Ferryhill German Shepherd dog was trained to be aggressive, court told

Recorder Edward Legard came to the conclusion, that, “sadly and with a heavy heart”, the black German Shepherd, Duke, should be made subject of a destruction order at the end of the case of its owner, Alan Gittins, at Durham Crown Court.

The 69-year-old defendant, of Gordon Terrace, Ferryhill, who has no previous convictions, was before the court for sentence after previously pleading guilty to a charge of being the owner of a dog which caused injury while dangerously out of control in a public place.

Charlie Thompson, prosecuting, said it followed an incident in which the dog was being walked by the defendant, with his son, between the A167 and Darlington Road, in Ferryhill, shortly after 5am, on December 4.

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The victim, who had left home to go to a bus stop to go to work, crossed paths with the defendant and the dog.

As he walked past them, Duke, jumped up and bit him on the right forearm, piercing his coat sleeve and drawing blood.

Although the defendant tried to pull the dog off the victim, it clung on for several seconds before releasing its grip.

Mr Thompson said the owner apologised to the bitten man, who was left in great pain, and sought help from a member of the public, before being taken to hospital by his father.

He was treated with stitches to the puncture wounds to the arm and given pain killers and antibiotics.

The court heard he lost feeling for a while in his fingers and had to take up to a fortnight off work, as a machine operator in a factory, with a subsequent loss of wages.

Mr Thompson said in his victim statement the injured man said he believed the dog had hold of his arm for about ten seconds.

He said he was worried it might attack an innocent member of the public again and it would be particularly concerning if it was a child.

The incident was reported to police and several days later officers went to the defendant's home to seize the dog, which was placed in charity-run kennels, where it has remained since, pending the outcome of the case.

Gittins told police he was walking the dog on a long leash and it was his belief that the victim raised his arm, which led Duke to attack, for which he said he apologised several times.

Mr Thompson said the defendant told police the dog was trained to be aggressive to protect the owner’s son.

Asked by Recorder Legard as to the age of the dog, Mr Thompson said it had been in the owner’s possession since May 2022 and it had undergone intensive training, but it was thought to be at least four to five-years-old.

The court heard it had been the subject of a report to police a few months earlier over another dog bite attack in Ferryhill, but the victim in that case had not wanted charges brought.

Duncan McReddie, in mitigation, told the court: “Mr Gittins is 69 and a man of previous good character.

“He entered a guilty plea at the first hearing in this court.

“He’s a dog lover and did not recognise the characterisation of it being dangerous or aggressive.

“It was never aggressive to anyone in the household or other family members and Mr Gittins has never had issues controlling this dog."

Mr McReddie said it was the defendant's belief that the dog could, perhaps, benefit from further training.

"Mr Gittins has a degree of affection and a bond with the dog and is anxious to keep it.

"We do not properly know the circumstances of the earlier incident.

"He (the defendant) is willing to take what measures can be put in place to allow it to be safe in public and will submit it to be trained further at his own expense."

Mr McReddie suggested it could be made subject of the yellow jacket scheme in which an inscribed warning is made advising members of the public not to approach it, in future.

(Image: The Northern Echo)

Recorder Edward Legard said the latest incident came without warning or provocation.

"This incident caused the victim shock, anxiety, pain and he's said to be at a financial loss."

Addressing the defendant, he said: "You conceded Duke had been specifically trained to be aggressive to afford your son some protection."

Recorder Legard accepted the defendant had the dog leashed at the time and noted the Probation  Service report finding that the defendant is considered a low risk of committing further offences.

The Recorder made a six-month community order during which the defendant must undergo five days' rehabilitation activity work with the Probation Service.

Recorder Legard also ordered him to pay £1,500 compensation to the victim and £500 towards the costs of the case and the kenneling of Duke since it was seized by police.

Referring to the fate of the dog, Recorder Legard said: "The guidelines make it clear I must make a destruction order unless I'm satisfied it won't constitute a danger to public safety.

"Having considered all relevant circumstances I have concluded, albeit with a heavy heart, the dog in question does constitute a public safety danger and I have taken into account the dog's general temperament, it's past behaviour, including the previous biting incident.

"This was not an isolated incident and took place within a short time frame after the previous incident.

"Despite the dog being on a lead, it attacked, unprovoked, members of the public and it has developed an instinct to attack people.

"There's no evidence with that instinct that it can be prevented from happening again."

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Recorder Legard said he had to protect the public, particularly young members of the public.

"So, sadly and, as I say, with a heavy heart, I'm making a destruction order in respect of Duke, the German Shepherd."

But he did not, however, order any form of disqualification from keeping animals for the defendant.