THE failure of a dog owner to escape a council fine by appealing to the Supreme Court highlights why people should not represent themselves, a judge said.
County Court judge Frank Gucciardo made the observation in striking out an appeal by Wodonga corgi owner Jeffrey Sill, who in 2015 was fined $289 and ordered to pay costs of $114.80 by a magistrate for having an unregistered dog.
Mr Sill had appealed the decision to the County Court and then the Supreme Court where in October last year Justice Tim Ginnane rejected his argument that the fine was unconstitutional.
Mr Sill said the Supreme Court was invalid, the state governor illegitimate and councils unconstitutional.
Judge Gucciardo noted “these are arguments that are often articulated among like-minded individuals”.
“They communicate with each other in terms of these arguments and it fortifies my strongly held view that we should not allow people to appear unrepresented,” he said.
“Often a lot of these arguments are without merit.”
Prosecutor Andy Moore remarked litigants such as Mr Sill frequently did not want to have a lawyer.
“They want the stage to themselves to promulgate their views,” Mr Moore said.
Mr Sill did not attend Wednesday’s hearing where his appeal was struck out.
The decision means Mr Sill is required to pay the original penalty imposed by the magistrate.
He is also liable to pay $9000 in legal costs incurred by the Wodonga Council for the Supreme Court action.
The council’s director of business services Trevor Ierino confirmed Mr Sill would be pursued for costs.
“The council will, in according with the court’s rulings, seek to redress costs associated with court cases so such action is not a burden on those in the community who do the right thing,” Mr Ierino said.
“It is the responsibility of everyone to pay rates and registrations to ensure our community can live in a safe city and enjoy a range of services.
“Wodonga Council urges all pet owners to be responsible and register their pets each year so that council can provide animal management services including rangers, collecting and returning pets, dealing with dangerous and restricted dogs and investigating disputes.”
