A death row dog which savaged a woman in a flat, biting part of her ear off, is set for a stay of execution after a police blunder.
The Staffordshire bull terrier, known as Kaii, has been kept in kennels for the past 20 months at taxpayers’ expense while Police Scotland worked out its true ownership and eventually made moves to have it destroyed.
However, The Courier has learned that the application to the sheriff court by Chief Constable Stephen House has been recognised by lawyers as incompetent following an appeal from its owner.
Solicitors acting for Derek Duncan, 25, of South Road, Dundee, last year successfully quashed an 18-month sentence and 10-year disqualification handed to him under the Dangerous Dogs Act.
Moves are now being made to have Kaii returned to Duncan’s sister, who he claims is its true owner.
There is no dispute that Kaii attacked Nadine Crowe in May 2012, but it seems the dog is now in line to escape destruction because Duncan’s conviction has been overturned.
Three Appeal Court judges quashed his conviction and solicitor advocate Chris Fyffe successfully argued that Sheriff Elizabeth Munro had misdirected the jury on the legislation.
At a civil court hearing on the matter on Friday, Sheriff George Way agreed to continue the case for a week after Police Scotland’s lawyer asked for a deferral to allow for further talks between the parties which are expected to lead to a resolution.
It took police more than a year to find the Staffie after Duncan refused to disclose its whereabouts and the dog has been kept in a kennel at the taxpayers’ expense since it was traced 20 months ago.
A Police Scotland spokeswoman said: “As the case is ongoing we are unable to comment further.”
Duncan stood trial for the attack in April 2013.