A Perthshire pensioner has failed in a legal bid to stop the destruction of his “dangerous” American bulldog, which attacked pets in two unprovoked attacks.
James Murdoch, 66, was served with a dog control notice in January 2022 after Storm bit a chocolate Labrador, locking her jaws round its head.
The retired professional dog-walker was then charged by police following another attack outside his home in Braco, close to the village school.
Murdoch stood trial at Perth Sheriff Court, denying allowing his pet to be dangerously out of control on February 14 2023, when she attacked resident Jill Sowerbutts’ German Shepherd Collie cross Peggy.
He was found guilty on this charge and a further offence of failing to comply with the notice, 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.”
Lawyers for Murdoch went to the Sheriff Appeal Court in Edinburgh to argue Sheriff Fleetwood misinterpreted the Dangerous Dogs Act 1991.
Legal judgement condemns dog
In a judgement issued on Tuesday, Sheriff Principal Catherine Dowdalls KC threw out the bid to lift the death sentence.
She wrote: “Storm was dangerously out of control when he attacked JS’s dog. JS was injured as a result of trying to rescue her dog.
“There was no need to show direct injury to JS. That is not a requirement of section 3(1) of the 1991 Act.
“Storm’s behaviour was sufficiently connected to JS’s injuries to establish that Storm was dangerously out of control.
“But for Storm’s attack upon her dog, which she tried to rescue by pulling on the lead, JS would not have suffered injury.
“The sheriff was entitled to hold that Storm’s attack amounted to an aggravated offence… and to convict of the aggravated offence.
“Having concluded that the offence was aggravated in terms of section 3(1) of the 1991 Act, the sheriff had no option but to make the order for destruction.”
Murdoch also appealed unsuccessfully against his conviction and sentence.
Terrifying attack
At proceedings last year, Ms Sowerbutts told the court she had been walking Peggy past Braco Primary when Storm bolted out of her Mid Lane home.
The environmental consultant told the court: “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.”
Asked what kind of dog had attacked Peggy, Ms Sowerbutts, 41, said: “I would compare it to an XL Bully-type. It was a big dog, about 60 kilos.”
She said she ended up on the ground as she tried to rescue Peggy and was left with a bruised wrist, ripped leggings and scratched legs.
She said: “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.
Control notice
The court heard 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.
“It locked its jaws over my dogs ear, cutting it”, he said.
Murdoch, who lives alone, accepted he had failed to make sure his door was closed when Storm ran across the road to Peggy after learning from another dog how to open the door by herself.
He insisted he would keep his dog – which had “never so much as growled at another person” – on a lead and a muzzle to prevent similar incidents.
Murdoch said his dog was his sole companion and he had “missed her dreadfully” since she was taken away by police.
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