A Fife man left his ex’s American Mastiff dog unsupervised outside a Co-op supermarket when it managed to free itself and attack two children.
Brian Waugh had tied the dog to a wooden noticeboard at the store in Chapel Street, High Valleyfield.
But it broke its tether and jumped on a boy and girl, both 14, biting one of them and puncturing their skin.
Dunfermline Sheriff Court heard 34-year-old Waugh made “minimal effort” to get the dog under control and, when he did, left without apologising or assisting.
But Waugh claimed the lead had snapped and he just wanted to get the dog away as he was struggling to get it under control.
Accused didn’t try to retrieve dog
Waugh appeared in the dock for sentencing after earlier pleading guilty to being in charge of a dog already subject to a dog control notice which was dangerously out of control in December last year.
The court heard the animal had attacked another dog in October last year by grabbing its throat repeatedly and a dog control notice was issued at the time.
Last July, an advisory letter was also served due to the dog being walked by children.
Prosecutor Brogan Moffat told the court that on December 5 2023, the two teenagers went to the shop and saw the dog outside.
The fiscal depute said: “It appeared to be tied to a wooden noticeboard.
“Both children saw the accused walk out the Co-op and head towards the dog.
“At that time the dog lunged towards (the boy) and at that time escaped the notice board and gave chase to both witnesses.
“The accused did not attempt to retrieve the dog and made minimal effort, shouting after it.
“At that time the dog jumped on (the boy) and bit him to his left side. It punctured skin and left a scratch at the left side of his ribs”.
Dog jumped on girl
The boy fled inside the shop for safety and the dog turned to the girl and jumped on her back, the fiscal said.
Ms Moffat continued: “At that time it was noted the accused made no attempt to grab the dog but just shouted at it.
“(The girl) fled into the Co-op also.
“The accused, at that time, grabbed the dog and walked off, offering no apologies or assistance to the witnesses”.
Police were contacted and went to Waugh’s address and seized the dog and charged him.
The dog has been in custody since that date.
Lead ‘snapped’
Defence lawyer Stephen Morrison said Waugh, of Ochilview Drive, High Valleyfield, recognised he did not behave responsibly on this occasion.
The solicitor said: “He removed himself and the dog from the immediate locus, simply to have the dog taken out of the way.
“His position is the lead had snapped. He took the dog away because he was struggling to control it without the lead.
“He has expressed concern and remorse about what the children went through, so he simply wanted to highlight that.
“His ex partner is the owner.”
Sheriff Garry Sutherland referred to a kennels report in saying the dog is generally a bit of a “gentle giant” and was with them for six months before the report was prepared.
The sheriff sentenced Waugh to 100 hours of unpaid work and banned him from having custody of a dog for five years.
Contingent destruction order
The sheriff said: “In relation to the dog itself, I take on board the history of the dog, the injury to children, the size of the dog, and balance that against the report from the kennels, which has considerable value given it has been there six months.
“It is a large breed but not one inherently aggressive or dangerous.”
Sheriff Sutherland made a contingent destruction order, meaning specific measures must now be adhered to by its owner.
These are that the dog must be muzzled when in public, on a lead at all times in public, not at any time left unsupervised in public whether tied up or not.
The sheriff made it clear that if this is not complied with then the “fall position is that the dog must be destroyed”.
Waugh’s ex partner was visibly emotional during proceedings and when leaving court.
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