Protecting my brother: Why teen kicked a police dog
A TEENAGER woken by her brother's screams at 4am ran outside to find him being attacked by a dog.
The young woman claimed her instincts then took over, as she kicked Police Dog Cozza in an effort to protect her brother, Ipswich Magistrates Court heard on Thursday.
Georgette Kalumbwa, 19, from Redbank Plains, pleaded guilty to injuring PD Cozza at Redbank Plains on December 5, 2019.
A charge of serious assault/resist/obstruct a police officer was withdrawn and dismissed when Kalumbwa appeared before Magistrate Donna MacCallum on Thursday.
A co-accused, Herry Abwe, 21, pleaded guilty to assaulting a police officer at Redbank Plains on December 5 last year.
A charge of injuring the police dog was withdrawn and dismissed.
In agreed facts presented by Prosecutor Sergeant Chris O'Neill, a male senior constable was tasked to attend School Rd at Redbank Plains at 3.50am in relation to an alleged robbery with violence where a man had been assaulted by a group of four people, who had attempted to steal his car.
The officer and PD Cozza began tracking along School Road and into Killarney Ct where four people were seen.
The officer told the people to get on the ground, saying several times: "Police Dog Squad, get on the ground".
Two males stopped and were taken into custody but a female and a male ran off.
PD Cozza tracked a male down a track and over into a rear fence of Branxton Ct and a male was seen hiding behind a shed in the rear yard.
The male ran to the rear door of the house and PD Cozza apprehended him with a controlled bite to his left arm.
People ran out from the house and Georgette Kalumbwa kicked PD Cozza in his body, the court heard.
Police allege a male person then began striking the dog's head and body with a metal pole.
Herry Abwe arrived and "lashed out with his right fist" to strike the senior constable to his head.
The officer removed PD Cozza from the male who received the dog bite and retreated.
More police arrived on the scene and spoke to the people, who were later charged.
Defence barrister Cecelia Bernard said Ms Kalumbwa arrived in Australia two years ago having been raised in a refugee camp.
"There are 10 people living at her home. She instructs that she cooks, cleans and takes care of the family," Ms Bernard said.
"The offending occurred in peculiar circumstances.
"She was asleep around 4am when she heard the sounds of her brother screaming.
"She sees a dog has bitten her brother.
"There was not much time to think about what was happening.
"She did not set out to assault the animal.
"Ms Kalumbwa kicked the police dog having just woken up."
Defence barrister Christopher Hughes said Abwe was born and raised in a Tanzanian refugee camp and arrived here in 2018.
He had no criminal history and the offence occurred in very unusual circumstances.
Magistrate MacCallum said Kalumbwa that night made an instinctive reaction in her behaviour to the police dog, rather than being deliberate, or cruel.
"I note your background and experiences in a refugee camp, experiencing a lot of difficulties, then coming to a new a country," she said.
Kalumbwa was put on a $400 good behaviour bond for six months. No conviction was recorded.
Abwe received a $600 bond for 12 months, also with no conviction recorded.
"Thank you," Abwe said to the magistrate.
A third co-accused, Kalumbwa Rashidi, 44, was charged with injuring PD Cozza on December 5 last year; and serious assault/resist/obstruct a police officer.
No pleas were made with Rashidi's case adjourned to January 29 next year.
Two charges against Mrs Walengamina Shabani, 42, from Collingwood Park, were also withdrawn and dismissed when she appeared before another magistrate earlier on Thursday.