A dangerous dog faces destruction after permanently disfiguring a police officer in Arbroath – five years after a similar attack.
The dog, Damon, is the same pet which bit and injured a PC in Peterhead in 2017.
A jury at Forfar Sheriff Court took a little over 30 minutes to unanimously convict Kevin Ross of breaching dangerous dog legislation while subject to a Dog Control Notice.
The jury determined Ross’ black, male German Shepherd was dangerously out of control outside his home in John Street, Arbroath, on July 12 2022.
Ross was given a Dog Control Notice in May 2019 by Aberdeenshire Council but his dog was not under supervision or control when it bit PC Daniel Wojtaczka on the left forearm, leaving him injured and scarred for life.
In June 2017, Damon acted aggressively towards officers at Drummers Corner in Peterhead, then three months later it bit and injured PC Matthew McKay at the town’s Love Lane.
The dog’s fate, and whether Ross will be furnished with a disqualification order, will be determined when the 45-year-old is sentenced next month.
Scarred for life
Jurors in Forfar were shown CCTV taken when police, including PC Wojtaczka, attended at the property in relation to a reported disturbance.
Damon bit the officer on the arm, leaving two puncture wounds, measuring 4mm across by 3mm deep and 7mm across by 2mm deep.
After being treated at the Arbroath Minor Injuries Unit that evening, he attended Ninewells’ emergency department two days later suffering increased pain and swelling.
His arm was operated on and medical staff explained his wounds would heal but leave scars.
The officer was later placed on modified duties and now reports being anxious around dogs.
Accused a ‘dog lover’
Ross’ solicitor Gary Foulis explained his client had been inside cooking supper while Damon, and his other dog Hades, had been let out for the toilet.
He explained Ross had had Damon since he was a puppy and his client had taken extra safety measures by putting a poster on his door alerting others to the dog’s presence.
He said: “This man sitting in the dock is a dog lover and a responsible dog owner.
“This is a rather unusual case.
“We had a five-year period where there were no incidents involving the dog.
“That does not point to irresponsible ownership.
“It was an unfortunate chain of causal events – it’s not down to irresponsible dog ownership.”
Destruction request
Addressing the jury, fiscal depute Trina Sinclair said: “I would suggest there is no reasonable doubt in this case.
“He is not a responsible dog owner, he didn’t comply with the dog notice, he did not keep his dog under supervision and he did not keep his dog under control.”
Ms Sinclair asked the court to consider destroying Damon and banning Ross from keeping dogs.
Sheriff Jillian Martin-Brown deferred sentencing for reports until May 16 and continued consideration of the destruction and dog ban requests.
Prior dog trouble
Mr Foulis explained Ross was admonished for his previous dangerous dog conviction.
On June 20 in 2017, Damon behaved in an aggressive manner towards three male PCs at Drummers Corner, Peterhead.
And on September 29 that year, the dog lunged and bit PC McKay on the elbow in the town’s Love Lane, leaving the officer injured and bleeding.
Damon – wearing a body harness but no lead – thereafter continued bark and act in an aggressive manner.
The constable was part of a team looking for a missing person.
A minute later, Ross appeared from a block of flats and put the dog – which was still growling and barking – on a lead.
At Peterhead Sheriff Court, Ross admitted being in charge of a dangerously out of control dog.
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