TO: Geoff Newton, Prosecutor
Newton & Associates
192 Wyse Road
Dartmouth, Nova Scotia B3A 1M9
January 28, 2010
- WITHOUT PREJUDICE -
Re: R. v. Rogier, Case #1999882
Dartmouth Provincial Court
January 29, 9:30 am Courtroom #5
Dear Mr. Newton:
Prior to the resumption of the trial, I would like to take this opportunity to restate my position with regard to a possible change of plea and a resolution of the above matter.
This is in relation to the offer that I originally made in the fall of 2008 to HRM Animal Services, for the return of my dog, Brindi, shortly after she was seized.
In August of 2008, I proposed to undertake the following measures, which I believe to be reasonable and sufficient to satisfy the public interest:
1. Pay fines as determined by HRM and/or the Court
2. Erect a secure fenced enclosure and gated exits
3. Engage a private trainer to correct Brindi’s behavioral issue
4. Continue to comply with the muzzle order
Soon after making this offer, I went ahead and constructed a secure fenced enclosure, 5’ high and about sixty feet long, that is attached to the rear ramp, and I also added a gate to the front ramp. I took these measures in order to demonstrate that I am serious about my commitment to public safety. The ramps connect from the ground to my house, which is suspended on piers in anticipation of a new foundation. I gave photos of these areas to Joshua Judah in May of 2009, in person, at the courthouse. I informed him at the time that I am willing to allow a agent of HRM to inspect the fence, and make improvements on demand. I also informed him that it had been my plan, prior to the seizure, to construct a permanent fence at my property boundary after work on my house, i.e., new foundation, is complete.
In April 2009, Tanya Jones, acting as my counsel, restated this offer to Mr. Judah by phone, informing him that I had engaged an expert dog trainer, Ted Efthymiadis, who was willing to work with Brindi. A letter from Mr. Efthymiadis attesting to this fact, and his credentials, were provided to Mr. Judah. Attempts to meet with the latter unfortunately were not successful. Earlier, in August 2008 and October 2008, at my request, two meetings were set up with Animal Services officials so that I could present and discuss this offer with them, but at the last minute they declined to appear. Efforts to reschedule were not successful. All along, I have made the offer public via my blog, and both my counsel and I brought it up on various other occasions with Kishan Persaud.
I believe my proposal is reasonable and will satisfy the public interest. If the Crown is willing to accept it, the matter could resolved immediately, without the need of further court time and confinement of my dog, Brindi.
cc Dartmouth Provincial Court Administration