[Archived] Former Rovers Star In Court Over Pub Dog Incident

[jim mk2]

Press Association 2015

COURTS Gallacher

Former Scotland international Kevin Gallacher "took his eye off the ball" as his golden retriever bit a seven-year-old girl on the head in a pub beer garden, a court has heard.

The former Blackburn Rovers forward is said to have let the youngster stroke his dog, Baxter, unsupervised as he turned to chat to a friend at a picnic table.

The girl needed hospital treatment for lacerations to her face and scalp after she said she was bitten "three, four times", Blackburn Magistrates' Court heard.

Gallacher, 48, denies owning a dog which was dangerously out of control at The Bonny Inn in Clayton le Dale, Blackburn, on September 28 last year.

Opening the case, prosecutor Andrea Fawcett said: "The Crown's case is that this was an omission on the part of Mr Gallacher. An omission in that he has failed to supervise the contact between (the girl) and Baxter.

"Mr Gallacher, by his own admission, is an experienced dog owner and as such must have known that any animal is never entirely predictable, and if you own a dog, from a Yorkie to a pitbull, you must have some duty of care for anyone who comes into contact with your animal.

"The prosecution further say that this incident took place in a busy beer garden. It is an environment which, it is fair to say, where there were unsupervised young children playing around and certainly at least one other dog in that area."

She said the defendant consented to the girl's request to stroke his dog.

She went on: "The prosecution say that should have rang alarm bells and that contact between (the girl) and Baxter, however long it took, should have been supervised by the owner of the dog, Mr Gallacher.

"The prosecution case is that is not what happened and, in effect, he has resumed his conversation with a friend who he was talking to at the time, and he has taken his eye off the ball.

"It is clear that he did not actually see what happened. The Crown's case, in a nutshell, is that he should have done."

When interviewed by police, the girl said: "I asked the man if I could stroke him (the dog). He said yes. I stroked him and he just turned on me.

"He just bit me. Bit me really hard, he bit me three, four times."

She said the dog was on a lead and sat down, but said the man was not holding it as it was tied to the bench where he sat.

Giving evidence, the girl agreed with Gallacher's solicitor Kathryn Jamieson-Sinclair that she may have frightened Baxter when she went to continue stroking him under the table bench.

The court heard that a family friend carried the injured girl into the pub where her parents were

.

In a statement, the girl's mother recalled telling Gallacher in the pub: "You want to get that dog under control with a muzzle."

Gallacher, of Ribchester Road, Clayton le Dale, who also played for Dundee United, Coventry City and Newcastle United, faces a two-day trial.

Giving evidence in his defence, Gallacher said he believed he had control of eight-year-old Baxter, who he had owned since he was a puppy.

He said he held the dog's collar and lead when the girl patted his dog at his side before Baxter laid underneath the bench.

Gallacher said he turned from his astride position at the picnic table to face his friend, with his feet touching the dog.

He then heard "a yelp" from underneath the table which he compared to a sound if he stepped on the dog's tail.

He looked down and Baxter was sat "placid as if nothing had happened" and the girl was in a squat position.

He told the court: "There was no crying, which I thought strange. I asked her three times if she was okay.

"As I moved her hair away, I noticed a cut to her head."

Ms Jamieson-Sinclair asked him: "Do you believe you had control of your dog?"

He replied: "I believe I had control of my dog."

The solicitor continued: "Do you believe Baxter was doing anything untoward?"

Gallacher said: "No, I don't believe he has done anything untoward."

Ms Jamieson-Sinclair said: "Did you feel in any way concerned that day at any point over his behaviour?"

The defendant said: "I had no reason to feel concerned. I had more reason to feel concerned for the child because I didn't know what happened."

Gallacher said Baxter was a "good-natured dog" with no previous problems who regularly played with his two daughters.

He told police that Baxter's actions may have caused the injuries but not his nature.

The court heard that Baxter was the third golden retriever that he and his wife, Aileen, had owned and the dog had been trained through The Kennel Club.

He said Baxter had been to The Bonny Inn pub "a few times" without incident.

He said: "I always keep him in close proximity. Even though he is tied I am stroking him."

Gallacher agreed with the prosecutor that he did not think to ask the girl to be careful before she stroked Baxter.

But he said the girl "stepped back" to the corner of the bench after the initial stroke.

He said: "I believe the child should have come back to me and asked if she could stroke him again. That is what I have always been told by my parents."

