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Judge: No moral blame for Kumar’s dogs biting boy playing in own yard

Judge: No moral blame for Kumar’s dogs biting boy playing in own yard
Director of the Fiji Meteorological Services, Ravind Kumar
February 14
11:00 2018

He was charged with one count each for failing to muzzle dangerous dog, and dog attacking a person.

The director of the Fiji Mete­orological Services, Ravind Kumar, 52, won his appeal on Monday after the High Court Jus­tice Paul Madigan ruled that the case was not suitable to warrant a conviction.

Kumar was charged with one count each of failing to muzzle dan­gerous dog and dog attacking a per­son which he pleaded guilty to on April 18, 2017.

Justice Madigan said there was no moral blame on Kumar because he was not present at the time of the accident and his wife had done eve­rything she could to make things better.

“This is an entirely suitable case for a conviction not to be recorded in terms of the Chief Justice’s judgment in Batiratu (supra) and pursuant to Section 45(1) of the Sentencing and Penalties Act 2009 this Court dismisses the charges and does not record any convic­tion,” Justice Madigan said.

The court was also ordered to re­fund any fine paid by Kumar.

The learned magistrate had con­victed the accused on both counts and stated that she would consider Kumar’s service to the nation and his clear record as mitigation.

In his mitigation, Kumar submit­ted that he is married with two children, has a clear record in his 30-years of public service and had saved many lives in times of cy­clone and other weather related disasters.

On July 26, 2016 at about 6pm at Waqadra in Nadi, a five-year-old boy was playing inside the family’s compound when he was attacked by Kumar’s dogs that had entered the boy’s family compound.

After biting the boy, the dogs ran out of the boy’s family compound when Kumar’s wife came running out of her house after she heard the boy’s mother shouting.

Kumar’s wife saw that part of their front gate was open.

She then helped take the boy and his mother to the hospital. Injuries found were lacerations and a large gaping wound on the boy’s scalp.

Edited by Naisa Koroi

Feedback: fonua.talei@fijisun.com.fj

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