Last week Mrs Fiona Paterson (Rudifern), Borzoi and Toy exhibitor and breeder of Cambus, Alloa was found guilty at Selkirk Sherriff’s Court, along with Mr Darill Gibbs a Whippet exhibitor from Alloa, of a breach of the peace at the home of Ms Julia Clarke of Broughton, Biggar, late in the evening of 26 July 2003.

This was the culmination of a long standing disagreement over the ownership of two dogs which Mrs Paterson claimed were hers and of which Mrs Clarke had proven ownership in a civil court case against Mrs Paterson.

Mrs Clarke had also won another civil case regarding the registration and stud fee for a litter of Borzoi puppies bred by Mrs Paterson and sired by Ms Clarke’s dogs.

In all these cases Mrs Clarke had won and all costs and liabilities were to be paid by Mrs Paterson.

Mrs Clarke and Mrs Paterson had been on friendly terms for some years and Mrs Paterson mated her Borzoi bitch to Mrs Clarke’s stud dog in December 2002 with the pick of the litter puppy to go to Mrs Clarke in lieu of a stud fee.

They kept in touch by phone regularly and a few weeks later Mrs Paterson told Mrs Clarke she was having her GSD bitch put to sleep. She mentioned also about finding a home for her Border Collie bitch as she had decided to cut down on her dogs since there were 19 in total along with four pedigree cats.

Mrs Clarke’s daughters asked if they could have the GSD and Border Collie, Mrs Paterson agreed to this. On a visit to Mrs Paterson to see the puppies Mrs Clarke was shocked to hear her say she was going to have the dam of the puppies put to sleep since she was having problems with her temperament.

Mrs Clarke pleaded with her not to do this and also offered to take the bitch for a time to see if it would help. She even pointed out that this would save her the trouble and money.

Mrs Clarke called again to say she was unhappy with the decision and that she would consider withholding her signature on the KC form if she went ahead.

An angry Mrs Paterson said she would sell them anyway as unregistered pets and demanded the return of the GSD bitch.

In spite of the fact that another Borzoi exhibitor had visited the puppies in the interim and was allegedly concerned about the conditions in which they were kept Mrs Clarke felt she should try to clear her differences with Mrs Paterson and withdrew her threat not to sign.

The two dogs from Mrs Paterson had settled into their new home and had had veterinary treatment. Mrs Clarke subsequently went to choose her puppy with Mrs Jean Clare, a vet and reputable Borzoi breeder. She chose a puppy, signed the KC form then found the puppy had ringworm, a fact confirmed by her vet. Mrs Paterson registered nine puppies from the litter of 10, did not register Mrs Clarke’s puppy and its registration was never forthcoming.

Mrs Clarke subsequently proved in Court that this had not been done and the Sherriff ordered Mrs Paterson to register this Borzoi or otherwise pay compensation and all expenses. To date this had not been done. Mrs Clarke also proved in court that the dogs were a gift to her children and Mrs Paterson had given them on that basis.

It was therefore a dreadful shock for Mrs Clarke to be visited by Mrs Paterson and several others late one evening demanding the return of all the dogs.

Mrs Clarke and daughter Catherine were alone in their house which is set back 200 yards from the main road when two men knocked and asked for directions. Mrs Clarke did think this odd since there are a few cottages along the main road, however she complied. They asked for the directions to be repeated and as she was closing the door they held it open and demanded the return of Mrs Paterson’s dogs.

Mrs Clarke tried to push against them and called her daughter to help and called 999. In trying to close the door Mrs Clarke bruised her back and pictures were taken later by the police. In her terror she screamed at them to let her close the door and Mrs Paterson put her head in the gap and said that if she just handed over the dogs there would be no more trouble.

Mrs Clarke and her daughter kept them at bay until they stopped and Mrs Paterson was heard to say: ‘Come on, there’s a back door.’ They all ran round to try to get in the back but it was bolted.

When they left the front door Mrs Clarke rushed to close it and it was then she discovered that Mr Gibb had put a large stone into the space to stop the door being closed.

