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Brad
gets a reprieve
BRAD
THE Labrador, who was on ‘death row’ after an incident
in the New Forest last year, has been granted a reprieve.
And his relieved owner is celebrating the fact that his beloved
dog, his only companion, now has a future.
On Tuesday, Southampton Crown Court, Judge Christopher Leigh
and two magistrates overturned a death sentence imposed by magistrates
in Lyndhurst last year.
The court heard how three year-old Constance Stevens and her
sister Rachael, five, were riding their bikes as their parents
walked near the Acres Down care park in the Forest.
Brad’s owner, retired teacher Ian Rogerson, was walking
the dog nearby and as they passed, eighteen-month old Brad barked
at the older girl.
Mr Stevens, possibly believing foot and mouth restrictions were
still in place and the dog should have been on a lead, followed
Mr Rogerson and demanded his name and address, then pulled his
wallet out of his back pocket.
While his owner’s back was turned, Brad barked at the ‘terrified’
Constance and allegedly bit her on the right thigh before dragging
her to the ground.
When Mr Rogerson drove off, Mr Stevens took his registration
number and called the police.
When the case came before Lyndhurst Magistrates last year, the
dog was ordered to be destroyed and Mr Rogerson banned from
keeping dogs for six months (an almost unprecedented ruling
for a case which does not involve cruelty to animals).
Mr Rogerson appealed against his young dog’s death sentence
and at Tuesday’s hearing judge Leigh and the magistrates
heard that Brad had acted totally out of character.
Russell Pyne, mitigating, said Mr Rogerson and his former wife
had bred Labradors for more than 30 years and Brad had a very
good pedigree.
“The confrontation between the two men caused the dog to
get excited”, said Mr Payne.
“There was no suggestion that he had been out of control
before”.
In a letter read to the court, Mr & Mrs Graham Morris, owners
of Applemore Kennels & Cattery where Brad had boarded for
five weeks, said he was a ‘well trained and obedient dog’.
“He showed no signs of aggression to staff or other dogs.
He was affectionate and delightful,” said the letter.
The judge, himself a dog owner, and the two magistrates, who
are not, were unaminous in allowing the appeal, say: “We
are satisfied on the balance of probabilities that Brad does
not constitute a danger to public safety.”
However, they ordered that Mr Rogerson, 59, of Crofton Cottages,
Minstead, should keep Brad under control and that the dog must
be muzzled in public.
After the hearing Mr Rogerson spoke of the ‘wonderful reaction
of the public who have been so generous in their wishes and
support’.
“It has kept us both going,” he added.
“Brad knew there was something going on when I left this
morning
“He realises when the boss is uptight”.
Speaking later to the New Forest Post, Mr Rogerson said: “Brad’s
safe and I’m over the moon.
“The testimonial from Applemore Kennels was superb and
nobody could argue against it.
“The agony’s over now - it’s been such a long
time and now this is such a relief”.
After the initial court case and ruling, Mr Rogerson received
countless letters of support from members of the public, and
the story made headlines in the national canine press.
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