When Jade moved into her new property with her two dogs, she has no idea that a rotting fence paling would lead to her spending six months fighting to free her pet from the local pound.
On December 4, 2012 Jade’s two dogs broke through the fence of the home she’d moved into just three days earlier. Luckily, they didn’t end up on the street but in a neighbours yard, which could have meant the dogs were taken straight home. Unfortunately however this neighbour assumed calling the local ranger from Monash Council was the right thing to do, and both dogs went into the Burwood RSPCA pound.
One of Jade’s dogs, Kerser, was a few days later assessed as a restricted breed and Monash began the process of having him destroyed.
Jade had purchased Kerser from a friend back in April 2012, making him just 8 months old when he was seized. He was sold to her as an American Staffordshire terrier cross puppy. And Kerser was unregistered as Jade had delayed doing it, knowing she was soon moving into her own place.
Being unregistered, and being identified as a restricted breed, was an immediate death sentence for Kerser as any restricted breed dog that is found to be unregistered must be destroyed.
Distraught, Jade appealed this decision with Victorian Civil and Administrative Tribunal.
The April court case saw Kerser’s declaration upheld and he was formally declared a restricted breed. VCAT deputy president Heather Lambrick who upheld the council’s decision said;
“The overall impression of Kerser is one of compliance. He may not be a perfect example of a pit bull. However, such a dog probably does not exist”
Jade has since worked to take this decision to the Supreme Court, but this appeal has now been denied. Kerser will be killed.
Kerser is scheduled to be “humanly euthanised” Monday 3rd June at 5pm.
I am allowed to spend one hour with him and then I’ll be getting him cremated.
Please everybody we need to band together to stop BSL. Let’s change this so nobody else has to go through what I am.
Kerser, just a pup at not even 2 years old, who never hurt or threatened to hurt anybody and whose only crime was to escape from his brand new backyard will, thanks to Victorian dog laws, die in the kennels where he has spent the last six months away from his family.
Jade will pay for her paperwork oversight, not with a ‘first warning’ or a fine, but with her best friend being murdered by direction of the state government.
Shame Victoria. Shame.
Kerser’s Facebook page (http://www.facebook.com/FreeKerser)
Save this lovely doggy. Stop to kill poordoggies only because of their breed.
can’t the dog be adopted and taken elsewhere? Can’t you get a breeder to state he is not the breed?. I have 3 dogs and one is a mix—he is the sweetest!!
They would better take their time to catch criminals, and not in killing innocent animals. Mankind are less human, animals treat each other better. This is what laws bring us!!!! It should not the image but the character that counts!
civilization!!! I thought that they got that in Victoria!!!!
Patricia from Holland!!!!!!
It is a shame that they can so easily put a dog down because it isn’t a person. The dog has done nothing but been born and given to a home with an owner who loves the dog as a child. What is next? Executing immigrants because they haven’t had the chance to go for citizenship. The owner just hadn’t had the chance to register the dog. SO the dog should be punished for something that isn’t it’s fault. I think that the reason for doing this is very disgraceful. Maybe the people who decide this should have to deal with their own children facing death. Maybe they will start getting their heads out of their own backsides.
I can’t believe we have a law that allows an innocent to be taken from his family & murdered. I am disgusted. How can this be allowed to happen?
VCAT deputy president Heather Lambrick needs to lose her job after that comment. Obviously she has a bias against any dog who may be even distantly related to the pitt bull. Were I in the local area, I wouldn’t stop finding reasons for her to need a career change.
This is wrong, putting a dog to death because of breed??? how the hell do you have the right to kill because of “restricted breed”??? i mean your killing the dog because of genetics and look. im sorry that he is being euthanised, and angry because of that bullshit reason that they are using, and what in the hell is “humaine” about euthanasia, stuff like this just shouldnt happen…
This is terrrible poor dog , he is only a pup keep fighting to save him dont ever give up on him.
I live in Alabama. I can remember a time when PEOPLE were persecuted because of the the way they looked – color of their skin. How much far removed is this type thinging from that type of discrimination?? Blame the deed not the breed!! Now who’s backwards thinking mentalilty is ruining the world!!! At least for this poor dog and his family. Come on Victoria! get with the 21st Century on this topic.
these are redeculous laws. why is it that some people do just harm to those how cann’t act or have a say’
This is just wrong. Didn’t the neighbor know those were her dogs? I don’t understand why this has to happen. And to the person above saying something about having a bully breed for protection – what is that? My pitties would absolutely be worthless guard dogs – they are people dogs. As far as I’m concerned, the dog should not be euthanized. Laws need to be changed.
