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Out-of-control ‘XL Bully’ which attacked three children in Angus spared by sheriff

Andrea and David McColl accepted their responsibility for the pet's behaviour and were slapped with a two-year dog ownership ban.

Andrea McColl, Zeus, David McColl
Andrea (left) and David McColl admitted being responsible for 'dangerously out of control' Zeus. Images: Facebook

A brother and sister have been banned from keeping dogs after their XL Bully-type pet attacked and injured three children in Forfar.

David and Andrea McColl admitting their responsibility for the “dangerously out-of-control” animal, called Zeus.

Forfar Sheriff Court heard how Zeus became “over-excited” while walking off his lead and attacked two boys, aged nine and 10.

Weeks later, he bit and scratched an eight-year-old.

Zeus, who was sold after the attacks, had been threatened with destruction but avoided being put to sleep after his new owner agreed to have him neutered as part of strict set of rules designed to protect the public.

Police asked sister to look after Zeus

The court heard Ms McColl, 35, had agreed to look after the dog while her older brother was in custody on an unrelated matter.

Zeus attacked two boys near her home in Forfar‘s Kemsley Park on June 22.

A month later, the dog attacked a third child who had just turned eight while it was being looked after by Mr McColl, 37.

Andrea McColl and her brother David
Andrea McColl and her brother David appeared at Forfar Sheriff Court.

Solicitor Sarah Russo, defending, said: “Ms McColl appears before the court today as a genuine first offender, with no matters outstanding.

“What happened was police turned up on her doorstep with the dog.

“They informed her that her brother was in police custody and she was asked if she could take the dog overnight.

“She agreed to do this; however her brother was remanded for another seven days.

“So this period of taking the dog for one night extended to a period of one week.”

Zeus
Zeus was spared from destruction after his new owner agreed to a court order. Image: Facebook

Ms Russo said: “Ms McColl was obviously familiar with the dog and she knew it was fine with her own children.

“She thought it was alright to take the dog out without a lead.”

The solicitor added: “But when she went out, the dog got over-excited and began barking at children.

“This was when the incident occurred. It certainly was not deliberate act.”

Dog to be neutered

Zeus is listed on court papers as an XL Bully but the court heard that he may be a different breed.

“Nevertheless, this is a large dog,” said Sheriff Jillian Martin-Brown.

“It’s about the thought process of taking a large, boisterous and juvenile dog out amongst children, without a lead.”

Andrea McColl
Andrea McColl. Image: Facebook

The sheriff noted Ms McColl had no criminal history and admonished her.

She ordered Mr McColl, of John Street, Forfar, to stay home each night for 80 days as part of a restriction of liberty order.

David McColl
David McColl. Image: Facebook

They were both banned from keeping dogs for two years.

Zeus was sold to new owner David Nixon after the attacks.

Court proceedings were paused to phone Mr Nixon and ask for his thoughts on a set of restrictions to be placed on his dog, as part of a contingent destruction order.

He agreed to having Zeus neutered and kept muzzled while in public.

The dog must also be walked on a lead no longer than 1.5 metres.

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