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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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On Friday night I was away and the babysitter let my Malamut

Customer Question

On Friday night I was away and the babysitter let my Malamut Husky X out by accident, she killed 10 sheep and has done quite a bit of damage, which is devastating for all concerned. She is a beautiful natured dog normally and its only the sheep she tends to go after. I was in the process of having her trained not to chase sheep.

When I received the call on Saturday morning I immediately took responsibility and had Maya (my dog) removed to a lady who trains and looks after dogs, I called teh farmers involved and told them this had happened that she was now away from the area, and she will be re homed. I also offered and confirmed that i would compensate for all damage and loss caused.

One of the farmers now want her destroyed and he has involved the police, it is my daughters dog, and she is a total mess over this, having nightmares and not sleeping. What made it worse was that the farmer in question, even went to the house demanding the dog saying he was going to take it away to be destroyed, I thought this was illegal??

Then the police call me and say they want to meet with me today, but last night at 21.32 I was in bed exhausted, a police man came to the door and my daughter aged 15 let him in!

He was clearly checking to see if I still had the dog here, which she isnt, as I kept to my word and removed her. I am now trying to uderstand if what the farm did and the police did is the correct legal path, I was led to understand the farmer needs a court order to put maya down, and if I am paying all costs and having her re homed surely that is a fair reparation of damage.

I also need to know if this is now a police matter ie; are they driving this now, do they get the court order or does the farmer? I have also had the Wiltshire Council on the phone, and I am not sure what their role is in this matter.

I am naturally feeling very distressed by all of this, since the farmer was young, hot headed and went around all my neighbours telling them of the incident which I feel is a chance to ruin my relationship with my neighbours

What rights to do I now have in all this??
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : The farmer can't just come and tie the dog. For the dog to be destroyed there should be a court order.
Alex Watts : It may be that the Police only came round to see if you still had the dog.
Alex Watts : In terms of rights a court can order that your dog is put down?
Alex Watts : There would have to be a hearing for this.
Alex Watts : As for the Council - their involvement would normally be limited.
Alex Watts : But if there is any decision made, you will be asked to give your side.
Alex Watts : The Police may or may not prosecute and it is normally after this would the court consider an order.
Alex Watts : But if anything does happen I would suggest you seek legal representation so that your interests are put forward.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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Alex Watts :

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