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Fate of eight-stone mastiff that bit Glenrothes schoolgirl hangs in the balance

Building exterior of Kirkcaldy Sheriff Court, Kirkcaldy.     Kirkcaldy Sheriff Court sign
Building exterior of Kirkcaldy Sheriff Court, Kirkcaldy. Kirkcaldy Sheriff Court sign

A dog bit a nine-year-old girl outside her primary school, Kirkcaldy Sheriff Court has heard.

The fate of the eight-stone mastiff alsatian will be decided after a dog handler reports on its behaviour around people.

Its owner, Clare Louise Canning, or McIntyre, 29, of Alexander Rise, Glenrothes, admitted being in charge of a dangerously out of control dog on November 15 at the town’s Warout Primary School and that it bit the girl on the body to her injury.

The court heard the girl and her friend had been running towards the school at 9am and saw the dog tied up at a lamppost next to the school gate.

The depute fiscal told the court: “She knew the dog as the owner took it to the school every day.

“The dog began barking and jumping up as the girls got closer to it. As they passed it jumped up and bit the complainer on the wrist. A red mark appeared but there was no other injury sustained.”

The girl was frightened and spoke to a staff member at the school who contacted the police.

McIntyre’s agent said she took the dog to the school while dropping off her son. There was little scope for the animal to move away from where it had been tied but the lead it was wearing was not fully extended and had not put pressure on webbing that could have closed its mouth. Since the incident she had not taken the dog back to the school.

He said the animal may have been stressed by noise from the playground.

“If the dog had any intention of doing significant damage, it clearly could have done,” he said.

The court heard McIntyre had owned the dog since it was 10 weeks old and it was now four years old. There had been no other problems with its behaviour.

Her agent said that, with hindsight, the dog could have been muzzled. “Hopefully the lessons of this can certainly be learned.”

Addressing Sheriff Thornton on the question of whether or not the dog should be destroyed, he said: “The incident was thankfully a limited one. It was not out of control, roaming free, there was at least control in terms of movement.

“It is my submission that the dog is not a danger to public safety.”

He noted it was a “heavy, powerful” dog but all it had done was leave a small, red mark on the girl’s wrist without breaking the skin.

The sheriff said he had been told by the depute fiscal police had visited McIntyre at her home and seen the dog. That gave him an insight only into how it behaved there.

“I think there is still a risk and I am going to insist on seeing a report from a suitably-qualified dog handler when it is out and about. He can report on its characteristics.”

He told McIntyre that if he believed the dog was not dangerous, he may not order its destruction. “I want to be quite satisfied before I reach a conclusion about your dog,” the sheriff said.

He said he was also considering imposing a fine on her and ordering her to pay compensation to the girl. Sentence was deferred until November 11.