Aspen, the husky who killed a chicken and guinea pig, euthanised after year-long court battle – Stuff

A familys beloved Husky lies dead in a black bag in their freezer, surrounded by milk and sausages, after the council euthanised the animal.

The dog was the subject of a year-long protracted court battle that went all the way to the Supreme Court, which rejected the familys Hail Mary appeal.

Alexandra Johnston/Supplied

Husky dog Aspen was euthanised by Auckland Council after owner Alexandra Johnston went to court in a bid to save the dog.

The dog, Aspen, was ordered euthanised by the council after it killed a chicken and a guinea pig when it escaped from its owner on a walk in May 2019 in Aucklands Torbay.

Owner Alexandra Johnston is struggling to say goodbye to Aspen and has kept him in her chest freezer since he was returned on Saturday.

Aspen was re-homed and became her sons pet in 2017. The dog was five years old when he was euthanised.

RICKY WILSON/Stuff

Alexandra Johnston with a picture of her late dog Aspen.

I dont know what to do with him, she told Stuff through tears.

READ MORE:* Supreme Court rejects Auckland woman's appeal to save chicken-killing husky* Auckland woman takes fight to save chicken-killing husky to Court of Appeal* Owners lose High Court appeal to save husky that killed chicken and guinea pig

Johnston said Aspen was returned on Saturday in a zip-tied black rubbish bag. A note with Aspens name and hand-drawn love hearts was attached.

The North Shore resident was shocked to see her beloved dog dead in the black bag.

Cian Johnston/Supplied

Aspen, the Johnstons beloved pet husky, was destroyed following a court order.

I dont know what I expected, I thought he would be lying there on a blanket.

You killed my dog and youre sending me hearts? she asked.

Johnston hadnt seen Aspen for over a year while he was impounded in Silverdale Animal Shelter and now was struggling to part with him.

Alexandra Johnston/Supplied

Aspen with his owner Cian Johnston.

I think hes going to stay in my freezer for a long time, she said.

Auckland Councis James Hassall said the black freezer bag was standard practice following euthanasia, because Aspen was stored in a freezer.

Dogs are only returned to their owners following euthanasia when that is specifically requested.

As Aspen had been in our care for some time. Naturally, the shelter staff who cared for him had formed an attachment with the dog and wanted to send their condolences to the family, he said.

RICKY WILSON/Stuff

Alexandra Johnston with son Cian and a photo of the husky Aspen.

Johnson tried to save Aspen by fighting through the court system, but lost at every turn.

She represented herself after one law firm told her it would cost around $50,000 and they would certainly lose.

Section 57 of the Dog Control Act states if a dog attacks a person or an animal the court "must" order the dog be destroyed, unless there are exceptional circumstances.

Alexandra Johnston/Stuff

Aspen loved going for walks along Torbays beaches.

Brent Tustin, an owner of the house where the guinea pig was killed, said the situation was sad.

Its a shame that this is the outcome, we would have preferred re-homing Aspen with an experienced dog handler, he said.

Johnston and her husband, Graham, were convicted last April of owning a dog that attacked two domestic animals.

They were ordered to pay $150 to the owners of the chicken and the owner of the guinea pig and were also fined $750.

Now the family is barred by the council from owning another dog until May 2023.

Johnston and her son were also trespassed from the Silverdale Animal Shelter after they became abusive towards staff when they werent allowed to visit Aspen.

The council doesnt let impounded dog owners visit their animals, for the health and safety of our staff, but also because it can cause confusion and distress for the animal.

While we understand that this can be upsetting for the owners, the decision is made with the best interests of our staff and the dog in mind, Elly Waitoa, manager animal management at Auckland Council, said.

While we understand that this has been a distressing time for Aspens family and our thoughts are with them, equally we must protect our staff from this type of behaviour, a spokeswoman said.

In the application to the Supreme Court, Johnston and her husband said they wanted a number of questions answered in regard to section 57 of the Dog Act.

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Aspen, the husky who killed a chicken and guinea pig, euthanised after year-long court battle - Stuff