At this point Mrs Paterson, Mr Gibb, Mrs Gibb and Mr Johnstone gave up and drove off leaving Mrs Clarke and her daughter very shaken and frightened.

Mr Gibb’s counsel refuted this story and questioned both Mrs Clarke and her daughter accusing them of making up the whole story.

Both denied this and Mrs Paterson’s counsel took up his examination, pointing out that Mrs Clarke had agreed to give the dogs back after a call earlier that day from Mrs Paterson. This was denied and Mr Gibb was called to the witness box. Speaking under oath he said that he had been asked by Mrs Paterson who was going to collect the dogs. He had been told Mrs Clarke had agreed already and they were going in his car since it was an estate car with dog cages. This would be comfortable for the dogs and not cause any stress to them on their return journey.

He denied that on arrival he had gone to the door and asked for directions saying that Mrs Paterson and his wife Mrs Maureen Gibb had gone to the door, Mrs Clarke had invited hem in so he and Mr Johnstone started back to prepare the car for the dogs when they heard a noise, looked back and saw Mrs Paterson stuck in the door. They rushed back and all pushed the door to try to free her. He had dropped the brick into the space to help them free her.

His counsel asked why they had arrived at that time and he explained he was not sure of the way and had driven past the turn to the house this had caused the delay. Asked once again what he had said he replied ‘Nothing, Fiona spoke to the lady at the door.’ He had only pushed the door to free Fiona’s foot.

Procurator Fiscal put it to him that Mrs Clarke had not known they were coming. He denied this and also that he had gone to the door. She pointed out the lateness of their visit but he replied that they had got lost and missed the turning to the track. Asked why so many people had gone he said it was to look after the dogs on the return journey in case they got stressed. He denied he was there to intimidate Mrs Clarke. Asked directly if he was lying he replied, no.

Counsel for Mr Gibb then called as witness Mr Gavin Johnstone, a neighbour of Mrs Paterson. He had also gone along that evening. Before proceeding with questioning counsel asked Mr Johnstone about his black eye he was sporting in court. This had been sustained in a car accident on the previous Friday evening, however he was recovered and happy to give testimony.

He was asked if he had been in trouble ever before and he replied no but had a motoring offence only.

He explained that he had been asked to go along and help with the dogs’ return to make sure they were ok in the car. On arrival at the house he and Mrs Gibb stood back, Fiona and Mrs Gibb went to the door and were invited in.

He turned back to his car, heard a noise, turned back and saw Fiona stuck in the door. He pushed along with the others and Mr Gibb put a brick in to stop the door closing.

When they freed Fiona they were so shocked at what had happened they went back to the car and left.

The next witness was Mrs Maureen Gibb, wife of David Gibb, who confirmed what had been said that Mrs Clarke had agreed to the return of the dogs, that she and Fiona had gone to the door first, and that Fiona had become stuck in the door. They were so shocked they left immediately.

So concerned were they over the incident that on arrival home in Alloa they had gone to the Police Station to report it but she found out later it had for some reason not been logged.

Mrs Paterson’s counsel said she would not be giving evidence on the stand since she would be unable to add anything further, since everything had happened exactly as Mr & Mrs Gibb and Mr Gavin Johnstone had described.

Counsel were then asked to sum up and each pointed out that before a conviction proof beyond reasonable doubt should be proven by the Procurator Fiscal. Counsel for Mr Gibb said he and his witnesses were credible, evidence given was more consistent and given in a straightforward manner. There seemed to be several discrepancies in the evidence of Mrs Clarke and her daughter. Any convictions would be a blemish on previously blameless characters.

Procurator Fiscal summed up by pointing out that four people at such a late hour seemed excessive to visit people who lived in a certain amount of isolation. She asked Sheriff Neil McKinnon to find them guilty as charged.

He pronounced judgement by saying that Mrs Clarke and her daughter had been credible witnesses. In his view the others had not, therefore he found them guilty of the breach of the peace.

Sentencing would be decided in six months; time and would be dependent on the good behaviour of both of the accused.