CWU Welcomes Tough Sentence Handed Down To Dangerous Dog Owner

The Communication Workers Union has welcomed the tough sentence handed down to dangerous dog owner Jamal Richards at Sheffield Crown Court, following the savage mauling of Sheffield DO Postman Paul Coleman by Richards two dogs.

Richards received two concurrent nine months jail sentences after pleading guilty to two offences under the Dangerous Dogs Act (DDA) of allowing the dogs to be dangerously out of control in a public place. He was also banned from keeping dogs for seven years.

The Court was told that on Tuesday 18th December 2007,  Paul Coleman was performing his delivery round, delivering the Christmas mail, on Rothay Road, Grimethorpe, Sheffield when the two snarling dogs which had escaped from a garden shed in nearby Birdwell Road, came after him "barking, growling and lunging at him". Paul tried desperately to escape but the dogs grabbed a leg each and pulled him to the ground tearing "lumps of flesh" from his legs as they dragged him from the property he was delivering to and into the road where they continued to subject him to a bloody 15-minute mauling. During the prolonged attack he suffered serious leg, arm and chest injuries. 

Sheffield Crown Court heard last week that Richards kept the dogs in an insecure garden shed in the backyard of his small terraced house on Birdwell Road, Grimethorpe which Postman Paul Coleman had to cross. The dogs had escaped before and Richards had already been warned about his dangerous dogs a few weeks previously, but on the day of the attack neither dog was chained up or controlled and they escaped to jointly launch the vicious attack on luckless Paul Coleman.

Neighbours and a passing Parcelforce driver stopped and went to Mr Coleman's assistance. The Parcelforce Driver hit the Dogs with a Metal Bar but they continued the attack. Other helpers hit the Dogs with various weapons including garden tools, a rake, a hammer and even boiling porridge was poured on to one of the Dogs but all attempts failed to stop the dogs attack. The dogs finally broke off at the sound of approaching Police sirens. One of the Dogs a Bull Terrier-Bulldog cross was destroyed by armed Police Officers and the other a Staffordshire Bull Terrier-Japanese Tosa cross ran off.

40 year old Paul who had suffered considerable blood loss and sustained serious injuries to both legs, the right arm and his torso was rushed to hospital where he spent a week undergoing emergency surgery, followed by a series of operations, skin grafts and plastic surgery to repair his serious injuries. The court heard he still suffers psychological problems after the incident last December and is still off work, and has reduced mobility and permanent scarring. Further surgery may well be required in the future. At one stage it was thought that he may have lost his right arm in which serious nerve and muscle damage occurred but surgeons managed to save it. Bites on his left leg went down to the bone and skin grafts were needed to the front and back of both legs. Paul has indicated that he is finding it difficult to come to terms with the attack and frequently suffers nightmares.
  
Sentencing Richards, Judge Alan Goldsack told him: "The photos show dreadful injuries. Lumps of flesh were literally torn from the victims body and he was in a state of trauma - as, no doubt, were the witnesses and his wife and children." He added: "Anyone knows these kinds of dogs can cause very serious injuries if they are not properly controlled."

Speaking after the case Paul Coleman said "I still suffer flashbacks and I now have a heightened fear of dogs. Hopefully this will show people they can't leave dogs out to cause damage, because they risk jail if they do". Paul hopes to return to work in six weeks time. He thanked CWU Area Safety Representative Darrell Bennett for his help and support and he has now launched a personal injuries claim for compensation via the Union's Solicitors. 
 
National Health and Safety Officer Dave Joyce said "The Union welcomes the seriousness with which the court treated this case and welcomes the decision of Judge in this case to hand down a sentence of two concurrent nine months jail sentences. This sends out a clear message to other irresponsible owners of dangerous animals that can inflict such terrible injuries. Imposing custodial sentences is clearly the only deterrent the individuals that own such animals will understand because small fines and compensation orders have clearly failed in the past. Since the 1991 Dangerous Dogs Act came into force, attacks have not diminished mainly because courts have not used their full sentencing powers under the Act and the lack of consistent enforcement by the Police and local authorities. Hopefully this case signals a toughening attitude towards those found guilty under the DDA."

Dave added "We have requested investigations to determine why previous warnings, raised by a neighbour about the Dogs, were not acted upon by the Police or by the local Council and the Police are investigating this."

Paul and his Area Safety Representative Darrell Bennett ASR also highlighted some concerns regarding shortcomings at the Sheffield Delivery Office regarding the risk assessment process and the process used when an employee highlights a concern regarding dangerous dogs on his round to his manager. "We requested a thorough investigation of this by the HSE and after some discussions with Inspectors, investigations are taking place" added Dave. 

South Yorkshire has had more than its fair share of bad attacks in recent years as Darrell Bennett explains "Postman Terry Johnson suffered 41 bite wounds, some down to the bone after he was set upon by a ferocious Alsatian in Rotherham and Barnsley postman Noel Harrison needed 56 stitches in his face after being savaged by a Bull Mastiff."  

Other recent horrific dog attacks in recent months include:-

Alan Smith Brinklow DO was attacked by an Alsatian in February in Milton Keynes receiving severe facial and neck injuries requiring 100 stitches. Bedfordshire Police have charged the owners under the DDA.

