A death row dog has been granted a last- minute reprieve by appeal court judges.
Perth Sheriff Court ordered the destruction of German shepherd Dylan after hearing how he ran amok outside his home and bit a stranger.
His owners Michael and Barbara Philbin mounted a legal bid to overturn the decision, despite being told by a sheriff that the four-year-old could pose a danger to the public.
Now the Court of Criminal Appeal in Edinburgh has quashed Dylan’s destruction order. Judges heard how the dog once saved several people when fire broke out at his home in a block of flats.
Dylan was returned to his family after nine months in the care of a dog charity.
Barbara, 61, said: “It is such a relief to have him back. He was away from us for such a long time, we never thought we’d see him again.
“What they said in court was completely blown out of proportion. He’s a real gentle giant. He’s always been really good with people and he never did anything like this before.”
Michael, 49, appeared in court in January and admitted he was in charge of Dylan when he attacked a stranger in August last year.
Perth Sheriff Court heard that Mark Henderson used a golf umbrella to fend off the large dog after it leapt on him while off his lead. Mr Henderson needed hospital treatment for an arm injury.
Sheriff William Wood heard that in September 2011, Dylan was hailed a hero for helping the sleeping Philbin family to escape a fire in their home.
The dog raised the alarm and alerted the Philbins to the danger by scratching at their faces and barking, allowing them to escape through a back window.
The court was told that at the time of the attack in August, Dylan had been spooked by workmen who were refurbishing the council flats.
Mr Philbin said: “Workmen were setting up saws and benches. I noticed Dylan became unsettled by the noise of the saws. It was making him a bit nervous.
“He became a bit more jumpy and was acting out of sorts just prior to attacking this poor guy.”
The appeal court has insisted that Dylan is muzzled when out in public.
Sheriff Woods told Mr Philbin: “This is a difficult case as here I have a dog who is clearly a much-loved family pet and showed his value in September 2011 of making you aware of danger in your house.
“If he was a human, you would say he was otherwise of good and exemplary character.”
But he added: “I can’t be satisfied that this dog is not going to constitute a danger to public safety in future.”
When Mr Philbin pleaded for a second chance, Sheriff Wood added: “I am sorry I need to make an order in these terms.”