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Court / Pair punished after ‘out of control’ dogs kill lamb in neighbouring field

Lerwick Sheriff Court. Photo: Shetland News

TWO MEN from Aith have been punished after dogs in their care broke into a neighbouring croft and killed a lamb.

George Manson and Jason Pottinger admitted that the dogs – both Alaskan Malamute/American Bulldog cross breeds – had caused sheep “injury or suffering” by chasing them through a field on 13 September last year.

Manson was the owner of the two dogs but was not present during the attack, Lerwick Sheriff Court heard, with 37 year old Pottinger in charge of them.

Procurator fiscal Duncan Mackenzie said Manson, 58, “maybe should have ensured they were with someone more responsible”.

The two dogs had escaped from the house into a neighbouring field while Pottinger was putting away shopping, the court was told.

The crofter was not present but other neighbours were, and they spotted the dogs chasing lambs through the field at Rockytoon in Aith.

“One of the dogs attacked and killed a lamb,” Mackenzie said.

“The two dogs were both out of control.”

Pottinger “eventually came to the field”, but he “wasn’t able to control the dogs for quite some considerable time”.

The lamb was priced at around £35, Mackenzie added.

Defence agent Tommy Allan – representing both – said Manson worked two weeks on, two weeks off.

During that time he left the dogs with his step-daughter and her partner – Pottinger.

He said the dogs had managed to get through a gap in the fence.

Manson had made attempts to reimburse the crofter for the price of the lamb, but had been unable to make contact with him to date, Allan added.

Sheriff Ian Cruickshank noted a major difference between the law in Scotland and the law in England and Wales with regards to livestock.

He said that while in England and Wales the maximum fine was £1,000, in Scotland it was £40,000 – along with a 12 month prison sentence.

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Allan said he hoped the sheriff would not be leaning towards the higher end of the scale in terms of punishments.

He added that Pottinger would prefer to do unpaid work over a financial penalty.

Sheriff Cruickshank fined Manson £420, and ordered him to pay the crofter £75 for the lamb and for its disposal.

Pottinger was ordered to carry out 50 hours of unpaid work within three months.

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