THE CASE of a St Bernard accused of attacking a police officer which was due to be heard at Crawley Magistrates Court on last Monday (July 22nd), under the 1871 Dogs Act, was once again adjourned.
As reported previously in OUR DOGS, Steve Prestage was putting some tools away in his garage at his home in Copthorne, near Crawley, West Sussex on the morning of March 22nd when he saw a police van pull up in the lane near his home. Police Sergeant Paul Huntley got out of the van and walked up Mr Prestages drive, apparently ignoring a prominent Beware of the Dog sign fastened to the gate, to ask directions to a nearby cottage.
Mr Prestages six-year-old St Bernard Yogie started barking at the officer, whom he saw as an intruder on his territory. Mr Prestage called out to Sgt Huntley to stay where he was and that he would get Yogie indoors, but the officer ignored him and continued to march towards the dog. Yogie lunged at the officer and bit him in the arm, leaving a puncture wound. Sgt Huntley is said to have spent two nights in hospital receiving treatment for the injury.
Sussex police seized Yogie a week later under Section 3 of the 1991 Dangerous Dogs Act, for being dangerously out of control in a public place.
Mr Prestages solicitor has been advised by well-known DDA solicitor Trevor Cooper, and experts have been called in to assess Yogies temperament.
Mr Prestage opted for trial by jury when the matter came to court last month. However, just 24 hours before the case was due to be heard, the Crown Prosecution Service dropped the charge under the DDA and opted instead for a lesser charge under the less draconian 1871 Dogs Act. The new trial date was originally set for 20th June. However, the hearing was adjourned and the new date set for last Monday.
Yogie was later released from custody and brought back to Mr Prestage, now apparently no longer considered to be a dangerous dog. Mr Prestage confirmed that Yogie had been well cared for during his incarceration and that he was in good condition.
Mr Prestage also expressed his joy at Yogies release, but also added that he would fight all the way to ensure that his pet was found not guilty and subjected to any sort of restrictions, as he was provoked by the police officer failing to heed repeated warnings.
Sussex police commented that Sgt Huntley was carrying out his normal duties when he was attacked by Yogie, and therefore some form of restriction being placed on the dog would be appropriate.
The case was adjourned until August 22nd, due to the non-availability of a principal expert witness.