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 15 March 2008   Latest News
       

 
Farmer second to fall foul of tail docking ban

A PERTHSHIRE farmer has become only the second person in Scotland to be prosecuted for docking dogs’ tails.

William Fotheringham arranged for tails to be docked on five three-day-old Jack Russell puppies at his Forteviot farm on September 14 last year.

Last night the Scottish Society for the Protection of Cruelty to Animals (SSPCA) said they were “delighted” by the conviction.

Depute Fiscal Helen Nisbet told Perth Sheriff Court SSPCA officers launched an investigation following an anonymous tip-off.

“Officers visited and when they examined the puppies found their tails had been docked,” she said.

“The accused said from the outset that he was responsible for the docking.”

Solicitor Rosie Scott said Fotheringham, of Bankhead Farm, had acted out of legislative ignorance.

“He was unaware it was an offence…the legislation had only come in fairly recently,” she said.

“Mr Fotheringham has always had Jack Russell dogs but they have never before had puppies.

“Working dogs he had obtained before had always been docked and he felt it was normal practice.”

Mrs Scott said the 37-year-old cattle and sheep farmer had the tails cut when the puppies were just three days old.

“Mr Fotheringham spoke to certain friends and arranged for the tails to be docked,” she continued.

“He now very much regrets it…he is a farmer and takes the welfare of his animals very seriously.

“Mr Fotheringham has never been in any trouble before and has pled guilty at the earliest possible opportunity.”

Sheriff Richard McFarlane fined the farmer £500 and gave him one month to pay.

Speaking outside the court Fotheringham said, “I had never heard of this being illegal before.

“I felt it was a welfare issue as I have always used my dogs for ratting and foxes. The tails are cut off as it is first thing rats and foxes go for—docking is carried out to protect the dogs.

“It is not a cosmetic thing…I dock the tails of my 500 lambs so to be fined for this seems a bit ridiculous.

“I am a farmer and I have high welfare standards,” he continued.

“I would not have done it if I knew it was against the law and I will just have to take it on the chin.”

When contacted by The Courier a spokeswoman for the SSPCA said Fotheringham’s case was only the second if its kind.

Last December a farmer was fined £135 at Dumfries Sheriff Court for docking the tail from a Jack Russell pup.

“The conviction at Perth is one of the first as the legislation is still relatively new,” the spokeswoman said.

“We would stress that it is illegal and as such we are delighted that this case has been dealt with by the courts.”

The spokeswoman said docking could not be justified on welfare grounds.

“Vets said it was not appropriate to dock tails and that is really why the legislation was brought in,” she continued.

“When docking was introduced it was nothing to do with welfare.

“It was brought in during Georgian times as there was a tax on working dogs with tails.

“Dogs use their tails to aid communication with one another so docking is unacceptable.

“We are glad this case is being highlighted.”

Docking was outlawed under the Animal Health and Welfare (Scotland) Act of 2006.

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