Plea to police on dog horror

[TrueBlueTerrier]

http://www.cambridge-news.co.uk/cn_news ... ?ID=379508

THE union boss of a postman savaged by dogs as he delivered mail has asked top police officer Julie Spence to bring a prosecution.

Dave Joyce, health and safety officer at the Communication Workers' Union, wrote to Cambridgeshire's chief constable after the 54-year-old postman was attacked by two rottweilers in Gazeley Lane, Trumpington, on December 22.

The postman, from Royston, suffered severe arm injuries and underwent several operations - one of which lasted six hours.

Surgeons managed to save the arm and the man is said to be making progress in Addenbrooke's Hospital, but it is unclear how much use he will eventually have of his arm. It is hoped he will be allowed home shortly.

Steve Butts, area delivery representative for the union, has been helping the postman's family.

He said: "Our national union officer has written to the chief constable urging her to bring a prosecution under the Dangerous Dogs Act.

"But this case goes to show how inadequate the legislation is, because it doesn't allow a prosecution if the case happens on private property."

The ultimate decision on instigating a prosecution lies with the Crown Prosecution Service - but although statements have been taken, no arrests have been made.

A police spokeswoman confirmed the attack was on private land, which meant they could not bring a prosecution under the Dangerous Dogs Act, which states animals must be kept under control in a public place.

However, earlier legislation may allow for a prosecution.

[NWpostie]

How can it be on private land when the attack occurred outside the gates ? in open public road.

[TrueBlueTerrier]

How can it be on private land when the attack occurred outside the gates ? in open public road.

AFAIUI the road was a publicly accessible but was a private road, hence the reason DJ has asked the Police to reconsider their decision.

[norbert]

How can it be on private land when the attack occurred outside the gates ? in open public road.

http://www.rtaylor.co.uk/" onclick="window.open(this.href);return false;
click on top hyperlink - Cambridgeshire Police not to prosecute in case of Rottweiller seriously injuring - Jan 10th

that appears to be splitting hairs and handwringing to wriggle out of it . The kindest thing I can say is that the police are under pressure from on very , very high to have charges with all the i's and t's dotted and crossed after the London Underground shooting ?

Sounds as dumb as RM ? with their top down regimented style of management ? too much politiking ?

I agree that the Police and the CPS should not be playing God and it should be left to a judge to decide - let's face it , even if the dog's owner tried to get legal representation to get off the hook , he's hardly going to make himself very popular ? - the media would have him for breakfast ?

[stokes11eg]

How can it be on private land when the attack occurred outside the gates ? in open public road.

http://www.rtaylor.co.uk/" onclick="window.open(this.href);return false;
click on top hyperlink - Cambridgeshire Police not to prosecute in case of Rottweiller seriously injuring - Jan 10th

that appears to be splitting hairs and handwringing to wriggle out of it . The kindest thing I can say is that the police are under pressure from on very , very high to have charges with all the i's and t's dotted and crossed after the London Underground shooting ?

Sounds as dumb as RM ? with their top down regimented style of management ? too much politiking ?

I agree that the Police and the CPS should not be playing God and it should be left to a judge to decide - let's face it , even if the dog's owner tried to get legal representation to get off the hook , he's hardly going to make himself very popular ? - the media would have him for breakfast ?

I bet if a policeman had been savaged by those dogs.
hw would have been charged. The union should get behind Kieth and pay for him to take out a private prosecution---
there MUST be something in law that that would allow for this.This would not be acceptable in most other civilised countries.

[norbert]

How can it be on private land when the attack occurred outside the gates ? in open public road.

http://www.rtaylor.co.uk/" onclick="window.open(this.href);return false;
click on top hyperlink - Cambridgeshire Police not to prosecute in case of Rottweiller seriously injuring - Jan 10th

that appears to be splitting hairs and handwringing to wriggle out of it . The kindest thing I can say is that the police are under pressure from on very , very high to have charges with all the i's and t's dotted and crossed after the London Underground shooting ?

Sounds as dumb as RM ? with their top down regimented style of management ? too much politiking ?

I agree that the Police and the CPS should not be playing God and it should be left to a judge to decide - let's face it , even if the dog's owner tried to get legal representation to get off the hook , he's hardly going to make himself very popular ? - the media would have him for breakfast ?

