Judges confirm destruction of dog
APPEAL judges have rejected an attempt to save a dog from a death sentence, in a case supported by the Faculty’s Criminal Appeal Service.
A sheriff ordered the destruction of Eva, a Bullmastiff, which bit another dog and its owner.
Eva’s owner was refused leave to appeal, but an animal charity, Olive’s Fight Against BSL (breed specific legislation), took up her case and, with free assistance from the Criminal Appeal Service, an application was made to the Scottish Criminal Cases Review Commission.
The Commission referred the case to the High Court, for it to consider substituting a contingent destruction order, under which requirements for control of the dog could be imposed and destruction would take place only if these requirements were not met.
After a hearing, Lord Carloway, the Lord Justice General, and Lords Drummond Young and Turnbull ruled at the Appeal Court that the appeal must be refused.
They held that the approach of the sheriff and the Sheriff Appeal Court at sift had been correct under the Dangerous Dogs Act 1991. The judgments are here