A dog owner from Forfar was caught breaching a court-imposed pet ban two days after it was issued.
David McColl and his sister were ordered not to keep dogs after his pet, Zeus, injured three children at a Forfar playpark.
Inspectors arrived at his John Street home shortly after his ban was imposed and found him with four-year-old XL Bully Koda.
Koda was seized and McColl believed it had been euthanised.
However, when he appeared in Forfar Sheriff Court this week to admit flouting the dog custody ban, he was told the rescue pet has actually been in kennels for eight months.
Ban breach
Prosecutor Jill Drummond told the court: “On June 15 2024, an SSPCA inspector attended to check on the welfare of a dog within following a report of a dog having been struck by its owner.
“The witness has traced the accused within, with the XL Bully type dog, named Koda.
“The dog appeared well fed, in good body condition and good health.
“The accused provided that he had been at court on June 13 and issued a disqualification order.
“He had not let his solicitor know he had ownership of a dog at the time of this order.
“He intended to contact his solicitor to see if he could appeal this banning order.”
Due to recent legislation, it is illegal to rehome, sell or transfer ownership of an XL Bully.
Two days after the visit, McColl was again seen with Koda.
Police attended with a warrant and seized Koda from an acquaintance of McColl’s.
Ms Drummond said: “Mr McColl believed the dog is deceased but I believe we’re paying kennel costs.
“From my understanding, the dog has been in kennels since.”
XL Bully ‘quandary’
McColl admitted that between June 13 and 17 last year he had a light grey XL bully dog, having been disqualified for two years.
His solicitor Sarah Russo said: “On June 13… he’d been disqualified from having custody of a dog but already had a dog.
“Koda is a rescue dog that Mr McColl rescued, nurtured and brought back to good health.
“He had hoped to appeal the decision and he did take advice.
“He thought he would try and find someone else to look after the dog during the period of disqualification.
“Because of the type of dog it was… he was left in this quandary.
“Mr McColl came to court today thinking Koda had been euthanised.
Sheriff Mark Thorley fined McColl £380 altogether, noting a fine is the only sentence available for breaching dog disqualification orders.
Prior canine court case
In 2023, McColl and his sister Andrea pled guilty to separate charges of being responsible for Zeus when he was dangerously out of control.
Zeus – initially but wrongly believed to be an XL Bully – was off his lead when he bit boys aged nine and 10 on the body to their injury on June 22.
The dog was again off its lead when it pursued and injured an eight-year-old boy in Forfar’s Reid Park on July 23.
The XL Bully jumped at the boy, knocked him to the ground and bit and scratched him on the head and body.
Both siblings were given dog bans and David McColl was placed on an 80-day curfew.
Zeus – quickly sold to a new owner – was ordered to be neutered, muzzled and on a short lead in public and is subject to a contingent destruction order.
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