Stuart Forster of the Uplands, Runcorn, appeared before Crewe Magistrates’ Court on Tuesday 7 February for sentencing after previously pleading guilty to two charges of being in possession of a dog that was dangerously out of control in a public place.
The prosecution was brought by Halton Borough Council’s Environmental Health Department under the Dangerous Dogs Act 1991.
The offences related to an incident in Town Park, Palace Fields, Runcorn on 5 November 2021. The court heard how Forster’s two German Shepherd dogs, Demon and Nuke, were being walked off a lead in the park when they ran towards the victim and attacked her small dog, which she was walking on a lead.
The victim’s dog was killed by Forster’s dogs during the attack. After the attack a witness reported they observed Forster remove the lead from the deceased dog purportedly to limit his culpability by making it appear that the victim was also walking her dog off a lead.
During the sentencing hearing the court heard that the prosecution were aware of three other incidents involving Forster’s dogs and that they had been trained for employment in the security sector.
The prosecution argued the defendant knew the risk posed by his dogs but still chose to walk them off a lead and declined to keep them muzzled.
Forster, 36, was sentenced to a 20 week curfew between 7pm to 7am and will have to wear an electronic tag. The victim received compensation of £1,220 and the Council received costs of £1,815.
The dog Nuke was made subject to a Contingent Destruction Order. The dog must only be walked by someone who is over 18 years of age. The dog must also be muzzled and kept on a lead in public. A breach of the contingent destruction order could result in further prosecution and an application to court for the dog to be destroyed.
The court heard that after the incident, and prior to the prosecution, the dog Demon was transferred by Forster to HM Prison Service and has now undergone training as a general service dog.
On this basis a contingent destruction order was not issued against Demon, but the court heard that the prison service have undertaken to keep the Council informed of the dog’s whereabouts once it is retired from the service and under no circumstances will it be returned back to Forster.
A Council spokesperson says: “The Council takes all complaints about dangerous dogs very seriously. This recent tragic case clearly shows that irresponsible dog ownership puts residents and other animals living in our communities at risk and the Council adopts a zero tolerance approach to this behaviour.
“The Council was absolutely committed to bringing this offender to justice and ultimately ensuring that our open spaces are safe and pleasant environments for all our residents.”
Responsibility for enforcement of the Dangerous Dogs Act is shared between the Council and the Police. The police deal with active dangerous dog incidents and attacks on humans. The Council will usually investigate attacks on dogs and other animals.