Man cleared over dog's attack on postal worker

[TrueBlueTerrier]

http://www.thisisbristol.co.uk/story-18 ... z2Ntjd71bv" onclick="window.open(this.href);return false;

A MAN accused of allowing his Staffordshire bull terrier cross to attack a postal worker has been cleared by a jury.

Ross Wicks 30, of Godfrey Court, Longwell Green, denied being in charge of a dog which caused injury while dangerously out of control in a public place in May last year.

He did not deny his dog Freddie had attacked postal worker Lena Gane but said it was by his front door, which was not a public place, and the incident had lasted just a matter of seconds. Mr Wicks also denied that it was necessary for him to punch the animal to get it off Mrs Gane.

A jury at Bristol Crown Court took less than an hour to find him not guilty.

Mrs Gane told the jury the dog sank its teeth into her wrist just as she stepped out of the front garden at Mr Wicks' home. She claimed her right foot was on the pavement when the dog leapt at her and clamped onto her arm, causing "excruciating" pain.

The case hinged on whether the attack occurred in a public place.

The jury heard Mrs Gane was kept at Frenchay Hospital overnight, was off work for five weeks and lost movement and sensation to her hand.

Describing the attack, she said: "I looked and he was there, he was right on top of me.

"I just remember him shaking; he must have been upright and he was holding me and shaking his head from side to side."

Mrs Gane said she struggled to remain standing due to the power of the animal. She claimed that, in trying to restrain the dog Mr Wicks hit it on the head three times before it let go and was dragged back inside.

Christopher Jervis, defending, put it to Mrs Gane that she was bitten at the front door, not in a public place.

She insisted that she had her right foot on the pavement at the time.

But Mr Wicks had told the jury: "It was over in five seconds and she was stood by the front door.

"I prised him off – I didn't punch him at all."

[TrueBlueTerrier]

Why didn't her lawyer check Google Maps - there are no gates or even substantial paths - you could be both by the door and touching the pavement at the same time at most of those addresses -

Mind you not judging them but wonder if they are the owners of the Blue/Green car at No 18 .... https://maps.google.co.uk/maps?q=Godfre ... 6,,1,17.61" onclick="window.open(this.href);return false;

[fishtank]

The case hinged on whether the attack occurred in a public place.

An archaic ruling that makes no sense to anybody but still means this guy walks.
Are you allowed to beat somebody over the head with a baseball bat on private property?..No.
Are you allowed to let your dog eat someone on private property?...yes of course you are,why wouldn't you be?

f***ing nuts.

[thehulk]

It should'nt matter if you are on private property or not the fact is a out of control dog bit someone doing their job ffs, when are we going to change these outdated laws, i beleive the Scots have changes their laws why have'nt we.

[Sergeant Blast]

In which case every property, with a dog, should have a post box by their front gate. If we are not legally protected from attacks, while we are on the customer's property, then we should not have to go in.

[clashcityrocker]

It's far worse for social workers, community nurses etc who have to actually go inside the house.

[fishtank]

It's far worse for social workers, community nurses etc who have to actually go inside the house.

Wouldn't you just refuse to go in unless the dog was secured in another room though?
I suppose that ultimately comes down to trust.
Our problem,like their problem is when that door first opens you have no idea what's coming.
Personally i think we should get supplied with guns,big f**k off guns.

[TrueBlueTerrier]

In which case every property, with a dog, should have a post box by their front gate. If we are not legally protected from attacks, while we are on the customer's property, then we should not have to go in.

wouldn't help in this case I went and looked at street view - no gates or fences - see 2nd post in thread for link to street view.

[fishtank]

wouldn't help in this case I went and looked at street view - no gates or fences - see 2nd post in thread for link to street view.

Surely in cases like this we should be allowed to P739 everything whether they are in or out.

[Sergeant Blast]

In which case every property, with a dog, should have a post box by their front gate. If we are not legally protected from attacks, while we are on the customer's property, then we should not have to go in.

wouldn't help in this case I went and looked at street view - no gates or fences - see 2nd post in thread for link to street view.

If it is known there is an aggressive dog then the owner should collect their mail from the office. Looking at street view, maybe they could leave the mail in the cupboard in the garden

[fishtank]

On 30th April 2010 the Prime Minister, then Leader of the Conservative Party, wrote to
Mr Dave Joyce saying “the present situation” was “unacceptable” and “ we need to be
doing more to protect vulnerable children and our committed postal workers” adding
that:
“We are currently reviewing the 1991 Act and are consulting with stakeholders...and
we support extending dangerous dogs law to cover all places including private
property...and giving police and councils more powers to tackle the problem of dangerous
dogs by the introduction of Dog Control Notices”.


Almost three years ago.

[Lincox]

Cameron, hear nothing, see nothing, do nothing, unless it,s ripping off the poor of this country and lining his own pocket. If Maggie wasn,t for turning, this tw t must be falling over with giddiness.

