Willington woman appeals magistrates' destruction order for Akita dog

The Akita, ‘Fudge’, was given a previous “stay of execution” to enable owner Dawn Owens to have the report produced as to her pet’s temperament and future risk.

It follows an order for the destruction of Fudge made by County Durham magistrates earlier this year after Owens admitted the aggravated version of being the owner of a dog dangerously out of control.

The 47-year-old defendant, of Lincoln Drive, Willington, was also disqualified from owning a dog for five years.

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She launched an appeal, but only against the destruction order element of the sentence, at Durham Crown Court, in September.

The court was told Fudge has been involved in three reported incidents of either biting or aggressive behaviour since 2016.

In the most recent, in May this year, it jumped a fence and attacked another dog, a whippet cross collie, whose female owner fell in trying to protect her pet and was bitten in the face by Fudge, causing puncture wounds to her nose and lip.

The woman’s dog suffered a bite wound to a hind leg, which had to be treated with stitches.

Tabitha Buck, responding to the appeal for the Crown, said the defendant offered a compromise proposal, if Fudge was spared on appeal, in which it would go to live with the previous owner.

But Miss Buck said inquiries revealed two previous incidents with Fudge while in the previous owner’s care, in 2016.

In one, another dog owner was bitten in the finger, while Fudge had to be held back after running at the same person in an aggressive manner several months later.

Miss Buck told the court the prosecution believes neither Owens or the previous owner would provide a suitable home for Fudge.

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But Chris Morrison, representing Owens, said an independent assessment could be made as to Fudge’s temperament and the future risk it is considered to pose.

The judge sitting at that hearing agreed to adjourn the hearing for an assessment to be made, but added that the report author may have to come to court to outline the findings.

But Judge Jo Kidd told Owens: “The fact I’m granting an adjournment shouldn’t be taken as any indication as to how the court will find, in future.

“There is a presumption in a case of a dog biting a human for understandable reasons.

“The focus of the assessment will be purely and simply on Fudge’s temperament and risk of further attacks.

“It’s not relevant about the family background.”

When the case came before the court, shortly before Christmas, the hearing was told the report had yet to be prepared as the RSPCA said “ordinarily” it would not provide such an assessment and a local vet had also declined to do so.

Uzma Khan, representing the Crown, said the “onus” was on the appellant to have the report produced.

She said an alternative solution may be to approach the police to request the force’s dog handler to make the assessment, funded by the appellant.

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Mr Morrison said that option had not been fully explored by the appellant.

Recorder Tom Moran said given the prosecution is not going to obtain the report, it was down to the appellant to do so.

He agreed to further adjourn the appeal, until February 16, but if the report had still not been obtained by then, the hearing would take place anyway.