The hunter shot a dog. The owner reached his condemnation after years, eventually liberated it
He shot a former police officer.
BRATISLAVA. In July it will be eight years since hunter Ján Jonis in the field near Zlaté Moravce shot a foreign dog. He claimed that the animal was going to attack it, and he only resisted.
The owner of the Vlčiak Roman Hindický had a different version, according to him, the hunter shot at his Asta for no reason.
Similar disputes between hunters and dog owners are common. Minister of Agriculture Richard Takáč of Direction He recently submitted an amendment to the Hunting Act, which would, among other things, tighten the rules for dogs. After criticism he withdrew her, saying he wanted to negotiate about it.
The owner of the shot Asta turned to the police. The case was dealt with by several media. The investigation was stretched. Only in June last year the District Court in Nitra Jonis found guilty of the offense of animal abuse.
This is no longer the case. The case is lawfully concluded in favor of the hunter.
Hunter on the dog fired from the shotgun on July 7, 2017 around eighth Morning in the cadastre of the village of Hostie. At least one shot penetrated into his thoracic cavity, broke the thoracic wall and caused pneumothorax. The dog stopped working the left side of the lungs, began to suffocate and bleed. He died about an hour by half.
Last walk
With a seven -year -old Asta and her puppy, he was on a walk through the owners of Uncle. He let them go to run. He lost them out of sight for a while, not returning.
Then a car in which a hunter sat. He claimed that he was attacked by a dog and therefore fired at him.
The police first closed the case as an offense. Hindic filed a second criminal complaint for the abuse of the animal. The investigator in Nitra dismissed him.
After the complaint, the prosecutor’s office reopened the case and began to deal with the environmental department at the Police Presidium in Bratislava. They even had the dog’s body exhuman.
However, the most important evidence, according to the lawyer’s lawyer Petr Kovařík was an X -ray image that was taken at a time when Asta was still living. She showed that the hunter used shotgun ammunition to small birds, which must not be.
« The dog was suffocated, he was wondering, » said Kovařík last year, who is also a former police President.
Shot a dog. Hunter and Expolicon condemned the Nitra Court for animal cruelty Read
The court after four years
The case did not reach the court only in September 2021, four years after committing the act. The verdict fell in June last year. Hunter Jonis acknowledged the court guilty that he was wiped by the animal in the place accessible to the public. He ordered him a fine of EUR 500.
The course of proceedings in the courts was set up on the basis of written justifies of verdicts.
The defendant hunter Jonis at the District Court testified that on a critical day he and his wife went to the village by car at the purchase of the purchase. When they returned, they saw in the field of two dogs freely.
According to Jonis, the dogs seemed to scrub something. He went home, took the shotgun and followed them. In the book of entry into the district he wrote a note: « Baby two dogs, one wolfdog, one bastard. »
According to Jonis, the dogs were no longer in place, so he went to look for them. When he saw them again, « they ran with a low nose, which means they distributed ». He shouted « hey », according to him, the bitch ran with his teeth with a nozzle to the hunter. They fired one blow, the bitch fell. Then she got up and ran to the village.
The court had no doubt
At the veterinarian they took an X -ray image. She showed that the dog had shot in it and could not be helped. He died there.
Several witnesses, including experts, testified in the court. Veterinarian Pavol Seman, who also performed the dog’s exhumation, said that there are 15 shots in X -ray images.
One was at the rib, the other at the shoulder joint, scoop and neck. All of them were on the left side of the body, although the hunter claimed that the dog was running directly on the attack. « Obviously, the dog was fired from a greater distance, » the expert said.
Last June, the Nitra District Court wrote that he had no doubt that the act had happened and committed it by the defendant.
According to the court, the defense of the hunter that the dog was attacking him was refuted. « The dog was shot from the side and not from the front, » said Judge Beata Polyak.
Jonis’s testimony also showed that he had the intention to shoot, when he went home on the way from the purchase. He did not shoot into the air first, which could scare the dog.
Even as a member of the hunting guard, Jonis had no right to shoot at a dog near the village. The results of the investigation showed that this happened approximately 85 meters from the last construction.
Everything is different
The hunter is against the judgment He appealed to the Regional Court and succeeded. The Senate composed of chairman Štefan Hrvol and judges Ingrid Kišiacová and Zity Matyóová decided in February.
In court, Jonis argued that the Court of First Instance only evaluated the evidence formally, which is typical of the Inquisition Process.
Finally, the Court of Appeal ruled that the Court of First Instance did not assess the evidence consistently. According to the court, « immense importance » was of the exact finding of the place where the act occurred. The statement that the hunter shot approximately 85 meters from the last building in the village was described as unfounded.
The Court pointed out the Hunting Act, according to which a member of the Hunting Guard is entitled to kill a free -moving dog in the district of more than 200 meters from the nearest building construction.
« It was necessary to find out the exact place in the pre -trial procedure where the defendant was to shoot. »
Uninvited guilt
Furthermore, the court drew attention to the obligation of the owner to mark the dog with a collar in a distinctive color, different from the color of the coat. Whether and what collar the dog had, according to the court, was not clearly proven in the investigation.
The police did not provide the collar at the beginning. The dog was buried with him and after his exhumation it was no longer possible to find out what color was originally.
The Court pointed out the legal principle that « unproven guilt has the same consequences as proven innocence ».
According to the court, the question is also whether one shot could have been wiped by the dog’s hunter, which was the qualification of the offense he was to commit.
The verdict of the regional court is the case lawfully concluded. The last option would be to file an extraordinary appeal to the Supreme Court. The owner of the dog Hindic no longer plan.
Takáčova novel
Dogs released freely can shoot hunters today if they move away from the owner more than 50 meters. Minister Takáč in the postponed draft amendment counted with a complete ban on the free movement of dogs in hunting districts.
He also intended to cancel another limit for shooting dogs, which played an essential role in the ASTA case – at least 200 meters from the nearest building.
Hunters argue that freely released dogs cause problems in the woods. Flashing animals, attack strangers.
