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Dangerous dog Max back in trouble after Banff businesswoman let him off the lead

Margaret Driver.
Margaret Driver.

A dangerous dog previously threatened with destruction following a “biting spree” in Banff is back in trouble again.

Staffordshire bull terrier Max hit the headlines after he attacked three dog owners and their pets on three different occasions while out and about in the town.

But, just four months after a dog control notice ordered that Max be muzzled and kept on a lead when in public areas, he has been involved in another attack.

New owner Margaret Driver failed to comply with the order and let the brown and white dog run loose at Duff House, Banff Sheriff Court was told.

The businesswoman allowed Max off his lead within the ‘Bears Den’ penned-off area at the historic Banff grounds and he ran towards another dog and attacked it.

 ‘Bears Den’ dog pen near Duff House in Banff, Aberdeenshire

Driver’s 40-year-old son Kieran White was Max’s previous owner and was in charge of him during the earlier attacks. 

On Christmas Day 2020, Max left one woman needing medical treatment after he launched himself from a garden and bit the dog walker’s leg and refused to let go.

The Staffie also caused another dog to need vet care after he inflicted “several puncture wounds” on its tail during an attack on January 24 last year.

Another dog and its owner were bitten in a third incident exactly one month later when Max lunged at the man, biting his arm before being led away only to break free and bite the man’s dog and shoes.

The court was the former rescue dog had a distressing past, involving mistreatment, and crime.

White is awaiting sentencing for the earlier incidents and the dog was taken from him and placed in the care of his mum instead.

Failed to stick to muzzle and lead rule

Fiscal depute Jennifer Pritchard said the latest attack happened on June 11 last year, four months after a dog control notice had ordered that Max be muzzled and kept on a lead in public areas.

Max’s victim briefly spoke with Driver when she approached the Bears Den area with her own dog, who was on a leash, and Max was running loose inside.

“She spoke with the accused asking if her dog would be okay, to which the accused responses that she was not sure,” the fiscal said.

“The woman entered the area at which time the accused’s dog ran towards her dog and began to attack it. She bent down in order to pick up her dog at which time she received an injury under her eye.

“She shouted at the accused to help, which she eventually did and managed to get a lead on her dog. The accused then provided her contact number and offered to pay the vet bill.”

The dog received stitches at the vet and Driver paid for its treatment.

Driver admitted to having a dog dangerously out of control and failing to comply with a dog control notice.

‘There’s an unwritten rule’

Her defence agent Stuart Beveridge said she hadn’t realised that the Bears Den area constituted a public place.

He said: “It’s gated and there’s an unwritten rule that you don’t let another dog in there without first checking that it’s okay if there’s another person in there at the same time. It’s an area specifically for letting them off the lead.

“Mrs Driver thought she was going the right thing by the dog. She was walking it on a lead and keeping it on a muzzle when in places like streets or pavements.”

He said the businesswoman, who set up Retro Rooms within the Mercat in Banff’s Low Street, was widowed around the time of the incident and had since struggled to keep the business going through the Covid pandemic.

“It has been accepted that the dog didn’t attack the woman, the injuries were collateral damage,” he added.

The court previously heard that the very sight of Max left other Banff dog walkers scooping their pets into their arms in fear.

Max is a Staffordshire bull terrier.

White, of Duncan Street, Banff, admitted three charges of having his dog out of control in a public place.

White’s defence agent Peter Keene previously told the court Max had been mistreated and involved in a life of crime before he “landed on all four paws” when White rehomed him and “lavished it with love and adoration”.

Sheriff McDonald had previously said “destruction is the default” he had to initially consider with regards Max’s future.

But he later heard that an independent dog report suggested the issues were with previous owner White rather than Max himself.

Sentencing Driver, he told her: “Overall, I am satisfied you are a suitable person to be looking after the dog.

“On this occasion, you were of the mistaken impression that it was okay for you to have the dog off the lead in that location. The trouble is when another person came in, whether they understood the unwritten rules or not, you should have put the muzzle and lead on.”

He fined Driver, of Water Lane, Banff, £260 and reimposed a dog control order meaning Max must be kept on a lead and in a muzzle when in public areas.

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