The trial of a Tayside woman accused of selling puppies without a licence yesterday heard 65-year-old legislation may not cover online sales.
Jaimie Colquhoun from Dundee was approached by Scottish SPCA detectives investigating reports of puppies dying shortly after they were sold in 2015.
She appeared on trial at Forfar Sheriff Court on Tuesday, facing allegations she sold two dogs at car parks in Arbroath and the city.
The court heard evidence the 26-year-old ferried litters over from Ireland and sold them via the Gumtree website.
But the legal act of selling under the Pet Animals Act 1951 is tied to conducting business in a public place.
Sheriff Gregor Murray tasked depute fiscal Stewart Duncan and defence agent Ian Houston with submitting whether Colquhoun conducted business by delivering dogs outside Pleasureland in Arbroath and the Morrisons car park in Dundee — after the transaction was done online.
“I can fully understand that the advent of online selling makes it difficult to define commerce and it may be difficult to reconcile it with an Act from 1951,” he told them.
“I have no difficulty accepting Mr Houston’s submission the contract was formed somewhere other than a public place.”
The sheriff said the law may need to be examined in a “higher court”.
Previously, Colquhoun told the court she was offered the chance to go “undercover” and film an Irish puppy farm and that in return she would be able to avoid court, but declined.
She said she feared being called “Cruella de Vil” after the villainous character from 101 Dalmatians, following talks with the officers.
During the trial, Mr Duncan asked a former wildlife crime policeman how Colquhoun obtained puppies and sold them from her car in March and July 2015.
The court heard an account of crossings she had made to secure around 10 litters of puppies “over the years”.
“I buy them from Ireland — a man called Thomas,” SSPCA Inspector Neil Gilmour read from his notebook.
“I pick them up from Holyhead in southern Ireland.
“Thomas will text me once a month.
“I will travel as a foot passenger and bring litters back in carriers.
“A friend on Gumtree told me about it.”
Sheriff Murray continued consideration until September 15.