Is there any way to stop them? Any petitions to sign?
I am so sad to hear that a good dog that it is love is going to be cremated just because the way he looks and his breed. dogs are not vicious, people are. bad people who can train any dog to do evil. dogs dont need to pay for humans mistake or greeds. I believe every case should be investigate on his meris and give this dog another chance.
He is just a puppy, full of live and love.
They should have tougher laws for people who enjoy dog fighting, not just a fine or reprimand, or like a lucky few that because they have money all the have to do is community services, what a shame,and disgrace.
So So sad, im so sorry . Hope the decision gets changed .
OMG, don’t they know that there is no such thing as a vicious dog? That every dog can be turned into a danger if he has the bad luck to be owned by a dangerous person? That BSL is racial discrimination and that it would be forbidden if this was about humans? I have a Saint Bernard and he could be a real threat to society if I hadn’t educated him. A Saint Bernard (O look, a Beethoven…..) is supposed to be nice and very friendly. Forget it if you meat my Paulus because if you threaten me he will threaten you. Still he does not fall in the BSL law because he looks like Beethoven and not like a pitbull. Do the officials know that pitties were called nannydogs because they are so trusted with children? This law is absolute obsolete and should be destroyed immediately instead of destroying loved family pets!!!!! Shame on you, Victoria!!!!!!
Would it be possible to send him to a shelter outside of Australia provided he never return? If one would agree to take him, I’m thinking Best Friends in Utah, USA, surely we could raise he money to send him.
Is no dog safe, this is so sad. We won’t be able to have dogs soon as they will have them all as restricted breeds. My thoughts are will you, I pray to God for some miracle that he will be spared, I know that I couldn’t do this they would have to go over my dead body to get to him.
I would run away with my dogs before I would let this happen. This is so unfair and unjust.
I will email and let them hear my voice and outrage over this. Praying.
That is horrible unless the dog is a threat to people or has shown aggression before they should not be punished. They should allow the women her dog back with a chance to fix the situation its a pet not a stray for godsake. What happened to our constitution and our civil rights and our freedoms. Not only do we worry about human discrimination now animal as well when does it ever end. Its a dam dog for godsake worry about real crimes. It is a messed up world we already live in and it just gets worst by the day. God bless this poor women and her pup, and do just on the unjust that do things to poor animals.
This is incredible and to think it is happening here in Victoria is disturbing. It makes me so made because it is very much how the dog is raised and wether it has been socialised or not. Its only a suggestion but I would have begun a public campaign to try and put pressure on the councils. My heart goes to work heavy today . My prays are with you and your sweet dog.
To be honest I would never expect such horrible laws in Australia!!
I am really disappointed! Isn’t about time you respected these innocent creatures’ lives? What did Kerser do, after all? You have no right to take his life, he is somebody’s pet!
Jade I am so sorry for what you and Kerser are going through. I hope this ridiculous law can be changed soon so that innocent pets like Kerser are not under a death threat just by existing. ((Hugs))
This is crazy!!! Please stop killing innocent animals!!!!
Unacceptable, what a shame! We are living days where be decent, honest and “normal” are becoming “qualities” instead of the usual way to be! Our hearts are with you, Jade, and with your pets
This is so sad. I dont know why this happens when it is clear that this dog is a mix. The Council or (whatever state it is) should do a behavior test on the dog rather than outlawing the breed and this should be done on all dogs that exhibit bad temperaments NOT because of their breed!!! Bad owners make bad dogs not bad breeds.
PLEASE DONT DO THIS!!! Shame on you Victoria and ALL the other BSL states everywhere! Seriously people, you need to wake up and really grasp what is going on here…and CHANGE these ridiculous and completely meaningless practices and laws! (they do nothing but destroy loving animals and families)
I am begging you to make change on breed judgement and discrimination! We need to educate, not KILL! All because of a dogs appearance? Really? This is so sad, and mind-blowing to me that it even exists!!!
Praying for you Kerser and your family!
