Dog attack case to face legal challenge

[TrueBlueTerrier]

http://www.cambridge-news.co.uk/cn_news ... ?id=475594" onclick="window.open(this.href);return false;

CHARGES against the owner of dogs which savaged a postman face a legal challenge which could result in the case being dropped.

Cambridge businessman Robert Stewart, 44, denies two counts of allowing a dog to enter a non-public place and subsequently cause injury.

He appeared at Cambridge Crown Court yesterday along with his daughter Emma Stewart, 22, who also denies the same charges.

Both are from Gazeley Lane, Trumpington.

The charges relate to an attack on postman Keith Davies, from Royston, as he delivered Christmas cards on the unadopted road on December 22, 2008.

The 54-year-old almost lost an arm when two rottweilers set on him.

He was saved by bricklayer Anthony Lunn, who fought off the animals with an iron bar and ran one over with his van.

Mr Davies required lengthy surgery to save the limb.

Previously, the defence has said it does not believe the prosecution has a case against either of the defendants.

Yesterday’s hearing was adjourned until February 22/23, to allow legal submissions to be made.

The court will hear an application to dismiss the charges against Robert Stewart.

The indictment says the charges are against Robert Stewart for “being the owner” of the dogs and against Emma Stewart for “being in charge” of the dogs.

A provisional trial date was also set for July 12, if it goes ahead.

Both defendants had their bail renewed.

Previously, magistrates heard Robert Stewart had owned the dogs but was out at the time of the attack and that his daughter was at home.

The prosecution had asked for the matter to be sent to Crown court based on the complicated legal issues and the seriousness of the postman’s injuries.

Campaigners had feared a prosecution could not be brought because the Dangerous Dogs Act is largely concerned with public places – Gazeley Road is a private road.

Robert Stewart, managing director of Stevenage Packaging and former chairman of Royston Town Football Club, had the dogs put down after the incident.

He lives at the property with wife Hilary and also has a son.

[music4essex]

I got bit by a dog while on duty and the dog that bit me ran out of his garden passed two houses and jumped up and bit me.
only then did the owner call the dog back,

The police prosecuted the owner, but after the third attempt going to court the police never turned up for the case and the owner got away with it , and even had costs awarded towards her I got left with a nice scar on my leg.

Though at the moment it is still going thru solicitors for compo, but have no respect for the police, I even had a witness who saw everything

Essex mum

[shadow]

I got bit by a dog while on duty and the dog that bit me ran out of his garden passed two houses and jumped up and bit me.
only then did the owner call the dog back,

The police prosecuted the owner, but after the third attempt going to court the police never turned up for the case and the owner got away with it , and even had costs awarded towards her I got left with a nice scar on my leg.

Though at the moment it is still going thru solicitors for compo, but have no respect for the police, I even had a witness who saw everything

Essex mum

I hate the judical system in this country it always seems FOR the perpitrators rather than the victim. The laws an ass in this country.

[Thunderthighs]

Let the dogs live...Put down the dog owners.

[theargyspy]

Good news that Keith Davies has started back to work again part time from today, if the dog owners get off of this charge, i.e get found not guilty because the road was private, it will open
a whole can of worms, surely we, as postmen can refuse to deliver to any addresses where the road isnt a public one, been adopted/looked after by the council. If we have no rights and protection
in law from dog attacks on private roads, then royal mail/cwu should make a stand and say if a road is private a post box has to be at the point in the road where the public road becomes a private one,
because we are not going onto the private rd

[shadow]

Good news that Keith Davies has started back to work again part time from today, if the dog owners get off of this charge, i.e get found not guilty because the road was private, it will open
a whole can of worms, surely we, as postmen can refuse to deliver to any addresses where the road isnt a public one, been adopted/looked after by the council. If we have no rights and protection
in law from dog attacks on private roads, then royal mail/cwu should make a stand and say if a road is private a post box has to be at the point in the road where the public road becomes a private one,
because we are not going onto the private rd

I'm with you on this one.

[Thunderthighs]

I've had 4 attacks over 10 months - no bites but other muscular/soft tissue injuries.

Covered part of round on Sat, due to sickness. Did it once about 4 yrs ago. Never been trained on it.
Doggy in isolated garden, tied to tree, in minus 5 degree temps. Didn't try to deliver. ( No dog warning on frame.)
Spoke to neighbour, said dog owner left it like this when she went out...
No wonder we get attacked!

[fishtank]

I've had 4 attacks over 10 months - no bites but other muscular/soft tissue injuries.

Covered part of round on Sat, due to sickness. Did it once about 4 yrs ago. Never been trained on it.
Doggy in isolated garden, tied to tree, in minus 5 degree temps. Didn't try to deliver. ( No dog warning on frame.)
Spoke to neighbour, said dog owner left it like this when she went out...
No wonder we get attacked!

If the dog had any sense it would wait until she came to untie it and then..........