Highland woman warned she must keep her German Shepherd dog under control after it bit delivery driver’s hand
A German Shepherd dog who bit a delivery driver on the hand has been shown mercy by a sheriff who decided against ordering that the animal should be destroyed.
But 66-year-old owner Janet MacFarlane, was instructed by Sheriff Sara Matheson to keep Diego muzzled and on a lead when out in public and to ensure it was always under control.
Sheriff Matheson also imposed a compensation order of £600 to be paid to the victim. She warned MacFarlane: "This is a contingent destruction order. It means the dog must be kept under control, if not, it will be destroyed."
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Sentencing on MacFarlane, who was found guilty after trial by the sheriff of having a dangerously out-of-control dog, had been deferred several times by the sheriff due to the accused's ill health and the sheriff wanting a police report on the risk the canine posed.
Defence solicitor John MacColl told Inverness Sheriff Court: "According to the legislation, the court shall not require to order destruction if the court is satisfied that it is not a danger to public safety and considering the temperament and past behaviour of the dog.
"A police constable has provided sufficient information for your Ladyship to refrain from ordering destruction. It had never bitten anyone before and it is six years old now.
"The constable took the dog for a walk in a residential area and it did not react. My client and her husband were involved in a road accident and had the dog with them. Despite the traumatic experience, it was calm and compliant in the presence of police, fire and ambulance personnel."
The trial heard that Diego bit the worker through a gap in the gate at MacFarlane's house in Balmacaan Road, Drumnadrochit, on April 14 of last year, leaving him needing stitches.
But when the man pointed out to MacFarlane what had happened, she simply “shrugged and walked away”, the court was told.
He said he did not notice the dog returning after Mr MacFarlane had called it away as he passed the parcel over to the accused.
The driver added: “I said to the lady: ‘Your dog had just bitten me’ and she shrugged and walked away,” he said. “She pointed to the fence and said: ‘Well we have got a sign’.”
The court heard there were three signs warning visitors, including one that said: “Beware of the dog, it may bite, you have been warned.”
MacFarlane told the court the signs were not hers and had been at the property when she moved in. She denied it referred to Diego who she described as "a beautiful good-natured dog".
Police were called and MacFarlane replied to the charge that she usually put the dog in the car when people called because his barking made it difficult to talk with callers.
MacFarlane confirmed in evidence that she had installed wire to block the gaps in the fence since the incident.
When delivering her guilty verdict, the sheriff noted the dog’s “failure to follow commands” and MacFarlane’s habit of putting Diego in a car suggested it was “necessary to control it”.
