Dog owner to pay up for postwoman bite

Post by **TrueBlueTerrier** » 15 Oct 2008, 18:10

http://www.eadt.co.uk/content/eadt/news ... 3A17%3A010

A DOG owner has been ordered to pay £1,000 in costs after a court ruled that his pet had bitten a postwoman.

Edward Waike-Pawsey, of The Street, Gosfield, said he was now considering appealing against the ruling, made by magistrates in Chelmsford yesterday.

The prosecution was carried out by Braintree District Council after Mr Waike-Pawsey's Lhasa Apso dog, named Yogi, bit postwoman Kim Rees's leg on May 29 as she waited on his doorstep while his partner signed for a letter. Ms Rees suffered a puncture wound and bruising and complained to the council about the incident.

Mr Waike-Pawsey told the court that the dog belonged to his partner, Janine Golding, but magistrates found that they co-owned the animal and handed him a dog control order.

During the hearing Ms Golding also insisted that the dog was hers, that he had simply put his paws on the postwoman's thigh and at no point had he bitten her.

She told the court: “He jumped up in a playful way. He doesn't react to strangers in a bad way at all. I knew he wasn't keen on the postal service - he doesn't like the letter box.”

Despite her pleas, magistrates approved the complaint and noted that Mr Waike-Pawsey had failed to respond to letters from council asking for a meeting to discuss the incident.

Lloyd Chapman, chair of the magistrates, said: “We do not take this matter lightly. We find that Mr Waike-Pawsey was at least a co-owner of the dog.

“Yogi was dangerous and out of control and a particular danger to anyone knocking at the door - particularly a postal worker.”

Speaking outside the court after the hearing, Ms Golding and Mr Waike-Pawsey said they were planning to appeal the decision and that Yogi had been victimised for being friendly.

Ms Golding, who said she had bought the dog against her partner's wishes five years ago, said: “We're really upset with the result.

“I know he didn't bite the post lady - I'm not a liar and Yogi was actually being friendly. I feel he's being victimised for being friendly.”

A Braintree District Council spokesman said it was pleased with the outcome and hoped Mr Waike-Pawsey would now control the dog to prevent any further incidents.

He said: “It is a pity that it has taken a court case and all the subsequent costs for him to realise that he must accept responsibility for his pet at all times.

“Visitors to a property should not be at risk from being bitten, particularly when it is in the normal course of their work.

“Mr Waike-Pawsey has been given ample opportunity to ensure the dog in his household is kept under proper control.”

NWpostie · Post by **NWpostie** » 15 Oct 2008, 19:58

All dogs owners make excuses for their dogs, "My dog never bites", "never acted like that before" etc

I'm sure Medical evidence in this case says otherwise, the Council would not have acted when they did if that wasn't the case.

smokerjim · Post by **smokerjim** » 15 Oct 2008, 20:39

NWpostie wrote:All dogs owners make excuses for their dogs, "My dog never bites", "never acted like that before" etc I'm sure Medical evidence in this case says otherwise, the Council would not have acted when they did if that wasn't the case.

Most councils don't bother - even if you have a hospital report, so well done to Braintree DC

- but why hasn't the paper given balance by asking the council or RM for their opinion - and there'll always be a rent-a-gob ready with a quote at RM

dunposting · Post by **dunposting** » 19 Oct 2008, 18:04

Why a £1000. Make it £10,000 and customers may take more notice.

DGP1 · Post by **DGP1** » 19 Oct 2008, 18:12

http://www.dogsindepth.com/nonsporting_ ... _apso.html

I've been bitten by a dog like this

nasty, pampered, vicious wee sh1tes

NWpostie · Post by **NWpostie** » 19 Oct 2008, 22:04

Kick them on the nose and squirt pepper spray in their face
If the owner don't care about my fingers I don't care about their Letters or dogs

brothermagrew · Post by **brothermagrew** » 20 Oct 2008, 15:38

NWpostie wrote:Kick them on the nose and squirt pepper spray in their face
If the owner don't care about my fingers I don't care about their Letters or dogs

NWpostie
Would suggest that you do a google search relating to Billy Ace postman and the hardships that followed when he kicked a dog that was aggressive!

Post by **TrueBlueTerrier** » 20 Oct 2008, 15:54

http://www.independent.co.uk/news/uk/th ... 24206.html

PA
Tuesday, 21 March 2000

A postman accused of injuring a Yorkshire terrier by kicking it across a patio had the charge against him dropped on health grounds.

