Woof justice over barking mad ruling

6:03am Friday 27th April 2007

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The taxpayer has been forced to pay out £8,000 after a teenager was hauled before the courts for barking at two dogs.

Kyle Little growled and barked at chocolate labradors Princess and Ruby, who were sitting in their owner's garden in Newcastle in August last year.

The 19-year-old had been told off by police for using bad language, so turned his attention to the pets, causing the animals to bark back.

Sergeant Douglas Johnston and PC Daniel Peacock arrested and charged him with an offence under section five of the Public Order Act.

Mr Little was convicted at Newcastle Magistrates' Court in January of causing harassment, alarm or distress to the dogs' owner, who never made any complaint, and fined £50 and ordered to pay £150 costs.

But when the case came to Newcastle Crown Court for an appeal yesterday, Judge Beatrice Bolton said: "The law is not an ass" and quashed the conviction.

The judge said: "I'm sure an expert on labradors could no doubt explain how distressed the dogs were, but I don't think section five of the Public Order Act applies to dogs."

Stuart Graham, prosecuting, said in the light of the judge's comments, the Crown Prosecution Service would not oppose the appeal against Mr Little's conviction.

Speaking after the hearing, Mr Little's barrister Chris Mitford said: "I think the police were barking up the wrong tree."

Mr Little, of Mortimer Avenue, Newbiggin Hall, Newcastle, was not in court to see the conviction quashed.

Magistrates had convicted Mr Little because police believed the growling and barking at the dog caused the owner distress.

Jobless labourer Mr Little, who lives with mother Tracey and father Ian, said after the hearing that he had been with his 16-year-old girlfriend Nessa and friends when he saw the barking dogs.

He said: "It was about 9.30pm and I was walking past the lady's house when the dogs came bounding out of the porch and jumped up at the railings, they were both barking their heads off and so I did a daft little growl and went woof woof at them.

"The police said they were going to charge me with a pubic order offence for barking at the dogs.

"I just couldn't believe it. This has been a joke all the way through. I am glad the judge has thrown it out of court."

Dog owner Sunita Vedhara said: "He was messing about being a daft young lad."