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Court blasts Fife man for kicking dog five feet through the air in rage

Jamie Stewart sent the dog flying from a communal stairwell back into his flat when he kicked it.
Jamie Stewart sent the dog flying from a communal stairwell back into his flat when he kicked it.

A Kirkcaldy man has been found guilty of kicking his Yorkshire terrier five feet through the air in a heated rage.

The two-year-old pet, Sooty, cried in pain when Jamie Stewart kicked it after an argument with his partner.

Sheriff James Williamson labelled Stewart as “out of control” when the 26-year-old sent the dog flying from a communal stairwell back into his flat.

Stewart, who lived with his partner in Cheviot Road, had denied attacking the dog, which he had owned since it was a puppy.

Police officers had attended the flat relating to the domestic argument when they witnessed Stewart carry out the attack.

PC Austin Barrett told Kirkcaldy Sheriff Court that Stewart was heated and agitated when they saw him.

As they left the scene with his partner, Stewart began to shout obscenities at the officers while they walked down the stairs.

PC Barrett said: “He was shouting and as I was looking back I saw him kick the dog with his right foot. As he kicked the dog it lifted up straight away, went through the air and back into the flat.”

When queried by depute fiscal Siobhan Monks how far the dog had flown, he replied: “It must have been at least five feet.”

Sheriff Williamson heard that the police officers deemed the dog to be unhurt after the attack.

Stewart claimed that he went out into the stairwell solely to get the dog back into his flat after it had escaped when the officers had left the door open.

He said: “I put my foot to the side to stop him running down the stairs and eased him back in.”

He admitted to Ms Monks that tempers were raised in his house but claimed he was angry that the police had attended at his flat rather than angry with his partner.

Sheriff Williamson told Stewart: “You knew what you were doing when you kicked the dog. Even by your own evidence you were out of control.”

Stewart was found guilty of causing unnecessary suffering by kicking the dog through the air from the communal stairwell into said flat.

Sentence was deferred for two months for reports.