Owner of killer dog ordered to pay £575

Reporter: Beatriz Ayala
Date published: 21 June 2011


A DOG-OWNER whose bull mastiff cross killed her neighbour’s Jack Russell terrier has been ordered to pay £575 in fines, costs and compensation.

Sindy Warburton (23), of Aldred Street, Failsworth, pleaded guilty to owning a dog that was dangerously out of control in a public place.

She was also issued with a control order for Max, her five-year-old bull mastiff type. But the dog will not be destroyed as it did not attack a human.

Oldham magistrates heard yesterday that on May 4 this year, James Crossley, accompanied by his dog Rocky, was taking his bins out into a communal area to the rear of his property with his three-year-old son when Max ran out of the neighbouring back yard, grabbed Rocky in its mouth, and started to shake it.

Mr Crossley put Max into a headlock a number of times to get it to release Rocky, which it did before going back into its own yard. The dog was taken to a vet but died from the injuries.

In a statement, Mr Crossley said the family was devastated by Rocky’s death as it had been part of the family since it was an eight-weeks-old pup.

He said he felt lucky that neither he nor his son had been attacked.

The court heard that one neighbour told police there had been previous incidents involving Max.

However, Laura Ward-Jones, defending, said there was no evidence of this.

She said: “Max had escaped into the communal area by moving a washing line which Miss Warburton had used to close the gate as she went to put out some rubbish.

She said Max had caused the fatal injuries after taking exception to Rocky jumping up to play.

A police assessment of Max said it was not an aggressive dog.

Mrs Ward-Jones said her client felt dreadful about what happened but wanted Max, who was staying at a friend’s address, back home with her.

Magistrates ordered Warburton to pay £360 compensation, £115 fine, £85 court costs and £15 victim surcharge.

They issued a control order which said Max must be muzzled whenever outside the house, including in the back yard, and must be on a lead in a public place.

The order also stated that Warburton’s back yard must be made secure, and the gate must be secured at all times when Max was in the yard.

Graham Sinclair, chairman of the bench, said: “Obviously, this must have been a very distressing occasion, especially with children being around as well.”