I bet if a policeman had been savaged by those dogs.
the law would have been charged. The union should get behind Keith and pay for him to take out a private prosecution---
there MUST be something in law that that would allow for this.This would not be acceptable in most other civilised countries.

I agree a civil action or private prosecution eitherby RM or the CWU - let's face it , if the IB had caught someone thieving bang to rights and RM was under pressure - RM would not hesitate to take a private prosecution out ?

[brothermagrew]

Where the Police decline to take action and RM considers there is sufficient evidence instructions
will be given to Legal Services by the Accident Administration Unit to act on behalf of
victims in proceedings under the Dogs Act 1871 or the Dangerous Dogs Act 1991.

This is what is contained in the Royal Mail's - Dealing with Dog Attacks - Good Practice Guide.

Question is will Royal Mail decide that there is sufficient evidence? And if they do come to this conclusion will they instruct their Legal Services to act on behalf of the victim?

[k979aaa]

Maybe a different train of thought should be pursued as royal mail it's self has sent him down the primrose path to his mutilation and royal mail should not send it's staff into harm's way i think he would stand a good too better than average chance of suing royal mail for his horrific injuries!. IT IS TIME ROYALMAIL MADE SURE ALL IT'S EMPLOYEE'S HAD SAFETY IN THEIR BEST INTEREST'S!.AND NOT BE TREATED AS DOG FODDER FOR THE PUBLIC AND THE RICH AND FAMOUS!.

[norbert]

Maybe a different train of thought should be pursued as royal mail it's self has sent him down the primrose path to his mutilation and royal mail should not send it's staff into harm's way i think he would stand a good too better than average chance of suing royal mail for his horrific injuries!. IT IS TIME ROYALMAIL MADE SURE ALL IT'S EMPLOYEE'S HAD SAFETY IN THEIR BEST INTEREST'S!.AND NOT BE TREATED AS DOG FODDER FOR THE PUBLIC AND THE RICH AND FAMOUS!.

that would be " interesting " - RM are being monitored by the HSE - their policy on paper is good but compliance is poor

[stokes11eg]

Maybe a different train of thought should be pursued as royal mail it's self has sent him down the primrose path to his mutilation and royal mail should not send it's staff into harm's way i think he would stand a good too better than average chance of suing royal mail for his horrific injuries!. IT IS TIME ROYALMAIL MADE SURE ALL IT'S EMPLOYEE'S HAD SAFETY IN THEIR BEST INTEREST'S!.AND NOT BE TREATED AS DOG FODDER FOR THE PUBLIC AND THE RICH AND FAMOUS!.

that would be " interesting " - RM are being monitored by the HSE - their policy on paper is good but compliance is poor

What i do not understand is, if the dogs carried on the attack,on the road, which I believe is the case, and that road or pavement is maintained by the local authorities, then this is not private property. It has always been my understanding that for land to be classified as private, the owner would be fully responsible for the maintanence---
or am I wrong?Also, if it is private property, the owners must surely have implied that it is o.k. for people like
the Postie to 'trespass' in the process of delivering the mail, that bieng the case,they would be obligated to ensure
it is safe for someone to do so.If someone walked up my garden path, and tripped over a ladder, I could be sued.

[NWpostie]

Why isn't the Dog owner's mail delivery been suspended, In the news report I saw a Postman still delivering letters to his postbox located OUTSIDE the gate and secured to the wall, we should be able to suspend delivery immediately in such cases.

[Stormproof]

Perhaps we should not deliver to 'Private' roads,if we are not covered for accidents etc we should not being going down them, make the residents put boxes at the end of the street.

[NWpostie]

Perhaps we should not deliver to 'Private' roads,if we are not covered for accidents etc we should not being going down them, make the residents put boxes at the end of the street.

agreed this would remove a lot of ambiguity

[stokes11eg]

Perhaps we should not deliver to 'Private' roads,if we are not covered for accidents etc we should not being going down them, make the residents put boxes at the end of the street.

agreed this would remove a lot of ambiguity

Quite right, yhe the law is smudgy at best sometimes, maybe it is high time the Law was changed.