Penalty 'almost Draconian’

Press, 19 August 1981, Page 11

Penalty 'almost Draconian’

PA Auckland An Auckland woman has been restored to membership of the Kennel Club for the 'time being by order of a High Court judge. Mr Justice Barker found that Mrs Joselyn Neno Atkinson had received an “almost Draconian" penalty at the hands of the Kennel Club executive council,'who heard a complaint against her in April. The executive found that ■she has been guilty of, "conduct prejudicial to the inter-

ests of the canine world,” and resolved that both Mrs Atkinson and her husband, who helps in her dog-breed-ing business at Riverhead, would be suspended from membership for 10 years or longer at. the pleasure of the executive council. All dogs owned by the Atkinsons were to be disqualified from registration. His Honour found that Mrs Atkinson was not told which of four complaints, made by a person to whom she had sold a St Bernard puppy, was

proved. She was given no opportunity to make submissions on the penalty, said his Honour, which seemed severe because she was a married woman with four young children and income from dogbreeding was crucial to her family budget. Mrs Atkinson has applied to the High Court for 'an order that the Kennel Club's decision against her was invalid and sought re-instate-ment in the meantime. The Court heard that the

reputation of Mrs Atkinson’s kennels would be tarnished by a long disqualification and there would be difficulty over any pups born during the disqualification even if the parent dogs were later restored to the register.

His Honour made an interim order prohibiting the Kennel Club and its executive from taking any action on its decision until the matter was resolved by the Court.