Antonio Cirino Denis Cusato ordered to pay $3000 to ex-girlfriend’s friend for commanding his dog to bite her

A South West man has been ordered to pay $3000 to his ex-girlfriend’s friend for commanding his dog to bite her while the pair were caught in a scuffle. Antonio Cirino Denis Cusato was sentenced in Bunbury Magistrate’s Court on Friday after he was found guilty of having control of a dog that attacked another person and caused injury but was acquitted of striking the woman with an aluminium scoop net following a trial. The court was told Cusato was collecting his belongings from the property he shared with his ex-partner with help from a male friend while the ex-girlfriend was out with her female friend. When the ex-partner and her friend returned to the property and found Cusato was still there, the friend began making disparaging comments towards him, prompting him to retaliate with his own comments. While Cusato was continuing to move his belongings outside the property, he informed the other occupants he would be outside if anybody wanted him. However, the woman, who was still angered by Cusato’s comments, followed him and shoved him in the back towards a gate in the property’s yard, causing him pain. The court was also told the complainant continued to follow Cusato through the yard towards the carport, where Cusato armed himself with the scoop net and used it to strike her several times to the back and shoulders. Despite admitting in evidence that he struck her hard with the net, Cusato said he was wanting the complainant to get away but she kept advancing towards him and trying to grab at him, claiming he struck her in self-defence. After Cusato was eventually disarmed, a scuffle ensued which saw the victim placed in what was described as a headlock. The court was told that during the scuffle, Cusato’s dog Shadow, who was described by Cusato and his ex-partner to be timid, was barking and was commanded by Cusato to “get her”, prompting the dog to bite the victim several times causing puncture wounds until the fight had ceased. In handing down his decision, Magistrate Benjamin Tyers said it was clear the victim had escalated the incident from a verbal argument to one of physical violence as she was the one to shove Cusato first, deeming her an “aggressive and unwelcome visitor”. Mr Tyers formed the view that the complainant had started the violence and attempted a prolonged attack by continuing to follow Cusato through the property, physically confronting him. However, Mr Tyers found Cusato was liable for having control of Shadow during the scuffle as the dog did not become involved in the fight until it was commanded to do so — despite varying accounts of what Cusato allegedly commanded. “You got a timid dog involved in your fight,” he said.