A German shepherd dog who bit a delivery driver on the hand has been shown mercy by a sheriff who decided against handing him a death sentence.
But Diego’s owner Janet MacFarlane was instructed by Sheriff Sara Matheson to keep him muzzled and on a lead when out in public.
Inverness Sheriff Court previously heard how Diego bit the worker through a gap in the gate, leaving him needing stitches.
In evidence led by fiscal depute Sharon Ralph, the delivery driver told the court that when he arrived at the property in Drumnadrochit on April 14 of last year the dog was initially called away by MacFarlane’s husband.
‘Beware of the dog, it may bite’
He said he did not notice the dog returning as he passed the parcel over to MacFarlane – but it was at this point that he was bitten through a gap in the gate.
“I said to the lady: ‘Your dog had just bitten me and she shrugged and walked away,” he said.
“I didn’t know it was there.
“She pointed to the fence and said ‘Well we have got a sign’.”
The court heard that the entrance to MacFarlane’s Balmacaan Road property featured three signs warning visitors about the four-legged residents, including one that said: “Beware of the dog, it may bite, you have been warned.”
MacFarlane, who was found guilty after trial in Spetember of having a dangerously out-of-control dog, appeared for sentencing after a police report on the risk the canine posed was provided to the court.
Delivery man to get £600 compensation
Defence solicitor John MacColl told Sheriff Matheson: “According to the legislation, the court shall not be required to order destruction if the court is satisfied that it is not a danger to public safety and considering the temperament and past behaviour of the dog.
“A police constable has provided sufficient information for your Ladyship to refrain from ordering destruction. It had never bitten anyone before and it is six years old now.
“The constable took the dog for a walk in a residential area and it did not react.
“My client and her husband were involved in a road accident and had the dog with them. Despite the traumatic experience, it was calm and compliant in the presence of police, fire and ambulance personnel.”
Sheriff Matheson also imposed a compensation order of £600 to be paid to the victim.
But she warned MacFarlane: “This is a contingent destruction order. It means the dog must be kept under control, if not, it will be destroyed.”