A German Shepherd dog which attacked two police officers, leaving one scarred for life, has been saved from destruction.
The Alsatian called Damon injured a constable involved in a missing persons search in Peterhead town centre five years ago.
A jury at Forfar Sheriff Court heard how the same pet mauled PC Daniel Wojtaczka during an incident outside its home in John Street, Arbroath, on July 12 2022.
Jurors took just over 20 minutes to unanimously convict Damon’s owner Kevin Ross of breaching dangerous dog legislation while subject to a Dog Control Notice.
The notice had been handed to 45-year-old Ross by Aberdeenshire Council in 2019.
The jury determined that his dog was not under supervision or control when it bit PC Wojtaczka on the left forearm, leaving him injured and permanently disfigured.
Ross returned to the dock for sentencing this week and was disqualified from keeping dogs for five years.
He was also ordered to carry out 100 hours of unpaid work.
Sheriff Jillian Martin-Brown further issued a contingent destruction order for the dog.
It stipulates that nine-year-old Damon must remain with its new owner and be kept on a lead.
Barked at Peterhead police
Constable Matthew McKay had been part of a team looking for a missing person in Peterhead’s Love Lane when he was attacked by Damon in September 2017.
Peterhead Sheriff Court heard at the time how the PC was part of a group of officers who came face-to-face with an aggressive “Alsatian-type dog”.
Damon was wearing a body harness, but no lead.
The dog began barking at officers before sinking its teeth into PC McKay.
Ross then appeared from a block of flats and attached a lead to his pet.
Puncture wounds
During a trial in April, jurors were shown CCTV of the same dog attacking PC Wojtaczka as he was investigating a reported disturbance in Arbroath.
Damon bit the officer on the arm, leaving two puncture wounds.
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.
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.
“We had a five-year period where there were no incidents involving the dog,” Mr Foulis said. “That does not point to irresponsible ownership.”
Fiscal depute Trina Sinclair told the jury: “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.”
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