A Fife farm owner was accused of using his dogs to deter walkers from using a disputed “right of way” through his property.
Mica Giles, 52, was found guilty of letting his collies lunge towards another dog being walked at his farm.
A trial heard evidence Giles shouted at a pensioner to get off his land.
The background to the court case centres on a disputed public right of way through Giles’ farmyard at West Baldridge Road, Dunfermline.
Giles had denied the two charges he faced at Dunfermline Sheriff Court.
On October 1 2020 at a public right of way at West Baldridge Farm, his dogs – while unsupervised, untethered and unmuzzled – ran towards Ian Hood and his tethered labrador, barked aggressively and lunged towards the other dog.
On March 7, the same offence happened in an incident involving Mr Hood’s father, Robert Hood, who was walking the same dog.
Attacking dogs tried to bite Labrador
Ian Hood, 39, a postman, told the court he was walking through the farm with his dad’s dog.
He said, “Two border collies came running out from one of the buildings.
“They were barking, were aggressive and went for the dog.
“The dog was very scared and trying to hide behind me.
“I put myself between it and the collies and was shouting at them to get back.
“They were trying to bite the dog but they didn’t manage it.”
He said the route was a public right of way for “as long as I can remember.”
Hit dog with stick
Mr Hood’s 70-year-old father, Robert told the trial: “The owner didn’t want people walking through the yard.
“I believe he didn’t know it was a right of way but it has been as long as I can remember.
“I’ve been walking my dogs there for 30 years and there’s a lot of other people do the same.
“Two black and white dogs came running out at my dog.
“They were barking and snarling.
“I was trying to protect my dog.
“I saw someone to my right but he wasn’t doing anything to call the dogs off.
“I was attempting to fend the dogs off with my walking stick.
“I was crouched down and hit one of them on the back with my stick.”
The man, identified by the witness as the accused, then screamed, “You’ve hit my dogs.”
Police call
Mr Hood said the accused shouted: “Get off my property now” and called the police.
“He was taking photos of me on his phone then made a 999 call and was screaming down the phone saying that someone had hit his dog.
“He also claimed that I had hit him with my walking stick.
“I turned around and said, ‘liar’ to him.
“He was still in a rage and shouting down the phone.”
Mr Hood Snr said his dog had not been injured but was “very, very frightened and cowering”.
Asked how he felt during the incident, he answered: “I was intimidated ,to say the least.”
Third witness recalls attack
Yvonne Morrison, 54, a lecturer, said four years ago she had been walking her dog through the farmyard when two border collies “went for” her pet.
“One of them went for its throat. I screamed.
“Mica came out and shouted to the dogs.
“I got a big fright and didn’t go back there.”
She said the incident came back to her when she met Robert Hood walking his dog and he told her about an incident at the farm.
PC Ross Menzies said he had visited the farm to investigate and the two dogs ran towards him, barking.
The officer said as far as he was aware the area involved is a public right of way.
Family pets
Giles said he had taken legal advice and had been told there was no public right of way through his property.
He stated: “The incidents occurred on private land and dogs are free to roam on private property.
“These are not aggressive dogs.
“They are kept in kennels during the day and get into the house at night.
“They’ve not got an aggressive bone in them.
“This is more about individuals accessing my farm than it is about my dogs.
“There’s a bigger story around this.
“They are family pets who have become embroiled in these issues about rights of access.”
No right of way
Giles said he had lived at the farm for 25 years.
He went on, “There is some disagreement about restricted access at the property.
“I think this is a form of protest.
“I’ve had threats made to my safety, if you check police records.”
Depute fiscal Zahra Bhatti put it to Giles that he deliberately released his dogs on members of the public to stop them using the route.
He replied, “My dogs are not aggressive.
“If I released them, they would just go over and play.”
In summing up, Giles said” “There’s no legal right of way.
“That’s categorical.
“Whether people want it to be, that’s inconsequential.”
Guilty
Sheriff Lindsay Foulis said: “It’s not my function to speculate about whether this is a right of way.
“I can only proceed on the evidence before me and from what I’ve heard, I’m satisfied these incidents occurred in a public place.”
He found Giles guilty of both charges.
The sheriff called for a report from the dog control department of Fife Council on measures which can be implemented at the property to prevent further incidents.
The case was adjourned until July 12.
