Woof justice

Man who barked at dogs cleared

By Paul Stokes
Last Updated: 3:36am BST 28/04/2007

A teenager who was arrested for barking at two dogs has cleared his name in court in a case that cost the taxpayer £8,000.

Kyle Little turned on the pair of chocolate labradors after being warned by police for using bad language in the street.

He was arrested after he made canine noises at Princess and Ruby, causing them to bark back at him.

Little, 19, a jobless labourer, was charged under the Public Order Act for causing harassment, alarm or distress to the dog's owner, despite her not making a complaint.

Magistrates fined him £50 with £150 costs in January but the conviction has been quashed by a judge, who remarked: "The law is not an ass."

Judge Beatrice Bolton told Newcastle Crown Court: "I'm sure an expert on labradors could explain how distressed the dogs were but I don't think section five of the Public Order Act applies to dogs.

"Growling or barking at a dog does not amount to a section five offence, even if a defendant has been told by the police to curb his language.

"He obviously did curb his language and spoke to the dogs rather than continuing to swear at the police."

The Crown Prosecution Service withdrew its opposition to his appeal in light of the judge's comments and the conviction was overturned.

Stuart Graham, prosecuting, told the court that Little had been abusive to Sgt Douglas Johnston and Pc Daniel Peacock before the incident last August.

He said: "He was told twice to mind his language. He then, in view of the officers, proceeded to walk to the garden where the dog was and was growling at the dog, which agitated the dog.

"The officers' statements were that the householder was distressed at someone growling at the dog."

Little did not attend the hearing.

At his home in Newbiggin Hall, Newcastle, where he lives with his parents Ian and Tracy, Little said he had been with his 16-year-old girlfriend and friends during the evening when he came face-to-face with the dogs.

He said: "I was walking past the lady's house when the dogs came bounding out of the porch and jumped up at the railings, they were both barking their heads off and so I did a daft little growl and went 'woof woof' at them.

"The next thing I knew I had been grabbed by the two police officers who bent my arms up behind my back and handcuffed me.

"They threw me into a van and whisked me off to the police station, where they threw me into a cell for about five hours.

"They said they were going to charge me with a public order offence for barking at the dogs. I couldn't believe it.

"This has been a joke all the way through. I am glad the judge has thrown it out of court. I am shocked it's cost so much money."

Sunita Vedhara, the dogs' owner, said: "He was messing about, being a daft young lad. We didn't want to see him prosecuted but the police said he was being taken to court, which we found surprising. The dogs weren't really upset by it at all."