It is with regret that I read your We will shoot if dogs attack' headline (Echo, May 14) as it was clearly designed to sensationalise an otherwise informative piece and served only to inflame the already strained relationship between some dog-owners and some farmers.
It contrasted sharply with the measured response of Andy Foot, the Dorset NFU Chairman. If the intention was to intimidate dog owners not to walk sheep grazing areas such as Maiden Castle then I hope that I may be allowed to remove some of the concerns.
Farmers do not make a habit of shooting people’s pets willy nilly and contrary to popular belief they do not have a ‘right’ to do so enshrined in the law.
Although the owner of a dog worrying sheep is committing a criminal offence under the Dogs (Protection of Livestock ) Act 1953, the law creating this offence does not empower the farmer to shoot the dog.
These days a farmer who shoots someone’s marauding dog is quite likely to be charged with criminal damage.
However under the Animals Act 1971, if he does then he has a defence available to him in that he was protecting his sheep, which are his property.
Under this Act the defence is available to someone who is the subject of civil proceedings for killing or injuring a dog that was worrying or about to worry livestock.
The defence can be used where there were no other means of ending or preventing the worrying or where the dog that had done the worrying was still in the vicinity and not under control and there were no practicable means of establishing ownership.
The farmer would have a similar defence to a civil action taken against him for shooting an offending dog. However, this is a defence which needs to be proven. He would also need to have notified the police within 48 hours of the shooting.
So, the sensible interpretation of this 'news' story is: Dog owners continue to walk your dogs responsibly and with consideration for livestock which may be close to giving birth but do so without fear that your pet is about to be shot dead by some gun-crazed farmer.
If your dog remains under close control, it just isn't going to happen.
David Green, Footpath secretary, South Dorset Ramblers, Maiden Castle Road, Dorchester.
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