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Calling it a most serious case of its kind, a Calgary judge on Monday ordered a city dog owner to pay $18,000 in fines and surcharges in connection with a deadly attack by his canines.
Justice Gord Wong also ordered Denis Bagaric to be prohibited from owning any pets for the next 15 years, saying he might have made it longer if the city asked for it.
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“It doesn’t get any more serious than what happened here,” Wong said, in finding a message needed to be sent to dog owners about the danger of letting them loose and allowing them to attack people.
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Bagaric had earlier pleaded guilty to two charges of allowing an animal to attack a person causing severe injury and allowing his three American Staffordshires to run at large under the Responsible Pet Ownership bylaw.
Defence counsel Rabie Ahmed had argued a prohibition on Bagaric owning pets would simply be punitive and unnecessary for his client, whom he called a responsible dog owner.
But Wong disagreed with both the suggestion a ban would only be an additional punishment and that Bagaric was a responsible owner.
“The law is clear that general deterrence and denunciation is of particular importance,” the Calgary Court of Justice judge said.
“A prohibition from owning an animal can contribute to general deterrence and isn’t only punitive.”
City prosecutor Ben Leung had sought a prohibition of 10 to 15 years, submitting if Wong found all three of Bagaric’s dogs were involved in a deadly June 5, 2022, attack on Betty Ann (Rusty) Williams that the longer period was warranted.
But Wong said regardless of whether it was just one dog or all three the 15-year prohibition was warranted.
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“Defence suggests the accused is a responsible pet owner. I disagree with that,” Wong said.
“All three (of Bagaric’s dogs) represent a danger to the community.”
Wong noted evidence from a neighbour showed all three dogs surrounded Williams, 86, and bit her during the attack in an alley behind 1516 21 Ave. N.W. after the animals escaped Bagaric’s fended and gated backyard.
“When a person tried to come to come to the aid of Ms. Williams two of these dogs confronted her, forcing her to back away,” he said.
The judge said Bagaric, who is still fighting a city application to have the remaining two dogs euthanized, would have known from the outset that all three present a danger.
“To take no steps to have all three euthanized immediately is irresponsible,” Wong said.
Wong accepted a joint submission from Leung and Ahmed for fines totalling $15,000 and added a 20% victim surcharge, bringing the total to $18,000.
Leung asked the judge to order the remaining two dogs euthanized under the Dangerous Dog Act (Bagaric agreed to the destruction of one of the canines in February), but Wong said he would leave that to another court.
A date for a hearing to have the animals put down will be set next week.
X: @KMartinCourts
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