No prosecution in dog attack causes outrage

Crown Office criticised after man mauled by dog off its lead

The Crown Office has been slammed for failing to prosecute in a dangerous dog case in which a man was bitten several times in Arbroath.

Alex Mackenzie, 28, was walking his mother’s cocker spaniel with his partner when they were approached by the husky-type dog which was off the lead in the Eastern Cemetery last March.

When the husky growled and then lunged at the cocker spaniel, Alex grabbed it by its collar, which then caused the large dog to turn on him.

It jumped at Alex’s face and bit him on the leg and arm, ripping his clothing and causing wounds so deep he required stitches.

When The Courier reported the incident, 6ft 4in Alex said the dog would have easily overpowered a woman or child.

The incident was reported to police but Alex was subsequently told the case had been dropped due to a lack of evidence.

Outraged no action had been taken against the animal or its owner, Alex’s sister Laura Robertson made a Victim Right to Review Application to the Crown Office asking why no action had been taken.

She said: “The attack on my brother was violent and unprovoked and happened in a public place. The dog is, by anyone’s standards, out of control. The dog is large, wolf like and very heavy.

“My brother struggled to stay upright during the attack and had it been myself or my mother walking our dog, we would have been unable to defend ourselves against the attack in any way, resulting in the dog potentially killing or maiming us and/or the dogs with us.”

The reply from the Crown Office said after “careful consideration” the prosecutor decided no action would be taken as there was “insufficient admissible evidence”.

It said that for a conviction under the Dangerous Dogs Act there had to be a previous indication that the dog would have acted in this way.

The letter said the dog warden had been made aware of the incident.

Laura said she was “frustrated” by the response and it meant nothing had been done about the dog.

“It is entirely unjust that responsible dog owners and the general public should live in fear of those intent on owning uncontrolled potential ticking timebombs,” she added.

“The attitude of the justice system in Scotland appears to be one of turning a blind eye and I for one am furious that nothing further has been done about this case.

“It is not a question of if this dog attacks again, it is when.”

The wounds suffered by Alex Mackenzie after the dog attacked him in Arbroath.