CONVICTED (2022) | Robert Milne, born c. 1961, of 23 Hazelbank Gardens, Raploch Estate, Stirling FK8 1PU – failed to take care of an elderly German shepherd in agony with spinal disease.
Robert Milne told a neighbour, worried about the immobile and distressed dog named Lucer, that he ‘needed to be put down’ and he would ‘get another one from the pound’.
Milne, who was representing himself, admitted two charges under the Animal Health and Welfare Act 2006 spanning a two-month period from January 7 to March 7, 2021. He caused the animal unnecessary suffering by failing to provide adequate care and treatment as well as failing to take reasonable steps to ensure that the needs of the dog were met.
He blamed his own ill-health for his neglect of Lucer.
On March 7, 2021, neighbours noticed that Lucer had been lying stationary in Milne’s front garden for several hours in the same position.
At 10.30pm a neighbour approached the animal and noticed he could not move his hind quarters.
Fiscal depute Robbie McDougall told the court: : “The dog tried to put weight on its front legs, but it was in a lot of pain and whimpering.”
Milne’s front door was open and the neighbour shouted up to the accused to ask if he was aware of the situation.
He replied: ‘What do you expect me to do? It needs to be put down anyway. I’ll get another one from the pound.’
Concerned about the dog’s welfare she contacted the police.
When officers arrived at 11pm they found the dog lying motionless in the front garden and in a distressed state.
He looked to be in pain and discomfort and had no access to water.
Officers made themselves known to the occupier of the house and Milne identified himself as the dog’s owner, confirming the animal had been outside “for some time.”
Milne told them the dog’s name and unsure of his exact age said he was between 10 to 15 years old.
Mr McDougall had added: “At the time the police spoke to the accused he showed very little concern for the dog.”
Officers contacted an out of hours vet practice and the dog was examined by a vet.
The vet found that Lucer was unable to move, his coat was matted and there were faeces and urine stains on his hind quarters.
His ears were inflamed and “there was no discernable body fat and a loss of muscle mass”.
The animal’s bones could be seen from a distance and he weighed 18.2kg against an ideal weight of 30kg.
Lucer was diagnosed as having degenerative myelopathy, a disease of the spinal cord, as well as periodontal disease which affects the teeth and gums.
The decision was made to put the dog down.
Milne told the court he was in receipt of Employment Support Allowance and Personal Independence Payment.
Sheriff Gill told Milne that he had pleaded guilty to “an appalling catalogue of cruelty and neglect”,
Sentencing: community payback order with 100 hours of unpaid work; ordered to pay a total of £520 in fines and charges payable at a rate of £40 per month. Disqualified from holding or obtaining an animal for 15 years.
