A dangerously out-of-control Staffordshire bull terrier which attacked two dogs in Dunfermline will not be destroyed, a sheriff has ruled.
Siobhan Hunter was forced to “rugby tackle” her pet after it charged into a neighbour’s house and attacked a Lhasa Apso dog in March this year.
Weeks earlier, Hunter’s husband Steven Fraser had to wrestle the dog from a family’s bloodied Jack Russell after it escaped his garden in Jennie Rennie’s Road.
The pair, both 43, previously pled guilty to separate offences of owning a dog which was dangerously out of control.
Fraser has already been given a £1,485 compensation order to pay half the vet bill for the Jack Russell.
Hunter appeared at Dunfermline Sheriff Court this week for sentencing after her case was further deferred for a dog behaviour report.
Contingent destruction order
Defence lawyer Alan Davie said the report is not yet prepared, though pointed out the Staffy has been subject to a dog control notice since April without further incident.
Sheriff Garry Sutherland acknowledged the lack of incidents since but noted that in Hunter’s case the dog had broken out of her control despite it being on a lead.
The sheriff said he needs to be satisfied the dog does not pose a risk to the public and decided to deal with the case by way of a contingent destruction order, meaning the owner must keep the animal under proper control.
He told Hunter she must have it muzzled and on a lead at all times in public and that it be “supervised by a person of sufficient strength and stature” at all times in public.
The sheriff said he would not ban Hunter from owning dogs but added: “If there is another incident, along similar lines to before, it’s certain the sheriff will order its destruction”.
He warned any breach of the order means prosecutors are required to seek destruction.
Sheriff Sutherland also gave Hunter a £1,000 compensation order, equating to the vet bill for the Lhasa Apso.
Staffy was rugby tackled
Prosecutor Azrah Yousaf told the court previously that around 6.20am on March 24, the Lhaso Apso owner took her dog into the secure front garden and became aware of loud barking.
She opened the door to let her dog back in the house and looked back to see the white Staffy barge towards her gate.
It “burst open” and the Staffy entered the house, the fiscal said.
“It jumped on top of the Lhasa Apso and the complainer tried to grab the dog off her dog and at that point, the dog bit the middle finger of the complainer.
“Both dogs went into the back garden and the Staffy continued to bite and claw at the Lhasa Apso’s back.
“The accused came running out her house, which is situated right next to the complainer’s house.”
The fiscal said a police report described Hunter “rugby tackle the Staffy and hold it until (the complainer) could get the dog safely back into the house”.
Vet bill
Ms Yousaf said the Lhasa Apso was taken to the vet, where its wounds were cleaned and the bill came to about £1,000.
The woman also sought medical attention for her finger injury, which was cleaned.
Hunter told police she had been taking the dog out for a walk and the other dog had barked at her pet, which then pulled away from her.
On New Year’s Day, Fraser let his dogs into his back garden and they escaped through a gate, left open by a delivery driver.
The female owner of the Jack Russell lifted her dog up and Fraser’s Staffy tried to jump up to bite it, prompting the woman’s partner to intervene.
Ms Yousaf said: “At that point the Jack Russell managed to get away and the Staffy is seen to take hold of the Jack Russell by the neck and is shaking the dog.
“The accused appears and takes hold of his dog and attempts to release the dog from gripping onto the Jack Russell.”
The fiscal said Fraser and the other male tried to prise open its jaws.
“Eventually, the Jack Russell is freed and has large puncture wounds to the neck and is bleeding heavily”.
The Jack Russell was taken to the vet, where the bill came to £2,970.
Fraser told police he had opened the door to let out the dogs and they escaped without his knowledge.
Speaking at the earlier hearing, defence lawyer Mr Davie suggested Fraser’s culpability was at the “lower end of the scale” and that he has since reinforced the fence and put up a 6ft gate, which can only open from the inside.
He said the dog now wears a muzzle and lead.
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