"Public effort needed to help spring Brindi"

Letters to the Editor (The Cape Breton Post)

Published on April 23rd, 2010

When the people who are supposed to protect animals from abuse become the abusers, there is little or no hope for Brindi’s reprieve.

We let pedophiles back out into society, convicted murderers out on day passes, yet there is no compassion for Brindi.

This animal has served more than her fair share of time – kept in confinement, deprived of her owner’s love, and for what? All in the hope of this animal showing aggression and in hope of breaking her spirit to ease the guilty conscious of people involved in this.

Lawyers, judges, animal control people are all in a power play, intent on getting their own way at Brindi’s expense.

People sometimes, in the heat of the moment, make a wrong decision, so why do we expect so much from poor Brindi? She deserves a second chance.

People, step up; Brindi needs you. This could easily be your pet next time.

Brindi was doing what dogs do every day. I think we have a few animal haters in the mix. Please save Brindi.

Marion Brenda Jardine
North Sydney

Text of statement from next-door neighbor Melody Clark, submitted to court

This was also submitted to the court on April 16. 

AFFIDAVIT OF MELODY CLARK

I, Melody Clark, of East Chezzetcook, Nova Scotia, make oath and say as follows:

1.              I live next door to Ms. Francesca Rogier, at 768 East Chezzetcook Road, with my husband Perry Clark and our children, ranging in ages 4 to 15,

2.              I have personal knowledge of the evidence affirmed in this affidavit except where otherwise stated to be based on information or belief.

3.              I became acquainted with Ms. Rogier when she moved into her home in March 2006 with her dog, Howard, a large well-behaved collie/setter mix.  

4.              Ms. Rogier took excellent care of Howard and was always in control of her dog.

5.              Howard died in or about September 2007.

6.              Ms. Rogier obtained another dog, Brindi, a shepherd/lab/rottweiler mixed breed, in June 2007.

7.              I have observed Ms. Rogier and Brindi many times since her adoption, including in my home and in my yard.

8.              I have also observed Ms. Rogier and Brindi with our children and found her to be gentle and calm and my children liked her and were never afraid of her.

9.              It was clear to me that Ms. Rogier did all she could to properly socialize Brindi and take good care of her in general.

10.           On Christmas day 2007, our daughter was visiting us with her dog.  Ms. Rogier stopped by with Brindi to greet us and found my daughter and me in our shed with her dog.

11.           Upon the dogs seeing each other, they began to bark.  Ms. Rogier suggested we bring them both outside to allow them to get properly acquainted on neutral territory, which we did.

12.           The barking ceased and the dogs became friendly with one another and began playing (as dogs do) on our property for some time. 

13.           Whenever Brindi was inside our home, she was calm and gentle around all people, including small children, and remained under Ms. Rogier’s care and control.

14.           On one occasion our infant grandson even petted Brindi without incident. Brindi did not even lick my grandson’s face or hands.   

15.           Brindi has never caused harm to me or to any member of my family.

16.           My family has owned dogs in the past, and I do not regard Brindi as an aggressive dog.

17.           I am aware and have personally observed that Ms. Rogier’s home is under construction. I have personal knowledge that Ms. Rogier has built a 5’ high fenced enclosure in her backyard attached to the rear entrance of the house as a dog run. It is 8’ wide and extends over 60 feet.

18.           The fence was built by Ms. Rogier in 2008 shortly after Brindi was taken by HRM Animal Control Officers subsequent to a report alleging an attack on a dog.

19.           Ms. Rogier has also protected her front entrance with a wire mesh gate.

20.           In my opinion, both the gate and the enclosure are of sufficiently strong construction to prevent any further incidents with Brindi and will keep Brindi from escaping her property.

21.           I am confident that Ms. Rogier cares very much about public safety and the welfare of all dogs as well as her own.

22.           It is my belief that Brindi should be returned to her owner, in compliance with all HRM regulations and conditions.

                                              

MELODY CLARK

                                                                                               

Text of statement from next-door neighbor submitted to court

Neighbor's statement:

AFFIDAVIT OF PERRY CLARK

I, Perry Clark, of East Chezzetcook, Nova Scotia, make oath and say as follows:

1.              I live next door to Ms. Francesca Rogier, at 768 East Chezzetcook Road, with my wife Melody Clark and our five children, ranging in ages 4 to 15. We also have three elder children who do not live with us.

2.              I have personal knowledge of the evidence affirmed in this affidavit except where otherwise stated to be based on information or belief.

3.              I became acquainted with Ms. Rogier when she moved into her home in March 2006, and I also knew her dog, Howard, a large well-behaved collie/setter mix.

4.              Ms. Rogier took excellent care of Howard and was always in care and control of her dog.

5.              Following Howard’s death in September 2006, Ms. Rogier obtained another dog, Brindi, a shepherd/lab/rottweiler mixed breed, in June 2007.

6.              I have seen Ms. Rogier and Brindi many times and have observed them in our home and on our property on several occasions with our children present, and my children were never afraid of Brindi and liked her very much.

7.              I have personally observed Ms. Rogier caring and controlling her dog and properly caring for Brindi, including making efforts to socialize her.   

8.              Whenever Brindi was inside our home, her behavior was calm and gentle, even around small children, and at all times she remained under Ms. Rogier’s care owner’s control.

9.              On Christmas Day of 2007, I observed Brindi letting our infant grandson crawl over to pet her, remaining still without moving towards him or even licking his face or hands.

10.           During the early summer of 2008, Brindi and Ms. Rogier accompanied my daughter Kayla and myself on a boat trip out to the Chezzetcook Inlet where we all went clamming for several hours, and throughout the day, Brindi was well-behaved; she very still and quiet in the boat during the trip and obeyed her owner’s commands throughout the day.

11.           Brindi has never caused harm to me or any member of my family.

12.           My family has owned many dogs in the past, and based on my experience, I do not regard Brindi as an aggressive dog.

13.           I am aware that Ms. Rogier’s home is undergoing major renovations that prevent her from constructi ng a perimeter fence at this time; however, her plans state that on completion of the new foundation, she will construct such a fence, which I am confident she will do.

14.           As an interim measure, in the fall of 2008 Ms. Rogier built a 5’ high fenced enclosure to serve as a secure dog run in her backyard that is attached to the rear entrance of the house, 8’ wide and extends over 60 feet.

15.           Ms. Rogier has also protected her front entrance ramp with a wire mesh gate.

16.           In my opinion, both the gate and the enclosure are of sufficiently strong construction to prevent her dog from escaping accidentally.

17.           I firmly believe that Ms. Rogier cares very much about public safety and the welfare of all dogs as well as her own.

18.           I am satisfied that Ms. Rogier will continue to comply with all HRM regulations and conditions.

19.           In my opinion, Brindi should be returned to Ms. Rogier. 

 PERRY CLARK 

This was signed and submitted to the court yesterday, April 16, 2010. The judge entered it into evidence without being sworn, with the consent of the Crown, who also waived the right to cross-examine. Therefore it was accepted as valid and authenticated.