A WOMAN who suffered multiple bite injuries in a dog attack as she worked in the Eden Valley garden of its owner feared she would be killed, a court was told.
The professional gardener involved, who had been hired to work at the garden in Kirkby Stephen, suffered at least ten bite wounds during the “terrifying” incident, Carlisle Crown Court heard.
Paul Holroyd, 60, admitted being the owner of a dog which caused serious injury while dangerously out of control.
Prosecutor Tim Evans outlined the facts.
He said the victim of the dog attack had been to the defendant’s garden several times previously as it needed “significant work” but she was enjoying the challenge.
She recalled noticing the dog during her first visit to the property.
“The first thing I was aware of was how manic the German Shepherd dog was at the patio doors,” the woman told police.
“Even with an owner next to him, he was frantically jumping at full height against the glass doors with his behaviour unchecked.
“It was extremely unnerving as the doors were moving against the force.
“However, as he was kept inside, it didn’t stop me accepting the job and I started that week.” During her visits, she said, the dog – called Rebel – repeated the aggressive behaviour.
On June 23 last year, the Friday before the attack, after another visit, the woman was again concerned about the dog’s aggression – so much so that she raised this in a text to Holroyd.
‘I felt like I was going to die’
On the Sunday itself, she went to the property and let herself into the garden. Mr Evans said: “She was immediately aware of the dog at the patio window, where it was barking and being aggressive.”
Believing Rebel was safely inside the house, she began working but a little while later realised the dog was right on top of her.
Mr Evans said: “Because she was on her knees and could not run away she stumbled on to her back.
“As she puts it: ‘This was when the dog start taking bites out of me. The dog continued to bite me and attack me and showed no signs of stopping.”
She scrambled to her feet and ran to the garden gate ten meters away. When she ordered the dog to sit, the attack ceased for a short while but Rebel then resumed the attack.
She finally escaped from the garden, though even then she feared the dog would leap over the gate.
Mr Evans described the victim’s injuries: two bites to her right thigh, two on the right of her stomach, one bite to left thigh, one to left side of the stomach, and four or five puncture wounds to her right arm.
She later said: “During this incident I felt like I was going to die, and that dog was more of a wild animal.”
The dog ‘knocked the locked patio handle’ to get out
When interviewed by the police, the defendant described the dog as ‘very strong’ and said it was trained to obey basic commands.
He said the dog was “okay with people but needed to be introduced to them first. On the day of the attack, Rebel escaped by knocking the locked patio handle.
Jeff Smith, for Holroyd, said the defendant, who had never previously been in trouble, suffered life-changing injuries several years ago in an accident in public service.
The defendant and his partner believed they had taken “reasonable and sensible steps” to protect people from Rebel, said the lawyer. The injured woman must have been terrified, accepted Mr Smith.
There were no previous incidents with the dog.
Judge Michael Fanning accepted that there was nothing in Holroyd’s character that suggested he was anything other than a fit and proper person to own a dog.
But owners of dogs the size of Rebel must ensure the safety of anybody who may encounter it inadvertently, he said.
Describing German Shepherds as guard dogs which are powerful, the judge said inattention had put Rebel in a position where it could escape though the judge was not sure Holroyd could have foreseen this.
“That said, these dogs can kill,” said Judge Fanning.
But he noted that the police had not found it necessary to remove Rebel to kennels after the incident and there was no prior indication of a danger. Judge Fanning awarded the victim compensation of £2,000 and fined Holroyd £150.
He also imposed a “contingent destruction order” which means that Rebel will not be destroyed provided certain conditions are abided by. Those conditions are:
The dog must when in public be muzzled and, on a lead, and in the care and control of an adult.
The dog must have third party insurance within 28 days
All gates allowing access to the defendant’s property in Kirkby Stephen must be secured including with locks
And when people at the defendant’s property, he or his partner must be present to supervise the dog.
Rebel is currently four and a half and has been owned by the defendant since the dog was a puppy, the court heard.