|
AUKLAND (New Zealand) — He
said that the dog was careless. She said that the dog
pulled her back just in time.
In Auckland District Court this week, Judge John MacDonald heard
both testimonies from Police sergeant William Paul McKenzie, 57, and
Ms. Gillian Walker, 43, regarding the infamous case of the
car-crash-causing canine (see Scoop Jan. 13 article: "Policeman
Charges Lab with Jaywalking"). Yesterday, after a
two-day hearing, Judge MacDonald ruled in favor of the dog.
On January 23, 2001, Sgt. McKenzie, a respected officer of the
North Shore Police, was off-duty and driving his vehicle when he
accidentally sideswiped Ms. Walker in a pedestrian crosswalk at the
intersection of Hammond Place and Birkenhead Avenue in
Birkenhead. Ms. Walker, a sports therapist who is blind,
suffered several injuries including a leg broken in three places.
Somehow, blame was aimed at "Fletcher" the woman's guide
dog of nine years. In January of this year, the officer's
attorney Ron Mansfield, made the outrageous statement: "It is
quite possible the dog was careless ... Mr. McKenzie was lawfully
entitled to expect Ms Walker to give way to his moving vehicle."
The allegation raised the arguable issue of a guide dog's legal
obligation to "intelligent disobedience": refusing to obey a
command, such as crossing the street, if it is unsafe to execute (to
see Scoop Senior Editor Wags's idea of "intelligent
disobedience", click
here).
|
But last week, the court heard a very different story from Ms. Walker.
"If other dogs have six senses he's got seven," the woman
said, praising Fletcher's intuitive abilities. The Yellow Lab had
actually saved her from a fate much worse than a broken leg, she told
Judge MacDonald. Fletcher pulled her back just before the accident.
On Friday, Judge MacKenzie ruled in favor of Fletcher and Ms. Walker,
noting that Sgt. McKenzie's momentary inattention amounted to careless
driving and that the officer did not properly scan the crosswalk before
proceeding. He ordered that $1000 of Sgt. McKenzie's fine of $1250
should go to Ms. Walker and added that the intersection has
"undesirable features" and is to be upgraded by the North Shore
City Council.
 Although
Fletcher may not have understood exactly what transpired in the courtroom,
he's more than able to interpret the world for Ms. Walker through his eyes
and expert senses.
"It's just wonderful to think that guide dogs like Fletcher can
give people like me a life of independence, freedom and adventure,"
says Ms. Walker.
"He's the hero. He can now retire with dignity."
§§§
Headlines
Prev  Next
|
