A DOG owner, who tried to prove the difference between labrador and poodle poo to council officials, has been given the benefit of the doubt by magistrates.

For Elliott the arthritic Labrador landed David Murray in court after his old legs gave way and he was wrongly accused of pooping on the pavement.

Mr Murray was handed a £50 fixed fine by wardens for dog fouling in the street.

But the 45-year-old refused to pay, claiming the mess did not belong to 11-year-old Elliott, who had only squatted because his back legs had given way.

He refused to pay and was taken to court after insisting that the dirty deed had been carried out by a pooodle.

Mr Murray even bagged the offending mess before collecting a sample from Elliott and then took them to the offices of Hartlepool Borough Council to "provide a comparison" - demanding officials send the number twos away to be tested. They refused.

Following a court hearing, Hartlepool magistrates have now ruled that it is impossible to prove the dirt came from the Labrador and threw the case out.

Mr Murray, who had denied the offence, has now made a sign for his dog which reads: "Not Guilty. Squatting - but not dropping".

The bus driver, of Thornhill Gardens, Hartlepool, said it only looked like Elliott was fouling because he suffers with arthritis and his back legs had collapsed.

He was approached by wardens after they spotted his dog squatting.

The case went to trial at Hartlepool Magistrates' Court. The father-of-two was charged with dog fouling under the Dogs (Fouling of Land) Act 1996 but was found not guilty by magistrates.

Tony Macnab, prosecuting on behalf of the council, said two wardens were on patrol in Elmwood Road on January 29 when they saw the squatting pet.

"Enforcement officer John Williams asked the gentleman if he was in control of the dog to which he replied that he was.

"He showed where the dog had defecated and requested his name and address which he failed to give. He issued him with a fixed penalty notice for the sum of £50 which has not been paid."

Mr Murray, who defended himself, said: "Elliott was walking along and because he has arthritis, his back collapsed and it looked like he was fouling.

"I was stood behind him and I didn't see anything come out of him. It was the size of a pebble and it didn't come from my dog, it looked like it had come from a poodle."

Chair of the bench, Stephen Hall, said: "We are prepared to give the defendant the benefit of the doubt because we can't be sure that this matter has been proved beyond reasonable doubt."

Speaking outside of court, Mr Murray said: "I agree with the fixed penalty notices for dog foulers but I wasn't going to pay for something I hadn't done."

Ian Burton, the council's environmental enforcement manager, said: "I accept the way the court has looked objectively at the case and on this occasion we haven't fully proved the offence.

"However, we would ask all dog owners who walk their dogs in public areas that they do monitor their dog at all times so this set of events doesn't occur."