A dog has been spared a death sentence after a sheriff ruled it does not pose a danger to the public.
Ruby, a female border collie, had bitten shopkeeper Christina MacGregor in Fraserburgh on November 16 last year.
Ms MacGregor, who works at the D&G Anderson grocery store on Gallowhill Road in the town, had been opening the shop when the animal bit her leg. She required no medical attention but was described in court as being “visibly upset”.
The dog’s owner, 40-year-old Marie Wiseman, of Queen Mary Street, Fraserburgh, appeared yesterday for sentence. She had admitted breaching the Dangerous Dogs Act in July and had begged for mercy for her companion.
Last night, Wiseman said she was glad she could put the incident behind her.
She said: “I’m delighted that it’s finally over. It has been hard, court case after court case – deferral after deferral.
“I don’t want to muzzle her (Ruby), but I have to.”
The case had previously been deferred so that an animal expert could report on the dog’s behaviour.
Yesterday, Sheriff Philip Mann heard the report found Ruby posed no danger to the public. However, it could not be ruled out that the dog would not bite again.
Fiscal Jonathan Ward urged the sheriff to take this into consideration.
“I don’t think the court can be satisfied on the balance of probability that the dog would not pose a danger. The accused has shown herself to be unable to control the dog,” he said.
But Sheriff Mann agreed with Wiseman’s solicitor, Sam Milligan, in passing a contingent destruction order.
Going forward, her failure to control the dog would allow for the police or dog wardens to order its destruction
Mr Milligan had told the court that the order would “suffice” in preventing another attack, with Wiseman having to leash or muzzle the dog in public places.
Sheriff Mann warned her: “If you don’t do that (comply with the order), you will have yourself to blame for the destruction of the dog.”
The sheriff additionally imposed a £200 fine which Wiseman, who is currently unemployed, will pay off in fortnightly installments of £10.
