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Sheriff ‘can’t say’ dog that bit woman’s face was out of control

Sheriff ‘can’t say’ dog that bit woman’s face was out of control

A Kennoway man has avoided conviction after his bullmastiff and rottweiler crossbreed bit a woman on the face.

Lorraine McKay, 49, was visiting the Kenmount Drive home of Kevin Wilson as part of her working day when the dog, Duke, clamped its jaws into her face. She pulled herself free, leaving a gaping wound in her cheek that required around 10 stitches and reconstructive facial surgery.

However, at Kirkcaldy Sheriff Court on Thursday Sheriff James Williamson said Wilson had no case to answer because there was nothing to show the dog was dangerously out of control.

Wilson, 44, denied the charge that, on May 21 2012, he was the owner of, and in charge of, a dog, a bullmastiff and rottweiler crossbreed, that was dangerously out of control and bit Lorraine McKay on the head, to her severe injury and permanent disfigurement.

Mrs McKay, who collected money for a specialist loan company, visited the house to collect cash from the accused’s father, as she had done for the previous five years.

She told the court: “My car keys fell at my feet and I went down to pick them up and that’s when he moved. He came over towards me and latched on to my face, on the side of my jaw.

“This dog was massive. I counted to three and pulled away and ran out into the hall.”

Sheriff Williamson said: “My sympathies lie with the complainer. However, one snap at someone in these circumstances cannot be seen as a dog being out of control.

“There is no case to answer. In terms of the law, I can’t say that the dog was out of control.”

Duke was later put down due to an ear infection.