Charge dismissed over missing paper

Dog squad chief Sergeant Ian Grigoris and Quattro.
Dog squad chief Sergeant Ian Grigoris and Quattro. Supplied

A MISSING piece of seemingly pointless paper proved to be crucial yesterday as one of the Fraser Coast's most high profile criminal cases was thrown out of court.

Hervey Bay teenager Tiam Joshua Fisher was released and his charges of attempting to kill a police dog and obstruction of an officer dismissed on a technicality.

The charges had stemmed from an event in May this year when the 17-year-old was accused of fleeing from the district's dog squad chief Sergeant Ian Grigoris and attempting to drown the officer's police dog Quattro during a struggle in a nearby creek.

A two-month adjournment had followed part one of the trial, which came to a halt when defence lawyer Trinity McGarvie suggested that the prosecution's failure to produce a document proving Quattro was in fact a police dog had left their case fatally flawed.

She said recent law reforms made it vital for the prosecution to produce the documentation.

The tension was palpable in the hours leading up to the controversial decision as Police Prosecutor Kath Stagoll tried in vain to convince Magistrate Graeme Tatnell the document was not necessary.

The frustration was clear on the seasoned officer's face as Mr Tatnell explained that while he had no doubt Quatro was a police dog and Sgt Grigoris his handler, the prosecution had failed to place that evidence before the court.

He later added a little more pain when he riled the obstruction charge also be dismissed on the grounds that while he accepted Sgt Grigoris's evidence that he had yelled out for Fisher to stop running, it was not clear the teenager had heard the command.

Mr Fisher will front court again next month on several charges including assault.

Topics:  charges trial

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