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.