A Perthshire man has been ordered to pay £300 compensation to a neighbour after he was found guilty of owning a dog that bit a man’s hand so severely that he needed plastic surgery.
David Bett (61), of Squirrelknowe, Balthayock, Kinfauns, was also ordered to keep his lakeland terrier, Murphy, under proper control, which includes putting him on a lead at all times he is in public places.
Perth Sheriff Court heard how Murphy “raced” towards David Nicoll (44) on February 27, jumped up at him and attacked him several times. Mr Nicoll had been out walking his Jack Russell dog when the attack happened.
He managed to push the dog off by prising its jaws from his arms, only for the dog to jump and attack him again while he sheltered his own dog under his right arm.
As a result of the attack, Mr Nicoll’s right hand became infected and after initial medical treatment at Perth Royal Infirmary he was sent to the plastic surgery department of Ninewells Hospital, Dundee, where he underwent corrective surgery. He has been left with a permanent scar.
He was signed off his work for two weeks following the incident.
On Monday, Bett was found guilty of a charge that on February 27 on the unclassified Kinfauns to Pitroddie road he was the owner of a dog, a lakeland terrier, where the dog was dangerously out of control and jumped up and bit David Nicoll on his right hand to his injury, contrary to the Dangerous Dogs Act 1991 section 3 (1).
The court heard the terrier had appeared on the road when Georgena Heggie (36), of Commonbank Farm, Balthayock, was taking her small pony out walking, something she did daily. Mrs Heggie said the dog was “going daft” when it started running around the pony and under its feet.
She said, “It was very hyper and being a typical terrier. I was trying to ignore it as I thought it would go back to its home but it kept following me for around half a mile.”
Ms Heggie said she feared the dog would be hit by a car. She said she saw a car approaching near an S bend and motioned for it to slow down.
“I then saw David Nicoll, who I know works at a nearby farm, out walking his Jack Russell, which he had on a lead. I shouted: ‘Watch out. There’s a dog on the loose.’
“He replied: ‘Watch out that dog’s bitten before’ as he picked up his dog. But then the terrier went straight for him and jumped up at him, trying to get to his Jack Russell.”
Ms Heggie said Murphy attacked Mr Nicoll and was “hanging on” with its teeth in his hand.
“Mr Nicoll managed to push it off with his left hand but it jumped up and attacked him again,” she said. “It bit his right hand. The second attack seemed to last about seven to eight minutes.
“Davie was screaming: ‘Get it off me.’ Mrs Bett then arrived and even she could not get it under control to begin with.”
Mr Nicoll, a stockman, told the court Murphy “raced” towards him and jumped up and attacked him, sinking its teeth into his right hand.
Bett, who represented himself, said he found it hard to believe his dog would attack someone without provocation. He told the court he had offered to have Murphy castrated but Mr Nicoll had asked him when he would be putting the terrier down.
His wife, Fiona (54), said she heard “dogs fighting” and said she saw Mr Nicoll kicking Murphy at the scene.
Sheriff Gail Patrick imposed a compensation order of £300 to be paid to Mr Nicoll and ordered Murphy to be put under proper control, which includes him being tethered while in the garden and on a lead at all times in a public places.