/ 29 November 2004

Judge sniffs at dog assault claim

Rocky the sniffer dog and handler Daniel Richardson were back on their Australian beat Monday after a Sydney appeals court ruled that nosing up to a man in a nightclub queue didn’t amount to an assault or even an unlawful search.

It was the man in question, 23-year-old estate agent Glen Darby, who instigated the appeal court process after police allege that Rocky alerted Richardson to a pocketful of amphetamines and cannabis.

Lawyers for Darby claimed that because of the eight-year-old black Labrador’s ”pushing and ferreting” the evidence gathered was inadmissible because it had been preceded by a search that amounted to ”a battery by the police”.

The loss on appeal means that Darby will once again face drugs charges. – Sapa-dpa.