Canine News & Dog Law Update - October 2004
Dino the German Shepherd Dog
Good News: Dino Is Saved by Judge!
Dino the seven
and a half year old GSD has been saved following a historic legal ruling
on Friday 15th October 2004.
Readers will be familiar with the long running Dangerous Dogs Act (DDA)
Section Three case featured in our past Newsletters and updates.
Dino was out
being exercised when he got into a altercation with another dog - Ralph
a terrier, Ralph’s owner, Mrs Coull, was bitten on the hand during
the fracas as she tried to separate the two dogs. It was an isolated incident.
Owner Bryan Lamont originally pleaded guilty, as advised, before Northampton
Magistrates Court under Sec. 3 (1) of the DDA, a £100 fine plus £2552
compensation was imposed but surprisingly the court also order Dino must
die.
Following the Magistrates Court hearing solicitor Trevor Cooper was engaged and began a long legal battle to overturn the destruction order originally imposed. Appeals were lodged all the way to the House of Lords, every legal avenue was exhausted before an application was lodged with the European Courts, but this was rejected in April 2004. Dino and his family were caught amidst a legal nightmare but their gritty devotion would eventually win through.
All doors seemed to have closed for Dino but his determined owners, experts, legal team and dog owners everywhere never gave up on him, Trevor Cooper applied to the Criminal Cases Review Commission on 22nd April 2004, expert evidence had been supplied by Mike Mullan, Dr. Roger Mugford and Trevor Turner MRCVS. All had agreed that Dino posed no threat to public safety and was a well looked after and much loved family companion.
The Commission was set up in 1995 to review cases of alleged miscarriages of justice. It was historically the first time that a case under the DDA or any case involving a dog had been before them, they referred the case back to the Crown Court and the appeal against the destruction order was heard at Northampton Crown Court.
It was a very
tense day in Crown Court, there was huge media interest and all hopes now
rested with the decision of His Honour Judge Patrick Eccles QC and two Magistrates.
The Court was shown a video of Dino and was also very impressed with the
Lamont family and their continued good care of Dino.
Mr Eccles QC read out a statement to the Court before pronouncing his decision,
he stated that:
“Every dog will have his day-Mr Lamonts devotion to his certainly allowed Dino his day in Court. If a Scotsman with deep pockets and spirit takes on the judiciary to vindicate his dog, the contest is likely to be vigorous and prolonged. Dino had spent half his life on canine death row, happily without consciousness of the awful fate that might await him.”
The Appeal was
allowed and Dino was reprieved, the Court had at last ruled in Dino’s
favour !
A control order was imposed and the defence team negotiated the details.
Behaviourist
Mike Mullan had relentlessly supported the case and raised funds for the
Dino Appeal, bringing his plight to dog owners all over the country.
Cards and letters offering support and good wishes had been received by
the Lamont family from all over the UK.
EDDR had raised £522 through its supporters which had also been donated
to the Dino Appeal.
The Lamont family expressed their thanks to everyone who had supported them over the past three years – Dino is off death row and Justice has at last been served
Thank you all.
Press Articles:
Daily Mail - Death row dog dino granted reprieve.
Times Online - Dino the death row dog reprieved by judge.
BBC Newsround - Court battle saves Dino the dog
The Telegraph - Judge saves Dino the dog from death row
The Independant - After 3 years and £60,000, dog gets death row reprieve
Dino - News Update 2003:
Any news
we have on the case will be posted to the web site for readers, as so many of
you have contacted us requesting information on the case and asking how Dino
is.
Here follows the latest Dino Update from case solicitor Trevor
Cooper (March 2003):
'We have not yet received a preliminary ruling from the European Court as to
whether this case can proceed to a full hearing. Apparently they have a huge
back-log, and it could be a further 6 months or so.
In the mean time, Dino is alive and well and still living with the Lamonts.
Naturally, there has not been a single incident.'
Dino Appeal: An appeal fund was launched to help with the legal costs. In December 2002 just over £4,000 had been raised.
EDDR held a jumble sale in May 2002 and donated the proceeds of £75 to the Dino Appeal.
On June 16th two EDDR supporters participated in the London
to Brighton sponsored cycle event. They managed to finish the course with
aching legs and sore rears, raising £105, which we have also forwarded
to support the Dino case.
A further £307 was raised through our Newsletter and donated in November
2002 and £35 in December 2002.
Totaling £522 for the Dino Legal Appeal!
A big Thank You to everyone who has helped.
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