Dino, a 5yr old German Shepherd was sentenced to die by Northampton Magistrates Court in July 2001. Following a minor incident in January 2001, owner Carole Lamont was charged under Section Three of the DDA (dog dangerously out of control in a public place) and advised by her solicitor to plead guilty. Dino had got into a fight with a cross terrier and during the scuffle the terrier’s owner received a bite to her thumb whilst separating the two dogs. Dino was said to have been the dog which bit the thumb during the fracas and the only witness was the owner of the other dog. Owners Carole and Bryan Lamont asked Trevor Cooper (specialised solicitor) to take their case and he lodged an Appeal which was heard by Northampton Crown Court in September 2001.
Despite several reports testifying to Dino’s excellent temperament, the fact that he had never before been involved in any type of incident, had never shown any form of aggression to anyone or any other dog, Recorder Edelman upheld the decision stating that “Dino had attacked the other dog without any provocation and continued to pose a danger to public safety”.
High Court Appeal: Dino’s determined family didn’t relinquish their quest for some justice and Mr Cooper Appealed to the High Court for a Judicial Review, but on November 12th, Judges Lord Justice Laws and Mr Justice Crane upheld the decision.
The High Court rejected the request for a Judicial Review but agreed the Lords should be given an option to hear the case.
Their Lordships agreed to certify “points of law of general public importance” . The Dino case ruling alongside the DDA 1997 Amendment where to be examined by the very highest Court in the UK—the House of Lords.
In preparation Mr Cooper had complied a collection of 40 similar Section 3 DDA cases post DDA Amendment which had resulted in a ‘guilty’ verdict. In these cases only five out of 40 had received destruction orders.
The legal team comprising Trevor Cooper, Lord Gifford and Shiraz Rustom where invited to pose three questions to the Lords. Part of the questions asked whether the DDA was compatible with the rights of all citizens to quiet enjoyment of their private property (their dog), under the European Convention on Human Rights.
The questions lodged to the House Of Lords considered the detailed points of the ruling.******************************
The outcome of this case affects EVERY dog owner in the country — it determines exactly what constitutes ‘dangerously out of control in a public place’.
A new precedent has been set which now affects all new cases brought under Sec 3 of the DDA.
********************************Further disappointment: In yet another devastating blow in over 18 months of legal torment for the Lamont family, the House Of Lords refused the Appeal. No reasons were given.
Their daughters have braced themselves on many occasions expecting a knock on their door at any time from officials coming to seize and destroy their beloved dog.
The same dog which has continued to happily live throughout all this time as part of his family unit - obviously unaware he has been condemned as a threat to public safety.
Meanwhile, the real threat to public safety, that which goes on two legs, continues to injure and kill in every city throughout the land.
Is this really how we wish our tax payers money to be used?
Do you feel safer now that the highest court in the land has condemned man’s best friend—for just acting as dogs sometimes do, any dog could be condemned just like Dino.Europe-Last hope: Trevor Cooper is preparing an application to Europe and is currently consulting with specialist barristers. As we know, this can be a long slow process. Finances permitting, the application would need to be lodged within six months.
Dino Appeal: An appeal fund was launched to help with the legal costs. So far just over £2,000 has been raised.
EDDR held a jumble sale in May 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.
As well as writing to your MP (Don't know who your local MP is? Click HERE) you can also help by making a donation to the Dino Appeal. Your cheque/postal order should be made payable to ‘Cooper & Co’ and posted — C/O EDDR Ltd, (Dino Appeal) PO Box 1544, London W7 2ZB. Your letters will be forwarded to Cooper & Co. solicitors.
All funds received will be paid into a designated client account.
Section Three-statistics:We contacted the Home Office and requested recent data, they where able to supply statistical information relating to all sections of the DDA legislation. Here are the figures for two parts of Section Three:
Sec. 3 (1) (non aggravated) allowing a dog to be dangerously out of control in a public place—no injury being caused;
• 1999 — 254 prosecutions
126 convictions
• 2000 — 266 prosecutions
130 convictionsSec. 3(1) (aggravated) allowing a dog to be dangerously out of control in a public place, injuring any person;
• 1999 — 449 prosecutions
262 convictions
• 2000 — 458 prosecutions
260 convictionsStaffordshire Police Force data excluded.
Crime & Criminal Justice Unit Home Office.
In Court or In Need of Advice:
* John Blanchard, from the Isle of Wight, was charged under section Three of the DDA after his 7lb Toy Poodle tore a man’s trousers. Levi the Toy Poodle was being walked through a busy shopping area in Newport when he became frightened and bit a man’s trousers, the man’s leg was not touched. Local behaviourist Jan Jacobs examined Levi and her report was submitted to the Court as part of Levi’s defence. The prosecution agreed to proceed under the Dogs Act 1871 which should be used for minor offences rather than the draconian DDA. A control order was imposed.
* A dog owner resident in Italy and moving back to England contacted EDDR to find out if her ’pit bull’ could come with her. She had been informed that her dog would be safe as long as it remained muzzled and leashed in public. We gave full advice and accurate information. The owner was very disappointed and never realised that the UK had such harsh restrictions.
* Many internet enquiries requesting information on the UK DDA have continued to arrive. Misinformation is common, we receive many letters, for example, students researching data on the Act, dog owners caught up in disputes, stray dogs which resemble a ‘type’, families looking to move back to the UK with their dog which may come under the legislation. Time is spent each week answering these enquiries.