Billy Ace was charged with causing unnecessary suffering to the family pet, which had to be put down after fracturing its skull in the incident.

But the RSPCA, which brought the prosecution, told Swansea Magistrates it wanted to drop the case because the postman has a heart problem and was not fit to stand trial at the moment.

Afterwards, RSPCA spokesman Huw Evans said: "It's not a satisfactory outcome because we do believe Mr Ace was guilty, however we do wish him a speedy recovery."

In a statement issued through solicitor Graham Jones, Mr Ace said afterwards: "I have throughout these proceedings maintained that my actions were reasonable and feel that the evidence heard by the court before I became unwell wholly vindicated my position.

"The fact that prosecution witnesses had been bitten or assaulted by this dog in addition to those who came forward and volunteered to give evidence on my behalf support my position that the dog was aggressive and on occasions out of control."

A Royal Mail spokesman added: "We accept the decision of the court and our main concern now is that the postman Billy Ace is given time to recover quietly and peacefully."

He added the Royal Mail had carried out its own investigation into the incident after which it brought no action against the postman, who has received threats after the incident.

Mr Ace, 46, of West Cross, Swansea, kicked the three-and-a-half year old Yorkshire terrier, named Ria, in June last year as he was delivering mail to its owner's home in The Mumbles.

Dog owner Neil East told the court last week he had seen the postman kick the dog about 13ft across his patio. It landed on some flowerpots.

The dog had to be put down by a vet after sustaining a fractured skull and brain damage in the incident, the court heard.

Giving evidence, Mr Ace, who was delivering mail to the house for the first time in months when the incident happened, denied the charge and said he had only kicked the dog to defend himself after it had bitten him.

In the middle of giving evidence he told magistrates he felt "dizzy" and the case was adjourned for him to take a break.

But the postman collapsed outside the courtroom and was taken to Swansea's Singleton Hospital suffering from an irregular heartbeat.

The court heard today it could be up to three months before he was fit enough to give evidence again.

After hearing about the defendant's condition Ray Cope, chairman of the bench, dismissed the charge against Mr Ace.

He said: "It's not satisfactory from anyone's point of view. It would have been far better if it had been resolved one way or the other."

NWpostie · Post by **NWpostie** » 20 Oct 2008, 22:00

brothermagrew wrote:
NWpostie wrote:Kick them on the nose and squirt pepper spray in their face
If the owner don't care about my fingers I don't care about their Letters or dogs
NWpostie
Would suggest that you do a google search relating to Billy Ace postman and the hardships that followed when he kicked a dog that was aggressive!

I know about it, it annoys me about the fact that the dog was more important than a Postman's safety.

smokerjim · Post by **smokerjim** » 20 Oct 2008, 22:38

NWpostie wrote:
brothermagrew wrote:
NWpostie wrote:Kick them on the nose and squirt pepper spray in their face
If the owner don't care about my fingers I don't care about their Letters or dogs
NWpostie
Would suggest that you do a google search relating to Billy Ace postman and the hardships that followed when he kicked a dog that was aggressive!
I know about it, it annoys me about the fact that the dog was more important than a Postman's safety.

What's more annoying is because we trespass ( under the exact legal definition, afaik ), the owners rarely if ever get prosecuted for having little or no control over their dogs......a few of them getting probation or chokey might get people sitting up and thinking about obedience classes.

Sandyman · Post by **Sandyman** » 20 Oct 2008, 23:19

She told the court: “He jumped up in a playful way. He doesn't react to strangers in a bad way at all. I knew he wasn't keen on the postal service - he doesn't like the letter box[.”

Of all the dumb excuses bad owners have made up for their dogs, that has to be one of the most stupid. Had the dog voiced it's opinion on the postal service? If in the unlikely case her remarks were true the dog would have attacked an inanimate letter box not a person. Idiots.

One daft old bat I delivered to who had a troublesome dog reckoned it was because it didn't like my red waterproof coat. So why did it have a go in Summer when I was in shirt sleeves?

Wonder if Royal Mail look on with interest and see line manager potential amongst customers like these...

BELIAL · Post by **BELIAL** » 20 Oct 2008, 23:41

My favourite as you raise your left foot 30 inches off the pavement with enthusiastic Yorkie still attached, "it's ok ,Peachy don't bite". "he's f'ing good at sucking then"