Galashiels dog owner falls foul of law
Ally McGilvray • Published 4 Nov 2011 09:30
A 24-YEAR-OLD man from Galashiels who failed to clean up after his dog has been fined a total of £240.
Unemployed Andrew Headspeath was charged with allowing his pet pooch to foul in the street near his home in the town's Glendinning Terrace on at least four occasions during the summer.
He admitted failing to immediately remove the faeces without reasonable excuse when he appeared at the Justice of the Peace Court in Selkirk on Thursday.
Headspeath had previously denied the offences but changed his plea to guilty when his case was recalled for a preliminary hearing ahead of his trial.
He is believed to be the first person in the Borders to be charged under the Dog Fouling (Scotland) Act 2003.
However, procurator fiscal Morag McLintock said Headspeath had only ended up in court because he had ignored repeated warnings.
She explained he had previously been issued with four fixed penalty notices for earlier alleged offences - "some were paid and some were not", she said.
The court heard Headspeath allowed his dog out to foul a common area on May 25, as well as on at least three occasions between July 12 and 15.
However, fed-up neighbours, concerned for children who played in the area, called the police.
Headspeath told officers he had been cleaning up after his dog - but not always straight away. However, the court heard when they went outside they found "eight large dog faeces" on the ground.
Headspeath's solicitor Ross Dow said his client no longer had a dog so there was little chance of him reoffending. He explained he had given his pet to his former partner to look after following his arrest.
Mr Dow said: "He (Headspeath) is the first to admit that he hasn't been able to cope. He had been picking up but not straight away and he accepts that falls foul of the law."
But he added: "The main thing is the dog is now living elsewhere so there is a reduced risk of a repeat."
Justice of the Peace Margaret McVitie fined Headspeath £150 on each of
the two charges he faced and then reduced that to £120 each to reflect his early guilty plea.
She said she would allow him to pay it at £5 a fortnight - which means he could take two years to pay the fine.
Passing sentence, the JP told Headspeath: "You were a dog owner and had a responsibility to clean up it's mess and you ignored the warnings."
Council chiefs, who have launched a campaign against dog fouling, welcomed the sentence this week. And they revealed they hoped it acted as a deterrent to other dog owners who failed to clean up after their pets.
Councillor Len Wyse, Executive Member for Environmental Services at Scottish Borders Council, said: "We recognise that the vast majority of dog walkers in the Borders abide by the law, but we are delighted that the courts have taken action against this individual. It sends out a clear message to the minority of people who don't pick up after their dogs that this will not be tolerated."
This article appeared in Border Telegraph 04 Nov 11
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