A sheriff has ordered the destruction of a “dangerous” American bulldog after two unprovoked attacks on pets near a Kinross-shire village school.
Pensioner James Murdoch was served with a Dog Control Notice in January last year after his dog Storm pounced on a chocolate Labrador, locking her jaws round its head.
The retired professional dog-walker was earlier this year charged by police following a second attack outside his Braco home.
Murdoch denied he had allowed his beloved companion to be dangerously out of control on February 14 this year, when she attacked resident Jill Sowerbutts’ German Shepherd Collie cross Peggy.
He was found guilty after a day-long trial at Perth Sheriff Court.
The 66-year-old was further convicted of failing to comply with the strict control order, by letting Storm out without a muzzle or lead.
Sheriff Gordon Fleetwood fined Murdoch £400 and ordered him to pay £500 compensation to Ms Sowerbutts.
He added: “I am of the view that with Ms Sowerbutts having been caused injury, this becomes an aggravated offence and I have no discretion as to whether or not I order the destruction of the dog.
“For the avoidance of doubt, if I am wrong on that point I am faced with a dog which on two occasions – within a relatively short time and for no reason at all – attacked two other dogs, with the possibility it could go on to attack other dogs, and who knows what would happen then.”
‘Horrible’ attack
Environmental consultant Ms Sowerbutts told the court she had been walking her dog Peggy past Braco Primary when Storm bolted out of her Mid Lane home.
“The dog was on the other side of the street,” she said.
“He barked at Peggy, ran across and bit her.
“Her whole head was inside its mouth. It clamped its jaws down on her.
“She was squealing in distress.”
Ms Sowerbutts, 41, said: “I couldn’t see my dog’s face because it was inside the other dog’s mouth.”
Asked what kind of dog had attacked Peggy, she said: “I would compare it to an XL Bully type. It was a big dog, about 60 kilos.”
She said her dog was trying to free herself. “But there wasn’t much she could do,” she said.
The witness said she ended up on the ground as she tried to rescue Peggy.
She was left with a bruised wrist, ripped leggings and with scratches to her leg.
Asked by fiscal depute Andrew Harding if she felt at risk, she replied: “A bit, yes. I felt that if it had let go, it would have then turned on me.”
She said Murdoch came out and helped pull Storm away, before taking her inside and closing the door.
Peggy was left with a bloodshot eye and a cut to her head.
Ms Sowerbutts said she felt “distressed and upset”.
“It was a horrible thing to go through,” she said.
High pitched squeaking
Early years practitioner Louise Fridge told the court she was working at Braco nursery when she heard dogs fighting and “a lady screaming.”
She jumped over the school wall and saw the two dogs and their owners.
“The man was on top of his dog, trying to open its mouth,” she said.
“The smaller dog was making a high pitched squeaking noise.”
She said the incident ended after about 18 seconds. She could see blood on Murdoch’s arm as he wrestled his dog away.
“I was shaken,” she said. “My instinct was for the safety of staff and children at the school, because it happened right outside our gates.
“At another time, the place would have been swarming with children. That’s why I reported it instantly.”
Companion
Murdoch accepted that he had failed to make sure his door was closed when Storm ran across the road towards Peggy.
He said his dog may have learned from another of dog how to open the door by herself.
“I landed on top of the dog and my hands were on her snout, trying to open her mouth up,” Murdoch told his trial.
“But I was hampered by boot heels kicking my hands.”
He insisted he would keep his dog on a lead and a muzzle to prevent similar incidents in the future.
Murdoch said his dog had pinned down other dogs, but had never attacked people.
“I’ve never seen her so much as growl at another person,” he said.
Murdoch, who lives alone, said his dog was his sole companion and he had “missed her dreadfully” since she was taken away by police in February.
Solicitor David Holmes, defending, had urged the court not to destroy the dog.
“Mr Murdoch is a responsible dog owner with a history of owning dogs,” he said.
“He let himself down on this occasion, but he has made real efforts to prevent this from happening again.”
Served with control order
The court heard that Murdoch was served with a dog control notice by Perth and Kinross Council following the first attack in January 2022.
He was ordered to keep Storm on a suitable collar, a lead of no more than 1.5 metres and a muzzle.
Civil engineer Thomas Bickerton, 60, told the court he was taking his chocolate lab Mia out for a walk when she was attacked by Storm.
“I remember seeing the American Bulldog come along the street,” he said. “It was untethered and I could not see its owner.
“It just made a beeline for my dog as we were coming out of my front gate.
“It locked its jaws over my dogs ear, cutting it,” he said.
Murdoch then arrived and pulled his dog away “with considerable force,” Mr Bickerton said.
Murdoch disputed that his dog had attacked Mia at the front gate.
He claimed Mr Bickerton, emerged from the shadows in dark clothing and startled him.
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