He disagreed that the whole incident happened "in a matter of seconds" and was instead "nearer to 30 seconds plus".

He said when he turned to face his friend the girl was "nowhere within touching distance of the dog".

Earlier, two doctors who treated the girl told the court the injuries were consistent with a dog bite but they could not "conclusively" say that was the cause of the injuries.

Ms Fawcett asked Gallacher: "Are you personally suggesting that Baxter did not bite (the girl)?"

He replied: "I am not personally suggesting Baxter did not bite her. I have a belief that he did not."

The prosecutor said: "Are you saying she is mistaken how she got injured?"

Gallacher said: "I don't know how she got the injuries."

He denied taking "zero notice" of the girl while she was with his dog.

The court has heard there were no witnesses to the alleged dog bite other than the girl.

The trial continues tomorrow.

[Gav]

I'm more interested in the fact he said we should expect mid table this season, wouldn't critisize **** and really should get off the fence and know better.

[Jock]

If it was my child in the dog attack I'd have ripped the b@5tard dogs head off.

[T J Hooker]

Sounds suspicious to me, my guess would be that the girl approached the dog under the table, the dog yelped at her to stay away and this shocked her causing her to hit her head on something under the table and I think the kids parents(who should have had a theit child under control and not pestering dogs in a pub garden) have seen pound signs.

[Baz]

Sounds suspicious to me, my guess would be that the girl approached the dog under the table, the dog yelped at her to stay away and this shocked her causing her to hit her head on something under the table and I think the kids parents(who should have had a theit child under control and not pestering dogs in a pub garden) have seen pound signs.

Its like an episode of Columbo.....

The dog has bitten the girl, as evidenced by the bite marks.

What I find strange is that this a 2 day trial.

Obviously blame on Gally for the dog biting, but a lot more on the parents who appear to be in the pub whilst the kid is running round the beer garden

[Husky]

Sometimes I think kids should be kept on leads too.

[bluebruce]

Think this is pretty stupid, and see no reason it should be in court. Kid gets minor cut on head because she probably yanked the dog's tail. The owner still had the dog on its lead, and its a bloody golden retriever not a rottweiler. I got bitten by a dog as a kid. It was off its leash and ran at me, biting me for no reason at all. I didn't think let's get this owner in court, although in that case I did think (more justifiably than here) that perhaps that was a dog that should be put down.

I might have felt a bit more of a sense of justice though, since when it ran at me again for seconds, I volleyed it clean in the face.

[DE.]

A well behaved and properly brought up dog wouldn't bite a child for no reason. Anybody who has seen a kid interact with a dog will know how rough they can be and how dogs will react if their tails/ears are yanked or their noses smacked.

Gallagher was stupid for letting a child go near his dog without supervising, but I doubt the animal is at fault here as he appears to look after his dogs well enough.

[Gav]

Just ban dogs, job done.

Nobody can tell what a dogs thinking, most are fine, but a good number like chewing on kids heads and thats enough to ban them for me.

I was brought up with dogs in the family, had one from 0-16yrs, never had an issues, but people can't be trusted to look after them, be it dog sh1t everywhere or treating them like sh1t.

Just ban them, get rid of the risk.

[SIMON GARNERS 194]

Gav pal,your brain is still in Blackburn...please collect asap!

[DE.]

Just ban dogs, job done.

Nobody can tell what a dogs thinking, most are fine, but a good number like chewing on kids heads and thats enough to ban them for me.

I was brought up with dogs in the family, had one from 0-16yrs, never had an issues, but people can't be trusted to look after them, be it dog sh1t everywhere or treating them like sh1t.

Just ban them, get rid of the risk.

Would you not have to ban practically every sentient being under this criteria, including humans?

[T J Hooker]

Despite the reputation that staffy types have, i read recently that retrievers and labs are actually guilty of bitting more people and they also have a stronger bite than staffys.

[Proudtobeblue&white]

Lot more humans travel through Blackburn Mags Court than dogs, just an observation, and as an owner of three dogs who have never appeared before the beaks, I woof from experience.

[thenodrog]

If it was my child in the dog attack I'd have ripped the b@5tard dogs head off.

Would you really Jock? And who would have ripped your head off for letting your 7 year old daughter play outside the Bonny Inn UNSUPERVISED whilst you and your missus were swilling ale inside?

