A recently published provincial court decision describes the 2020 incident in which a Staffordshire terrier mix named Rousey allegedly mauled and bit a woman’s young son. The dog’s owner was charged with violating the City of Vancouver’s animal control regulations. Kevin Lam met a friend in New Brighton Park where the pair were playing with their dogs, the court heard. Lam admitted his dog was off-leash, which is not allowed in the park, but which Lam said in his evidence he was unaware of at the time.
THE DOG
Rousey, at the time, was about two and a half months old and weighed 22 pounds. The puppy was described by Lam as a playful, energetic young animal who had never shown aggression at home and coexisted peacefully and amicably with Mr Lam’s 86-year-old grandmother and his two young cousins, aged four and six,” the decision reads. . Judge Zahid Makhdoom said he was never shown any pictures of the dog. “Unlike most other ‘dog cases,’ where photos of dogs are proudly shared by their adoring owners or, dutifully, by the city, I was not shown any photos of Rousey. Although I heard a lot about her character and behavior, The appearance remained largely a mystery!’ he wrote in his decision. However, he noted that Rousey’s breed resembles a pit bull, “a breed that doesn’t enjoy a lot of public affection and trust.” While the City of Vancouver does not ban these dogs or have regulations specific to the breed, jurisdictions with pit bull bans also ban Staffordshire terriers.
THE HAPPENING
While Lam and his friend played with the off-leash dogs, two mums with their toddlers were also enjoying an afternoon at the park, the court heard. Sarah Matthee was with her 14-month-old son Grayson and Stephanie Albrecht had her daughter Elliott, the couple had met to enjoy some socially distanced company and fresh air amid ongoing COVID-19 restrictions. “As soon as they noticed two small children, the dogs turned towards them. Both mothers shouted for their owners to be put on a leash,” the court heard. Matthee said Rousey lunged at her son, “hitting him and then ‘attacked’ his face” and that she later noticed “small bite marks on his cheek and some swelling around the eye,” according to the judge . Lam and his friend leashed their dogs, but the police were eventually called. No one was arrested, but an animal control officer attended, taking statements from both Lam and Mathie. That day, after her husband came and met her at the park, Matthee took Grayson to BC Children’s Hospital.
THE EVIDENCE
Makhdoom said Matthhee’s fear and distress in the circumstances was understandable. “A rabid, high-energy, pit bull-like dog pounces on an unruly toddler and allegedly pounces on that toddler, putting his open mouth in the toddler’s face. Or so it seemed to his mother. A such a scenario would likely terrify anyone let alone the mother of this little one,” he wrote. “As she pleaded loudly with Lam and Isaac to leash their dogs, she reminded them that it was a leashed park. Her fears came true when Grayson fell. She admitted to being very upset, almost hysterical. Grayson was crying inconsolably. In meanwhile, the dogs had also commandeered little Elliot’s doll.” But the judge also said there were many inconsistencies in Matthee’s testimony and that the medical evidence provided did not show an injury. The report from the BC Children’s Hospital emergency department, court heard, noted “two tiny dots” on the child’s face with no blood or broken skin and described the toddler as smiling and running. The judge found Lam’s evidence consistent and credible.
THE VERDICT
The judge found that there was insufficient evidence to support the allegation that the child was attacked by the dog. “Considering all the evidence before me, I am inclined to accept that no injury was caused to Grayson. Rousey and her companion (dog) were not interested in playing with the children. They were quite content to play ball . . . sharp pursuit of a ball that may have landed near Grayson,” he said in his ruling, acknowledging that there may have been some contact between the two, but saying there was reasonable doubt whether that contact did not qualify as an assault. . “Rousey’s actions and Grayson’s subsequent medical condition show that Rousey attacked with force to get her ball, not Grayson. Little Grayson was just there.” Lam was also charged with failing to register his dog as required by the city. The judge found him guilty of this, saying he did not get a license for the dog until October 2020.
