Dog bite case: lawyer quizzed on interview

The Ballarat Magistrates Court has heard Moorabool Shire Council prosecutors, leading a case where a seven-year-old girl was allegedly mauled by the family dog, did not record an audio interview with the victim. 

It comes despite prosecution case informant Lisa Handley confirming all of the accused interviews had been recorded on audio tape on July 1 last year. 

Denise, Anthony and Stuart Wilson are each charged with offences relating to injury caused by dog bite for the incident that allegedly occurred last June 22. 

On day two of proceedings, defence lawyer Phil Brown argued council’s prosecutors had failed to record an audio interview with one of their key witnesses at her Bacchus Marsh home on August 9 last year. 

Before magistrate Peter Mithen yesterday, Mr Brown called the prosecution’s instructing solicitor, Matthew Sherwell, to the stand. 

Mr Sherwell, who is employed by Maddocks Lawyers, told the court he did not use a recording device during the interview because he did not want to create an “undue traumatic experience” for the victim. 



When Mr Brown asked Mr Sherwell whether he had any specialist training in interviewing young children the age of the victim, he said he had not. Mr Sherwell said he was satisfied with the interview and had recorded the interview in his notes and in an email to Ms Handley. 

The girl was allegedly bitten in the face by Kelpie “Mack” on her grandparents’ Balliang property. 

The hearing  resumes in the Ballarat Magistrates Court on April 29.