Seems not only is there a busy road running past the Bonny but there were other dogs around too. What responsibility or concern were the kids parents exhibiting in that instance? The answer is of course none. Gally's dog was tied to a table leg that he was sitting at and he knew where it was all the time. Pity the girls parents didn't have show similar responsibility with their daughter.

"She said the dog was on a lead and sat down, but said the man was not holding it as it was tied to the bench where he sat.

Giving evidence, the girl agreed with Gallacher's solicitor Kathryn Jamieson-Sinclair that she may have frightened Baxter when she went to continue stroking him under the table bench.

The court heard that a family friend carried the injured girl into the pub where her parents were..

In a statement, the girl's mother recalled telling Gallacher in the pub: "You want to get that dog under control with a muzzle."

Lets be honest the dogs minding it's own business one minute and the next it's got some kid messing with it that it obviously didn't want. It doesn't have the power of speech has it? Whose to say that it hadn't been hurt by children poking it or pulling it's ears in the past? The salient point here is that the dog did not move to attack the child did it? The child moved to the dog.

As far as the rest is concerned if it had not been a famous person this would never have got to court. A two day trial is just a pisstake on the Justice system and the taxpayer. Dunno how it works but I hope Gally and the dog are absolved of blame and the girls parents cop for the costs.

[onlyonejackwalker]

We had a dog. If you blew in its face it would try and bite you. Stupid, irresponsible parents should be caring their own kids.

Reasoned response from Gav I've cats dumping in my garden at the moment. I say ban everything.

[Gav]

Would you not have to ban practically every sentient being under this criteria, including humans?

Ava Jayne-Corless would still be with us if it wasn't for a dog.

http://www.dailymail.co.uk/news/article-2867266/Baby-girl-mauled-death-cot-pitbull-type-dog-child-s-mother-partner-fell-asleep-sofa-animal-escaped-kitchen-inquest-hears.html

Why take the chance, just ban them, people are not responsible enough to own them.

Thats my last comment on the subject, this is a football site.

[Baz]

Ava Jayne-Corless would still be with us if it wasn't for a dog.

http://www.dailymail.co.uk/news/article-2867266/Baby-girl-mauled-death-cot-pitbull-type-dog-child-s-mother-partner-fell-asleep-sofa-animal-escaped-kitchen-inquest-hears.html

Why take the chance, just ban them, people are not responsible enough to own them.

Thats my last comment on the subject, this is a football site.

Lassie and the Littlest Hobo saved loads of lives, and St Bernards carry alcohol. I rest my case m'lord.

[Mike E]

Ava Jayne-Corless would still be with us if it wasn't for a dog.

http://www.dailymail.co.uk/news/article-2867266/Baby-girl-mauled-death-cot-pitbull-type-dog-child-s-mother-partner-fell-asleep-sofa-animal-escaped-kitchen-inquest-hears.html

Why take the chance, just ban them, people are not responsible enough to own them.

Thats my last comment on the subject, this is a football site.

Ban humans! Ive been bitten by a human but never a dog.

[T J Hooker]

Can we ban mosquitoes next please

[47er]

World would be a poorer place without dogs. Golden Retrievers are renowned for being just about the most placid breed there is.

Something wrong here. If this particular dog had a bad side to it surely it would have shown itself before now?

[Mattyblue]

Very authoritarian Gav. Owt else need stopping? What about booze and general revelry? Channel your inner Cromwell some more.

[K-Hod]

47er pretty much bang on the money, and it's rare we agree!

[T J Hooker]

World would be a poorer place without dogs. Golden Retrievers are renowned for being just about the most placid breed there is.

Something wrong here. If this particular dog had a bad side to it surely it would have shown itself before now?

Its all just part of the compensation culture thats found its way across the Atlantic in the last 15-20 years and its getting worst every year, where will it end.

[oldjamfan1]

Sounds suspicious to me, my guess would be that the girl approached the dog under the table, the dog yelped at her to stay away and this shocked her causing her to hit her head on something under the table and I think the kids parents(who should have had a theit child under control and not pestering dogs in a pub garden) have seen pound signs.

I have to say, this actually sounds extremely plausible. Echo all the other sentiments about the case being a waste of taxpayers' money and the compensation culture.

[Pedro]

I have to say, this actually sounds extremely plausible. Echo all the other sentiments about the case being a waste of taxpayers' money and the compensation culture.

I don't think it bit her. Silly kid, idiotic pisspot parents. £££££££'s in mind.