A DOG that bit a woman on the backside was later killed by a car driven by the victim’s partner, a court heard.
Southern Derbyshire magistrates were told two of Richard Fallows’ German Shepherd’s, eight-year-old brothers Rex and Kaiser, were off the lead when they were “startled” by neighbour Michelle Doherty moving her wheelie bins.
Mrs Doherty told the court she was bitten by Rex, but Mr Fallows argued that it was Kaiser that sank his teeth into her bottom.
Magistrates were then told that later that day, November 12 last year, Mrs Doherty’s partner, who was not named, was involved in a collision with Kaiser that left him dead.
Following a two-hour trial magistrates found Mr Fallows, of Willington Lane, Willington, not guilty of being in charge of a dog that was dangerously out of control in a public place.
But he pleaded guilty to the same charge for the now dead Kaiser.
And under law, because Kaiser was dead, Mr Fallows, 55, was handed an absolute discharge and ordered only to pay £85 costs.
Mrs Doherty told the court she was moving her wheelie bins at her home in Etwall Road, Willington, when the attack took place.
She said: “There were two dogs and one of them, a black one, became fixated with me.
“It did not take its eyes off me and walked all the way round to bite me on the left buttock.”
The court heard from Mrs Doherty’s son, Luke Chapman, who was about to leave for his job as a plumber when he saw the dog bite his mother.
He told the hearing: “Just as I was about to get into the van I looked and saw this black dog come round the side of my mum and bite her on the left side.”
The trial heard how both made statements to the police and Mr Fallows was questioned about the offence.
He admitted that one of his dogs, Kaiser, had bitten Mrs Doherty, but that the other dog, Rex, was not responsible.
He said: “Mrs Doherty started rattling the wheelie bin and I think that is what startled the dogs”.
Later that morning Mrs Doherty’s partner and Kaiser were involved in a road accident.
John Lawrence, chairman of the bench, said there were “several inconsistencies” between Mrs Doherty’s evidence and that given by her son.