Enough is enough! Nothing is ever black and white. To even not consider the true situation, and have automatic dismissal of the facts is totally wrong. All Australians need to stand up and fight what is happening to our pets. I am sorry. I just wish the authorities would just listen and understand the heart-ache they are putting people through. They just don’t seem to get it. Ohio in the USA is now reversing the law, realising it is unconstitutional, and not the breed, each case should be looked at individually. I am so sorry.
Awful awful awful, what is going on, they spend time and money killing a dog that is so obviously loved, what happened to common sense, take the gorgeous boy and run….
Anything that we can do to help please let me know, I know your pain, I am represented by Peter Walsh in my electorate, but used to live in Burwood. It is like banging your head against a brick wall, they are so ignorant and set in their minds that if it looks like a pit bull then it muyst be wiped out they are dog racists, nothing else for it, they are committing dog genocide of an entire breed because of their looks and sweeping up any breed that remotely looks like one, disgusting. Ring Monash Council NOW!!!!!
The only danger for this planet is humans, we destroy the planet every day, kill for money, sell drugs to innocent people, and nobody is punished, I pray for this innocent baby.
It’s not the breed that matters, but the quality of training the dog receives – why doesn’t the ‘powers that be’ concentrate on the bogan dog owners whose animals have no training and roam the streets. Two separate dog attacks on people in Qld this week!!!!!
Instead of killing Kerser why can’t he be adopted to a state that doesn’t have BSL at least then Jade could still be in contact with him. He hasn’t done really anything that bad to warrant being killed. We don’t kill murderers, child molesters so why should a dog be killed because of his looks. Stop genocide dog killing.
What an absolute disgrace. There are so many other possibilities, such as allowing Kerser to be adopted in a State where he is welcome, although ideally, he should be returned to his home.
Additionally, what an abominable waste of tax payers money on unnecessary legal arguments. I applaude Jade for taking this all the way, however find it head shakingly bizzare that it should need to come to this.
As stated Kerser is recognised as no threat. In this country, when did man’s best friend become demonised and a commodity for the amusement of humans (dog fighting)?
Law makers and politicians take a damned good look at yourselves. You are elected by the people, you can be cast out by the people. You SHOULD be cast out.
May your lives be haunted by the ill fate you have inflicted upon the animals you have arbitrated over and probably never stood in the presence of. Lastly, may your voluminous shelves of archaic law books collapse on your heads.
I can’t believe they would kill an animal because of the breed.He has done nothing wrong,so why kill him..
They need to wise-up and change things right now!!!Kerser is innocent,this breaks my heart that they would do something like this.Very sorry this has happen..
Kerser did not hurt anyone, neither did he show any aggression or have history of aggression. He is being put to death entirely over an issue with a document not being filled out – so fine the owner! Show how humane you are by turning this around and releasing Kerser but use this situation as an example to others that this is how tough you intend to be on people who do not get their dogs registered! Please – let him go home?
Jade, my heart and prayers, goes out to you. It would be a miscarriage of justice if the RSPCA carry out their act of “humanely” euthanizing your dog, for the crime of having escaped from your backyard, while you was in the process of getting your rotting fence just days after having moved into your home. There is nothing HUMANE about putting a healthy animal to death, especially if the dog hasn’t attacked or bitten anyone. Resembling a restrictive dog breed isn’t a reason to humanely euthanizing them.
The RSPCA’s actions compares to that of New York City’s Animal Care and Control, who have a reputation of euthanizing healthy and adoptable cats and dogs.
Shame on the RSPCA if they euthanize your dog.
Guilty until prove innocent? Really? What a crazy law!
Not even a chance to prove innocence – pre judged by looks alone
Dear Jade, I wish there was something I could do to help – my heart bleeds for you and your very loved dog, and I know that you have done everything in your power to get him released – would not the Australian SPCA help you in your fight, WSPCA or even CARE…….You still have a couple of days, so get cracking girl, demonstrate and make your last plea for him…..will be thinking of you and hope that I will hear that your appeal has been recognised.
kindest thought and loving prayers
Lyn
It is not these breeds of dogs that pose a dangerous risk, but the mindless ignorant people who rear and bring them up badly that make them dangerous in the first place! And it is this, that should be made an issue here, but sadly this seems to fall on deaf ears in areas that this practice still exists unfortunately! So in a way, my sympathy towards this lady should be a prioritised issue and she shouldn’t have to go through this painful harsh ordeal!
What a terrible shame. This is soooo cruel.
