Scotland’s first Green Party councillor has abandoned a tug-of-love legal battle to reclaim his pet dog from a north-east animal charity.
Roger “Rory” Winter launched a civil action against the Banff and Aberdeenshire Rescue and Rehoming Kennels (BARRK), claiming it had wrongfully re-homed his German shepherd Frodo.
The nine-year-old dog was impounded when Mr Winter, from Banff, was taken into police custody last year. The 65-year-old faced allegations that he failed to keep his dog under control and allowed it to bite a 14-year-old girl.
The charge was later dropped, but Frodo was never returned to Mr Winter.
The former Highland regional councillor has now revealed he ditched his civil court bid after learning that Frodo was in poor health.
“I’ve already lost him once,” he said. “I don’t think I could bear to have him back home, just to lose him again.”
When Barrk refused to give Frodo back, Mr Winter raised an action at Banff Sheriff Court.
Following his decision to drop the case, Sheriff Philip Main has brought an end to the matter with a decree of absolvitor, meaning the case was won by Barrk and Mr Winter cannot raise his action again.
Mr Winter said last night: “I was all ready to fight this to the end, but I received a note from Barrk telling me that Frodo had been examined by a vet and was found to have Degenerative Myelopathy – an incurable spinal disease.
“I didn’t want to get him back home only to have to say goodbye to him,” he said. “In the circumstances, I thought it was kinder to leave him with the foster carers where I believe he will be cared for for the rest of his life.” He said he wanted to be given Frodo’s ashes when the time comes.
Mr Winter, who was elected as the Green Party’s first councillor in 1991, described his experiences with Barrk as “horrendous”.
The charity’s Liz MacKenzie said: “In our 17-year history, this is only the third time we have had to have a dog removed from its adopter.
“The main thing is that Frodo is very happy in his new home and is getting the treatment which he needs, which is being funded by Barrk.”