNA testing, made the BSL section of the Animal Management (Cats and Dog) Act 2008, unworkable, therefore powerless and Ineffectual.
Mr Logan Timms, Senior Policy Officer of the Department of Infrastructure and Planning, has been made fully aware of this case for well over a month and has done???