This was in spite of the fact that Crown Prosecutors claimed that six complaints of the dogs running loose around a residential area of Driffield had been made to police in the last six months.
Harry Swinn, 88, needed hospital treatment for bite wounds to his hands and arms after he was attacked by two Mastiff cross breeds of dog while trying to protect his own pet Sheltie in a residential area of Driffield back in March, a court has heard.
The dogs’ owner Paula Jeanette Edgington, 39, of Northfield Road pleaded guilty to two charges of being in charge of a dog and allowing it to be dangerously out of control in a public place and causing injury when she was brought before Bridlington Magistrates Court last Wednesday.
The court heard that Edgington had owned the dogs - a Bull Mastiff cross with Neopolitan Mastiff called Maz, and a De Bordeaux Mastiff cross with Neopolitan Mastiff named Blue – for two years and one year respectively.
Prosecutor Zoe Simpson told the court that at 2pm on March 14 Mr Swinn was walking his dog ‘Prince’ on Highfield Avenue when he was attacked by two dogs who were on the loose.
“He tried to protect his dog and in doing so he was attacked by the dogs. He was bitten on his arms and forearms. He lost two finger nails and was bleeding heavily when he was approached by a passer-by,” Ms Simpson said.
Mr Swinn’s neighbour Maurice Hardy was driving by when one of the Mastiffs ran out in front of his car. He drove on but decided to turn back to look for the dog’s owner.
“He saw a body laid on the footpath, the body was clutching a small dog. The dog that had run in front of Mr Hardy’s car seemed to be attacking the person and small dog,” Ms Simpson said.
“His arms were covered in blood and dog hair was matted in the blood,” she added.
The court heard that Mr Hardy pushed the dog away but it kept going back, and it was not until another neighbour arrived that they were able to keep the dogs away.
Mr Hardy took Mr Swinn to the Alfred Bean Hospital for treatment to his wounds.
Edgington called police to tell them her dogs had escaped from her home and her husband had been out to recover them.
In interview, on March 18, Edgington told officers that the dogs had a run in the garden but she was aware that Maz could escape from it and he could open doors.
“She believed that the dogs must have let themselves out,” Ms Simpson said.
The court heard that police had received six reports of the dogs escaping from their home and running around the neighbourhood within the last six months.
“There’s concern among local residents who live in the area,” Ms Simpson added.
In mitigation Vicky Lancaster said the dogs were popular with the neighbours because they were “just big huggy, friendly dogs” and the problem was not obedience but escapology.
Ms Lancaster told the court that the dogs were much loved pets of Edgington’s five children, all aged between eight and 18.
“These dogs are loved by all of them. The dogs don’t like other dogs and that’s quite a common thing with some dogs and certainly dogs walking by,” Ms Lancaster said.
“There’s no suggestion that these two dogs were going for the man. He scooped up his dog and fell over in the process and got caught up in it,” she added.
[Blame the victim mentality. It wasn't her dogs being aggressive killers. It is the fault of the victim. Haven't we heard that before?
Read: "Special place in Hell for American Bulldog owners who blame victim for his pet's death"]Ms Lancaster said since the incident a 6ft fence had been put up around Edgington’s garden with no gate, round door knobs had been fitted to the doors in the house, and the RSPCA and dog warden were satisfied with the modifications. The dogs now also wear muzzle leads when being walked.
“No-one wants to make light of this, not only of the prospect of having the dogs destroyed by also because of the old man.
“They can’t undo what’s happened but they can make sure it doesn’t happen again,” Ms Lancaster added.
Edgington breathed a sight of relief as presiding magistrate Lord Halifax announced that the court was not going to make a destruction order.
But they did make a contingent order – under which the dogs must not be allowed out in a public place without a lead and muzzle; and they must be under the control of an adult aged 18 years or over.
Edgington was also given a 24 month conditional discharge and ordered to pay court costs of £85.
Before concluding proceedings Lord Halifax said: “Take all the precautions that you can to make sure that this does not happen ever again and certainly not within the next 24 months.”
(Driffield Today - June 15, 2012)
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