Family pet on 'doggie death row' wins reprieve - after being accused of biting man in Blackburn

The fate of German Shepherd bitch Molly will now be decided in July after a judge adjourned a hearing at Preston Crown Court for a second time. Recorder Geoffrey Lowe refused to sentence 61-year-old owner Malcolm Brand for being in charge of a dog dangerously out of control to allow further expert opinion on whether the animal is really a risk to the public.

The delay followed an initial postponement of the case in January because Brand had no legal representation in court. Recorder Lowe said: “It is sensitive and also a very serious matter. It is important from the public’s point of view to make a correct decision. It impacts on the defendant . . . and the dog.”

What’s the background?

At the previous hearing the court heard that Molly had been seized by police after a man was bitten in Blackburn on May 16 last year. She has been kept in kennels for 10 months awaiting a court verdict. A judge will be required to decide if the animal has to be put down and whether Brand will have to pay the huge costs of keeping the dog in custody.

At the January hearing in Preston Judge Darren Preston told Brand he must get legal representation if he wanted to prevent the pet being destroyed. He said: “I need you to understand a couple of things. You risk a prison sentence here so this is not going to just go away. Also there is a presumption the dog will be destroyed as a result of its behaviour. If you are to challenge that you will have to instruct your solicitor to do that which requires an expert report on its behaviour, which can take weeks. So if you want to do that you will need to get on with it.”

When Brand returned to court this week he was represented by barrister Holly Nelson who urged Recorder Lowe to proceed with the hearing saying the defence had gained expert evidence about the dog’s safety. She said: “I am concerned it goes on for so long the dog will have been in police possession for more than a year by that time and the cost would almost certainly be levied on the defendant.”

But the judge refused saying he also wanted the prosecution to have its own expert opinion before the case could fairly proceed.The court was told that the first available date for the case to be heard was July 16 – a full 14 months after the dog was seized.

Recorder Lowe told Brand, of Glenluce Crescent, Blackburn: “It is considerably longer than I had hoped. You have the advantage of an expert about the dog’s behaviour, but the prosecution have not got their expert sorted. It is a matter of equality.“There is going to be a delay. The stress and strain is extended.”