Fate of ‘dangerously out of control’ dog hangs in the balance as ownership inquiries continue

The fate of a dog which bit the owner of another dog hangs in the balance after inquiries continue to establish its owner.

Sheriff Ian Cruickshank today (Wednesday) deferred sentencing in order to allow further information to be provided to the court.

Barry Coutts, 28, from Kenwood, Cunningsburgh, had already admitted being in charge of the black lurcher, when the incident happened at The Lounge Bar in Lerwick on 5th September, 2023.

Lerwick Sheriff Court heard last week how the dog was “dangerously out of control” and attacked another dog and bit that animal’s owner on the hand, when he tried to intervene.

The owner was taken to the Gilbert Bain Hospital to have his injuries treated, the court heard.

Defence agent Tommy Allan previously told the court his client had apologised to the complainer and that the lurcher had not been involved in any other incidents of a similar nature.

Sheriff Cruickshank said he would have to consider a destruction order but deferred sentencing for a week in order for Mr Allan to determine the ownership of the animal.

Returning to court today, the solicitor said the lurcher was chipped and registered with Coutts’ mother, who lives in Seaham, County Durham.

Although the dog stayed with Coutts “from time to time”, including when the offence happened, it usually resided with his mother, the court heard.

Mr Allan said he had been approached by someone in Shetland who was willing to provide a character reference for the animal.

He said he could make further inquiries to find out more about its temperament.

Procurator fiscal Duncan MacKenzie noted that Coutts previously said he’d had the dog for seven years - indicating he was the owner.

He said the court needed to ensure there was no attempt to “circumvent the law by transferring ownership of the dog”.

The fiscal noted that if a Shetlander was able to provide a character reference for the animal that too would suggest it  was a “habitual resident of Shetland and not Seaham”.

Regardless of the ownership issues, Mr MacKenzie said Coutts’ failure to control the dog was also of concern.

Sheriff Cruickshank said that as the sentencing guidelines could require the dog to be destroyed he needed to be provided with further information around its ownership.

He said the court could spare the dog if it was satisfied it would not present a danger to public safety.

Sheriff Cruickshank suggested a vet in County Durham may be able to provide further information on its temperament,

The hearing has been deferred until 19th February.