Home Whitstable News Article
Whitstable dog owner’s relief after Staffordshire bull terrier cross saved despite attacking man, two women and child
05:00, 24 October 2024
updated: 11:03, 24 October 2024
A “boisterous” dog has been saved from being put down - despite attacking a man, two women and a little girl while off the lead and out of control.
A court heard of three separate incidents in which Whitstable resident Anthony Flaxman’s Staffordshire bull terrier cross, called Denva, had bitten or scratched people.
On one occasion the 61-year-old gave up chasing after his runaway pet, went home and left the front door open for it to come back of its own accord.
Elizabeth Evans, prosecuting at Margate Magistrates’ Court last week, argued Flaxman is not a fit and proper person to own a dog.
But after a “traumatic” seven-month wait while his pet was kept in kennels, magistrates told him the “love of his life” could return home to Long Rock, Swalecliffe.
Flaxman had previously admitted to being in charge of a dog dangerously out of control causing an injury when he appeared before magistrates in Sevenoaks on July 10.
Sentencing was adjourned so a vet’s report could be completed on Denva to see how dangerous the dog is.
The case was listed at Margate Magistrates’ Court in August, but Flaxman’s wait went on as it was adjourned again as the court ran out of time to hear it.
He returned to the same court on October 15 for sentencing.
Ms Evans told the court that Staffie cross bit a man on March 2.
Magistrates heard Flaxman had got in his car to take Denva for a walk when it jumped out and ran off as he opened the vehicle’s door and then tried to attack Conor Frost’s partner’s dog in Swalecliffe Court Drive.
Denva was “growling throughout” as Mr Frost tried to grab it with both hands, the court heard.
Ms Evans said: “He suffered deep scratches and a bite on his left hand on the index finger.
“He managed to grab a rope to control Denva and tied it to a bollard. There was no owner around.”
The court heard when police went to Flaxman’s home he told officers he had “left his front door open for the dog to return of its own accord”.
Ms Evans said: “We [the Crown] say he is not a fit and proper person to have a dog.”
The court heard there had been another incident involving Denva being off the lead.
“In May 2023, a 62-year-old woman and a seven-year-old girl were out walking in a green space and the dog jumped up at them causing cuts and scratches,” the prosecutor said.
At the time, Flaxman told the woman and child that Denva was just playing. He then threw a ball for him.
When police visited, Flaxman told them his pet was very excitable, but not aggressive.
The prosecutor added: “Then on September 6, 2023, the dog was out of control again.
“A woman in her 40s was jogging and the dog ran over and jumped up at her.
“[Flaxman] came over and didn’t seem concerned. There was no lead and he had no control over the dog.
“She had scratches to her torso, left leg and arm and asked police to bring the situation to a community resolution.
“Officers again told him to keep the dog on a lead at all times and he signed a form to say he would stick to those conditions.”
The court also heard Denva had been in the kennels since attacking Mr Frost in March. Kennel fees up until August 31 amounted to £5,421, which the Crown was asking Flaxman to pay.
Magistrates also had to decide upon a destruction order or imposing one with conditions that would spare the Denva’s life.
Ian Bond, defending, told the court Flaxman had moved from Peterborough to Whitstable and looked after his elderly mother until she died in 2020. Following this, he got Denva, his first ever dog, as a puppy.
Now aged two years and 10 months, the Staffie cross is “the love of my client’s life”, Mr Bond said.
He added: “The grandmother Denva jumped up at - they were only minor scratches.
“He is not a man who has a trophy dog. It’s just a bit boisterous…”
“In September with the jogger, he had the dog on the lead but was not able to hold on to the lead to bring it under control.
“He failed to heed the [earlier] warning as the circumstances which led to the incident [with Mr Frost] saw the dog decamp the vehicle as he never had a barrier up.
“He is now going to install one in his Nissan Juke SUV.
“The incident happened out the back, behind his close and he did chase after him but then left the gate open in the hope he would return.
“He’s not the fittest of men and was hoping the dog would return. Who was he to call? The RSPCA, the police, they are not interested.”
Magistrates heard that the effect on Flaxman while the dog was in kennels had been “traumatic”.
He added: “He is not a man who has a trophy dog. It’s just a bit boisterous.”
Magistrates decided to allow Denva to live via a contingency destruction order. This will see Denva wear a secure length lead - with a name and address tag on it - and have a muzzle at all times when out in public.
Flaxman must also undertake dog training with his pet. Denva must be neutered and insured. When out in the car, he must use a fixed leash to ensure the dog does not escape again.
He was fined £120 for the offence and ordered to pay Mr Frost £100 compensation, as well as court costs of £85 and a victim surcharge of £48.
Flaxman was also ordered to pay a contribution of £2,000 towards Denva’s kennel fees. This will be done at a rate of £60 a month.