CONVICTED (2023) | Luke Kildare, born c. 1983 of The Hythe, Macduff AB44 1UQ – failed to take his injured puppy to the vet after he was hit by a car.
The 18-week-old shepherd cross, named Fatty, was howling in agony after suffering a broken leg but Kildare refused to take him to a vet for treatment. The puppy was also hungry and thirsty.
Fiscal depute Ellen Barr told Banff Sheriff Court that the puppy was hit by a car on February 1 2021.
A witness contacted the SSPCA at 6.05pm to share their fear that Kildare wasn’t going to take his dog for medical treatment.
When an officer from the charity visited Kildare’s home, they were allowed in.
While there, the officer received a second call expressing concern for the same puppy.
“This caller reported that she heard what she describes as a ‘horrendous scream’ coming from the street and that she knew from the sounds it was being made by a dog,” Ms Barr said.
“She went out of her house and saw the accused carrying a puppy. He was also holding a tin of beer, a bag of shopping and appeared to be trying to light a cigarette.
“She offered to take the accused and the dog to the vet but he declined this offer.”
Kildare did, however, agree to bring the dog to the woman’s porch so they could inspect his injuries under the light.
“He held it under the light and said it looked fine,” the court heard.
“The witness pressed the matter and suggested the dog should be seen by a vet – but the accused said no.
“She described the puppy as lying dazed in his arms.”
SSPCA officers said they found the puppy lying on the sofa and it was “immediately obvious that the dog was badly injured”.
Fatty’s fractured and bloodied right leg was swollen to double the size of his left leg, with broken nails and scratches to the pads of his feet. The injuries were all consistent with being hit by a car..
The dog was “subdued as though in shock” and when Kildare touched his leg he “howled in pain”.
At 8pm, Kildare also lied to officers and said the accident had happened only an hour before – despite the witness confirming it occurred at 5.40pm.
The charity said that his failure to seek treatment had left the dog in pain for at least two hours and had left the puppy with injuries that will haunt them for life.
Kildare told them he “couldn’t afford” to take the puppy to the vet and remained “indecisive and unclear” about giving the SSPCA permission to do it for him.
But after being told they didn’t need his permission, the dog was seized and taken to a vet in Fraserburgh and given surgery that night.
“The puppy’s pain score was rated 4 out of 5 and the dog couldn’t bear any weight on his right leg,” the fiscal added.
“Methadone was given through an IV drip and anti-inflammatory drugs were used. The dog was extremely hungry and thirsty too.”
X-rays confirmed that Fatty’s right leg had become fractured and Kildare eventually signed the dog into the SSPCA’s care.
In court, he pleaded guilty to one charge of causing an animal
unnecessary suffering.
Kildare’s lawyer told the court his client was “a talented head chef” but turned to substance abuse.
The solicitor said that Fatty’s mother remains in Kildare’s ownership and there were no concerns about her care.
However, she is currently living with a friend while Kildare serves a prison sentence until at least August 2024.
Sheriff Robert McDonald told Kildare: “I am satisfied this is not necessarily a case of you persistently neglecting an animal but more that you didn’t recognise that it needed veterinary treatment – whether you could afford it or not”.
He fined Kildare, a prisoner of HMP Grampian, £790 but accepted he couldn’t pay it.
Instead, Kildare was given the alternative of 28 days’ imprisonment – to run concurrently with his current sentence for a violent offence, meaning he won’t spend any extra time in jail.
Speaking about the investigation and sentencing Scottish SPCA inspector Fiona Mckenzie said:
“Fatty should have been seen by a vet immediately after incident. Kildare’s failure to seek veterinary treatment for Fatty undoubtedly caused this young puppy immense suffering.
“Although we’re glad that Kildare has received a fine we would have liked him to receive a ban on keeping animals due to the disregard he showed for Fatty’s well-being in this case.
“We hope he seriously reconsiders his ability to care for any animal in future.”