A dog walker left a 70-year-old man with a broken nose and eye socket after believing he kicked his puppy in Camperdown Park.
Denis Griffin claimed he saw red after David Milne kicked his 20-month old Samoyed, named Bruno.
Dundee Sheriff Court was told how Mr Milne’s vision has still been impaired after being thumped by Griffin, 39.
He claimed to have suffered ongoing numbness with the pensioner sustaining a 2cm cut below his eye as well as a fractured eye socket and nose.
Griffin insisted he acted in self-defence, believing the man was going to strike him during the heated, Sunday afternoon confrontation
However, a sheriff did not believe his version of events and found him guilty of assaulting Mr Milne, causing him severe injury, on March 3 this year.
No recollection of punch
Mr Milne said in evidence he was walking with his partner, Susanne Knowles, at around 2.30pm when he became concerned about the puppy coming towards them while off the lead.
He told the court the dog began jumping up to Ms Knowles, who did not like dogs and suffered balance issues.
He claimed he said: “Can you keep that dog under control?”
“The dog came round and faced me and I held my hands out to try and stop it jumping,” Mr Milne said.
“I don’t have any recollection of the blow that was struck to me. I had no idea anything was coming.
“I didn’t have any defensive bruises or injuries so I don’t know when the blow was struck.
“I would normally see in someone’s face or eyes if there was a problem but I didn’t see any of that.
“The next thing I remember is being on the ground.”
Mr Milne said he could not recall if words were exchanged between he and Griffin.
Denied striking dog
Ms Knowles said Griffin punched her partner “out of the blue” before walking off.
The court was shown photographs taken by Ms Knowles of Mr Milne on the ground in the park with a swollen face, with Griffin walking away with the dog.
Griffin’s solicitor, Doug McConnell, said it was his client’s position Mr Milne kicked the dog and the pair were involved in a heated exchange.
Mr McConnell asked: “Were you shouting at the dog? Were you angry at the dog? Were you angry at the owner?”
Mr Milne replied: “I wouldn’t have hit or struck the dog. It would have been counterproductive. It angers it.
“I didn’t recollect any words being spoken at all.”
‘This guy started going crazy’
After Police Scotland issued a public appeal for information, Griffin handed himself in and his interview was played in court.
Griffin repeatedly described himself as being “angry” because Mr Milne kicked Bruno twice, before “chasing him”.
He branded the dog “super-friendly” and said Bruno had been unwell prior to the incident, resulting in the puppy being “excited” to be off the lead.
Griffin, an electrician, told officers: “He’s wandered up to them with a smile on his face, he didn’t jump on them.
“This guy has just started going crazy.
“He was screaming at the dog. He’s booted him twice and chased him. He was being aggressive.
“I was being aggressive as well but he looked like he was going to hit me and I just hit him once.”
Guilty
Griffin said he was “mortified” after learning of Mr Milne’s injuries but maintained the position he believed he was at risk of being attacked.
He added: “I had no idea how old he was.
“The dog is my life, I have seen that (the kick), went across and obviously I was so angry.
“I thought he went down and made a meal of it but obviously now I realise he did get a bad injury.”
When giving evidence during the trial, Griffin said even with hindsight, he could not envisage acting differently.
Sheriff Morag Fraser found Griffin, of Clive Road, guilty, believing his actions did not amount to self-defence.
He was ordered to pay Mr Milne £1,000 in compensation on top of a £750 fine.
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