* Advice given to dog owner concerning an incident where a teenager pushed his leg through a wooden padlocked garden gate. In the garden was the owners Boarder Collie who ripped the leg as it appeared. The boys parents wanted the dog put to sleep. The case has now been settled—the dog is fine.
* “Thanks for all your advice and help” was the message left on one of EDDR’s telephone helpines. A 4yr old Ridgeback had been taken out to the park by a families teenager son—against the strict instructions from his parents (on account of his age), one of whom had been ill in hospital for a week. The dog is very friendly and gets over excited easily. When he met a group of children playing in the park he landed himself in trouble as soon as he jumped up and knocked over a girl sending the others running and screaming. Destruction was initially sought. A control order was later imposed.Overseas-In brief:
* Luxembourg: has declared that they intend to introduce breed specific law within the next six months. The legislation proposes to ban several breeds. EDDR is presently contacting the Luxembourg authorities.
* Austria: Theresa Villiers MEP requested us to write to a number of politicians considering breed specific legislation in Austria. Letters have been forwarded to six leading politicians.
* Spain: has recently introduced restrictions on 8 breeds of dog. Those targeted include the same ones banned under the UK DDA and in addition the Akita, Am staff, Rottweiler and Staffordshire Bull Terrier. Restrictions include compulsory leashing and muzzling in public.* American Airlines have recently restricted specific breeds from their airplanes. Those banned include the APBT, Bull Terrier, Doberman and Rottweiler. The ban follows an incident on a Boeing 747, where a dog escaped from a travelling crate and chewed through the luggage compartment causing damage to wiring. AA claims that the list of restricted breeds was ’based on past events’ and ’information from various published lists, including veterinary expertise and the insurance industry which lists certain aggressive breeds as a liability’. Other Airlines could follow.
Organisations including the American Kennel Club and dog owners worldwide have contacted American Airlines to oppose their policy. Contact American Airlines President Mr Gerard Arpey at PO Box 619612, Mail drop 2400, DFW Airport, TX 75261-9612 or e-mail GerardArpey@AA.com.Rescue:
We currently have ten rescue dogs resident with us.
Thank you to all those who have helped and continue to donate items such as blankets, dog food and clothing for jumble sales.
Cracker: One of our long term residents, registered under the DDA but still enjoying life to the full. Loves to play with other dogs and enjoys a car ride.
What would have been the fate for this poor old dog subjected to BSL if EDDR hadn’t stepped in?
The vet refers to her as the ‘lovely old lady’ & the nurses always make a big fuss of their ‘special girl’.
Animal Welfare Bill:
The Government’s proposed Animal Welfare Bill has excluded the infamous Dangerous Dogs Act.
There was a consultation period during which time dog owners and organisations including the Kennel Club contacted DEFRA (the Department for the Environment, Food and Rural Affairs) to request that the DDA be at least considered by the Government during it’s review.
Letters and information concerning the DDA have been submitted to the Animal Welfare Division.
Fireworks:
Individual dog owners, organisations and MPs continue to campaign for the stricter control of firework use and sales.
The nightmare continues with the noise in many areas deafening and relentless. Wildlife, domestic animals, people, we all suffer with the torment lasting late into the night, through the night, week days and weekends. There seems to be no end to it. The fireworks themselves are becoming louder, the ground shakes and you are left wishing for your own bomb shelter at the end of your garden. At least we understand what is happening, our dogs are often left in a frenzy, pacing, quivering, shaking, some pushed to breakdown, night after night.
A petition bearing 40,000 signatures asking for a ban on private fireworks sales was delivered to 10 Downing Street in 2001. Another petition has been circulated this year and has received over 130,000 signatures. For further information see National Campaign for Firework Safety.
Barry Gardner, Labour MP for Brent North, introduced a ‘10 Minute Rule’ commons debate on 8th January this year, discussing the regulation of firework sales. Joan Ryan MP also tabled a ‘10 Minute Rule’ the commons debate discussed a ban on the sale of fireworks to the public. John Barrett MP tabled an ‘Early Day Motion’ which was signed by 84 MPs.
EDDR supported Julia Clugson who organised a demonstration outside the House Of Commons on Friday 15th March. Despite heavy rain, there was a good turnout with representatives from the NCDL, Blue Cross, PDSA and other animal groups in attendance. Following the peaceful demonstration and media interviews a meeting was held at the Jubilee Rooms inside the House Of Commons. Two MPs where present and speeches where heard from several organisation’s. It was agreed that the pressure on Government must be continued with the aim towards a Bill which would impose stricter controls on the sale and use of fireworks.
David Crausby, Labour MP for Bolton North West, has raised the issue and is very concerned with the misuse of fireworks. He proposes a private Members Bill to restrict the use of fireworks to public displays. Constituent Melanie Willcock of Fireside Bull Breeds Advisory Service in Bolton has been complying letters of support from dog owners. EDDR has also collected and forwarded letters of support from many dog owners who have encountered terrible difficulties with their dogs as the firework season expands each year.
So before the explosive season begins—please write to your own MP and share your experiences. We don’t want to ruin peoples fun, but lets just gain some control and reduce the damage they’re needlessly causing.
Comments/Information Write to:
EDDR
Telephone/Fax: 0870 777 9295
E-mail: enquiries@EndangeredDogs.com