A dog is the reflection of its owner. The breed is not hardwired to be aggressive. A pitbull is strong breed and yes in the wrong hands can be dangerous however this is the same for any dog regardless of breed. This is a shame as this poor animal is undeserving of this.
I hope Jade can take some confort in knowing her dog was a beautiful soul and not one that has been exaggerated by the media.
It was originally bulldoggs, then rottys, now its pitbulls. The next generation will see a new breed to take the blame for humans missunderstanding of how to treat, care, train and respect animals.
Jade, Darwin Animal Rescue Group will gladly take Kerser for rehoming. Obviously this doesn’t solve the larger issue, that these laws are simply wrong, however if possible, this offer is available. Introduction of these laws in the NT would be fought vehemently.
My thoughts are with you and your beautiful boy at this time jade im so terribly sorry our lousy laws have caused you & him such grief & result in you both losing your best mate. SHAME TO VCAT & THE SUPREME COURT & A big finger to our state government for passing these laws in the first place more family pets than DANGEROUS DOGS are being destroyed as a result of your decision to introduce legislation we NEVER WANTED!
1. For those that do not understand, BSL stands for Breed Specific Legislation. This is a law that came into full in September 2011, here in Victoria, Australia. Under this law any dog that is unregistered and has been reported to the authorities in any manner, can and will be seized. Once seized, the council Animal Control Officers do a visual check of the dog using nothing more than a measuring tape and a guide supplied by The Department of Primary Industries. This guide has a 22 point check on it and depending on how many boxes are ticked, the dog is deemed “restricted”. Therefore, this law is no longer about breed but simply looks.In Victoria, restricted = death.
2. DNA, Temperament tests, nor pedigree papers assist or are eligible as evidence.
3. Kerser had done nothing that ANY normal dog would not do, he is in a new territory and has a need and want to explore it. He harmed no one, he was threatening to no one, he was condemned simply because of looks.
Jade, I have been following Kerser’s story right from the start as have many. I am so devastated by this ridiculous result. We shall continue the good fight and Kerser’s lost soul shall not be left in vain.
1. For those that do not understand, BSL stands for Breed Specific Legislation. This is a law that came into full in September 2011, here in Victoria, Australia. Under this law any dog that is unregistered and has been reported to the authorities in any manner, can and will be seized. Once seized, the council Animal Control Officers do a visual check of the dog using nothing more than a measuring tape and a guide supplied by The Department of Primary Industries. This guide has a 22 point check on it and depending on how many boxes are ticked, the dog is deemed “restricted”. Therefore, this law is no longer about breed but simply looks.In Victoria, restricted = death.
2. DNA, Temperament tests, nor pedigree papers assist or are eligible as evidence.
3. Kerser had done nothing that ANY normal dog would not do, he is in a new territory and has a need and want to explore it. He harmed no one, he was threatening to no one, he was condemned simply because of looks.
Jade, I have been following Kerser’s story right from the start as have many. I am so devastated by this ridiculous result. We shall continue the good fight and Kerser’s lost soul shall not be left in vain.
so sorry will pray for all ..
I would take the precious pup in a minute. If only you could get him to me, if they would let you have him back. My son has one she is the sweetest dog, and loves him so much. This is a cruely thing. My heart goes out to you, he’s part of your family. I’m so sorry.
I feel so sorry for you. What a terrible law this is. Move to the USA, where all you have to do is buy a license every year for you dog.. I was in Australia last year and had even thought of moving there but that would be something I would be working on petitions to get laws changed. Lots of Love.
This is horrible and unfair but the owner also let her dogs down by not registering Kerser (moving shortly is NOT an excuse) and allowing them to be in an insecure environment. There are ways to work within unfair BSL discrimination and it is up to every owner to find those ways so this will not happen to their animals. I am sorriest for Kerser and his companion as while BSL exists and the law allows dogs to be euthanised for their appearance, we must show their owners to be as law abiding, honest and as wonderful as our dogs.
This is absolutely tragic! I love this gentle breed. I don’t believe the dogs are born aggressive, it all depends on the guardian. No species on this planet is as aggressive and cruel as the human species! Strange how we can’t sort ourselves out but we’re sooo quick to decide whether another species will live and die. I am absolutely heartbroken about this story, however, I would never ever move to a city where they have this primitive law – particularly when I own a Pit myself.