[Ahebban]

take the politics out of the situation and we would have seen more emphasis on actually resolving the issue rather than being kicked around parliament as and when it suits

[TrueBlueTerrier]

Postwoman savaged by dog wants a change in the law
http://www.thisisbristol.co.uk/Postwoma ... z2O9mND5kn" onclick="window.open(this.href);return false;



A POSTWOMAN who was savaged by a Staffordshire bull terrier says she fears returning to work until the law is changed to protect her.

Lena Gane, 40, right, who has worked for Royal Mail for nine years, was attacked delivering mail in Longwell Green last May.


The dog launched a horrifying 20-second attack on her, clamping its jaws around her left forearm – tearing through her flesh with such force that it bit into her bone.

She was taken to Frenchay Hospital where she underwent an emergency three-hour operation.

Mrs Gane was off work for five weeks, struggles to open jars or peel potatoes because of the damage to her tendons, and still receives weekly acupuncture at Frenchay.

Last week at Bristol Crown Court Ross Wicks 30, of Godfrey Court, Longwell Green, was cleared by a jury of being in charge of a dog which caused injury while dangerously out of control in a public place.

The case hinged, not on whether Mrs Gane was attacked, but whether the attack took place on private property – the defendant's garden – or on the pavement – a public place.

Currently a legal loophole prevents police from taking action against the owners of dogs that attack people on private property but last month the government announced plans to extend legal protection over dog attacks.

Attacks on private property are covered by the Dogs Act 1871 but this is a civil rather than a criminal matter and it provides no compensation for the victim and no punishment for the owner of the dog.

A new criminal law, which a spokeswoman for Defra said they hoped to take effect before 2016, will cover attacks on private property and boost the confidence of postal workers, health visitors and others calling at private addresses.

But Mrs Gane, who still bears the scars of the attack, says the legislation needs to change now as she fears returning to a line of work where she delivers to more than 550 homes a day without protection from the law.

Speaking to The Post at her Kingswood home, she said: "The law needs to be changed. I don't want anybody to go through what I have over the last ten months.

"It should not be a case of where you are attacked but the fact you were attacked – there should be no grey area.

"If a dog attacks you without provocation and causes serious injury the owner should be prosecuted and the dog destroyed.

"Surely an owner should be held responsible for the action of their animal. Imagine if it happened to your child.

"I am anxious now and terrified of dogs which in my job are an occupational hazard."

Describing the attack Mrs Gane said: "It was 10.30am and I was not even aware there was a dog at the property.

"I had given the owner his mail and was walking away when I heard a growl. I swivelled around and before I knew it the dog was on my wrist.

"It hit me with such force that my post scattered all over the pavement.

"It was clamped around my wrist and was shaking me. It lasted for around 20 seconds.

"It was the most horrific thing that I have ever gone through in my entire life.

"The power of the animal was extraordinary and I was just trying to stay on my feet because I was terrified that if I went to ground that could be it for me.

"I was wearing two jackets and a watch which doctors said stopped my injuries from being worse than they were.

"What it had done was pierce my tendon sack, bitten into my bone and ripped a chunk of flesh out.

"My surgeon said it was the worst dog bite he had ever seen, but that thankfully the nerve wasn't damaged."

Mrs Gane and husband Troy, 48, say they have decided to speak out as they feel everyone who attends a house in any capacity should be protected by law.

"At the moment I have right of passage as a postal worker to go on the property without trespassing but after that I'm on my own," Mrs Gane said.

"If I'm attacked by a dog on private property that's it. The law needs to be changed to protect everybody, especially children, as soon as possible. It is just crazy as it stands."

Mr Wicks said he sympathised with Mrs Gane and does think the law needs addressing.

"I can understand that she is anxious about returning to work after what happened," he said.

"I certainly feel the law needs looking at when it is someone attending a property and they are unaware a dog is there.

"It was a horrible incident that I wish had not happened. We are taking measures now to stop the dog getting out.

"I think that she was really unlucky. It was horrible but in no way intentional."

[UnhappyGremlin]

"It should not be a case of where you are attacked but the fact you were attacked – there should be no grey area.
This I agree with totally.

"If a dog attacks you without provocation and causes serious injury the owner should be prosecuted and the dog destroyed.
Shouldn't matter if injuries are serious or not.

I do not think the dog should be destroyed, it isn't the dogs fault, but that of the irresponsible owner. The dog should be removed, retrained and rehomed, and only destroyed if this cannot be achieved. The owner should be prosecuted, fined, banned from owning dogs, preferably forever, and should be put in prison for violating the ban.

I have been attacked by an German Shepherd, it did last a while, I suffered quite severe injuries to my arm and had to have a tetanus shot. But at no point did I blame the dog. I blamed the owners, a married couple, who got him as 'practice' for when they had a child, and they then neglected him when their daughter was born.