A rottweiler that attacked and killed a chihuahua in County Durham will no longer be destroyed after an appeal from its owner.
The six-year-old rescue dog, Chip, attacked the chihuahua in an alleyway in South Moor, Stanley on October 24, last year, as it was being walked by it's owners. Despite the chihuahua's owners attempting to save it from the rottweiler, it sadly died following the incident.
Chip's owner, Derek Wilkinson, 47, of William Street, South Moor, Stanley, was subsequently charged with being the owner of a dog dangerously out of control and pleaded guilty to the charge at Newton Aycliffe Magistrates' Court on April 5. Wilkinson was fined £80 and ordered to pay a £108 cremation fee for the chihuahua's owner. The magistrates also made a destruction order for Chip. But Wilkinson appealed the destruction order, and on Friday appeared at Durham Crown Court for an appeal hearing.
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Caroline McGurk, prosecuting, said Chip was "snarling" at the chihuahua’s owners during the incident and was unaccompanied and not wearing a collar. Wilkinson told police he had stayed out the night before the incident and when he got back the next day, he discovered Chip was missing from the compound opposite his home, where it stayed in a disused caravan.
The court heard that Wilkinson claimed someone must have let Chip out or left a gate open. Following an assessment of Chip after being seized by police, it was determined the dog represented a "biting risk" which was triggered by the presence of food and other dogs. The assessment also found that Chip appears less aggressive when he gets to know someone.
Katie Spence, defending Wilkinson, said he was making his home more secure and plans to move Chip into the house. She said: "The dog would never eat anywhere other than his home, he lives alone. There are no other dogs in the property while Chip is there and would never be un-muzzled around other dogs. He is an early riser and he will not walk the dog in public places."
She added: "The appellant got the dog from a kennel, he rescued Chip and has made significant changes to his home to make sure the dog can come home and be safe and cause no harm to the public. No one else will be feeding or walking him."
Following deliberation, Recorder Carl Gumsley, upheld the appeal and lifted the destruction order. Wilkinson must not allow Chip out in public unless Chip is muzzled, on a suitable lead, and in the care of someone aged 25 or above. Chip can only be let off the lead for exercise on secure, privately-owned land with the permission of the land owner. Recorder Gumsley added that if these measures are complied with, Chip will not be destroyed.
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