Wayne Collard Bridgewater DO was attacked by a Bull Mastiff in February receiving serious injuries to his genitals requiring 70 stitches.

Elaine White Wakefield DO had a finger completely bitten off earlier this month. Elaine's finger was bitten off by a dog as she pushed her fingers through the letterbox. The householders had one dog which Elaine knew about and saw sitting in the window however, the owners had just obtained a new second dog which attacked Elaine. The police visited the owners and retrieved part of Elaine's finger but surgeons were unable to reconnect it.

Following Paul Coleman's attack the Health Safety and Environment Department launched the CWU "Bite-Back" Campaign calling for:-

• Government action on modernising and strengthening the law on dangerous and unruly dogs,
• The DDA should be based on the legal duty of care of the person in charge of the dog, and the owner of the dog who put that person in charge of it, to ensure the dog is not dangerously out of control,
• Extension of Section 3 of the DDA "dangerously out of control" to include attacks on private premises,
• Incorporate the 1871 Dogs Act into the DDA which is currently a Civil Action, not a Criminal action and make the law applicable on private premises,
• The DDA Index of Exempted Breeds to be "opened" so that any dog can be registered as such and be duly neutered, tattooed and microchipped etc thus avoiding custody and lengthy court proceedings. (Punish the Deed - Not The Breed),
• The introduction of Dog "ASBOs" by which a court can issue a control order with a lower burden of proof. These new orders against owners of genuinely dangerous dogs to include 'preventative measures' if a dog comes to the attention of the authorities for bad behaviour prior to any attack and  should be used when a dog has, for instance, shown aggression, caused injury to another animal, caused harm to a person or caused them to believe they may be harmed.  The Control Orders could compel the owner to train and control the dog, or require one or more of the following; the dog to be destroyed, the dog to be kept under proper control, the dog to be kept subject to conditions such as being on a lead or muzzled, the dog to be kept on the premises, the dog to be re-homed, the dog owner disqualified from being in charge or having possession of a dog for as long as a court deems appropriate.
• Harsher penalties to DDA offenders, giving guidance to the courts to increase fines and to use imprisonment sentences, ensuring better protection from dangerous, out of control dogs for Postal Workers delivering the Mail and other workers visiting premises.
• Better enforcement of the DDA by the 43 UK Police Forces,
• The HSE to investigate dog attacks and prosecute employers who fail to assess and control risks workers,
• The introduction of a 'work-related dog attacks protocol for liaison to be introduced and signed by the Police, the Association of Chief Police Officers (ACPO), the Health and Safety Executive, LACORS (the Local Authorities Coordinators of Regulatory Services), the Local Government Association and the Crown Prosecution Service in order to create a new partnership to emphasise the importance of working together to investigate thoroughly all aspects of dog attacks and to prosecute appropriately, those responsible for the criminal aspects as well as the work-related health and safety law aspects of dog attacks. All signatory organisations would then work in partnership to deliver the high standard of professionalism that the public and workers exposed to risks require and deserve. Under the protocol Police can investigate and prosecute the serious DDA criminal offences (other than health and safety offences). If he victim is at work at the time of an attack the police will notify the HSE, the local authority or other enforcing authority in accordance with current enforcement regulations in order that any Health and Safety offences are investigated and prosecuted.
• The dangerous dog owners in personal injury cases to be required in all cases to pay compensation for injury, loss or damage, underpinned by system supported by the Insurance Industry or Government along similar lines to the Motor Insurers Bureau scheme covering uninsured and untraced owners.

Dave concluded "Thousands of postmen and women are attacked by dogs in the UK every year and we want tougher action against irresponsible owners of ferocious dogs who give little thought or respect for postal delivery staff and allow them to attack Postal delivery workers. The number of attacks are not improving, the severity of attacks appears to be increasing and the Law is not providing sufficient protection for Postal Workers. The sentence given to Jamal Richards is the exception - we want it to be the rule"

Dave also set out the proposals put to Royal Mail which are:-

1. To jointly review the Royal Mail Dog Attack Procedure as it is not helping reduce animal attacks against postal workers.
2. Royal Mail to put in place a process to prosecute Dog owners taking Civil Action under the 1871 Dogs Act following attacks and to immediately suspend deliveries indefinitely until a risk no longer exists.
3. Royal Mail to introduce a new dog attack training initiative to ensure risk assessments are carried out and sufficient Information, Instruction, training and Supervision are provided. 
5. Royal Mail to review provision, use and effectiveness of Personal Protective Equipment under the PPE Regulations (Dog deterrents).
6. To urgently audit all Royal Mail Delivery Offices to examine how many actually have Risk Assessments on the issue of Dog Attacks and how many are suitable and sufficient.
7. Royal Mail to review communication between Delivery Office Managers and Local Authority dog wardens.
8. Royal Mail Delivery Risk Assessments to be routinely reviewed to ensure specific Health and Safety Legislative compliance. 
9. Develop and produce a joint RM/CWU Dog Attack Pocket Card for distribution to all workers on Delivery.

See also: The Dangerous Dogs Act - CWU "Bite-Back" Campaign Launched

Source:CWU press release  

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