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Saturday, September 29, 2001

Edinburgh High Court Hears Death Row Dog's Appeal

"His bark is worse than his bite."

—George Herbert, Jacula Prudentum (Outlandish Proverbs), 1651

ABERDEEN, SCOTLAND — In this case, a dog's bark was bad enough to warrant the death sentence, courtesy of the Aberdeen District Court's June 1996 ruling by Justice of the Peace John Logan.  But this week, "Sam", an eight-year-old West Highland Terrier, got a reprieve pending an appeal in the High Court in Edinburgh.

Sam in window
Sam a dangerous dog?  Only in the Land of Lilliput. (Photo: BBC News)

Sam, the canine ward of 56-year-old William Shaw, was charged with excessive barking, which on several occasions prompted a neighbor to complain.  In June 1996, in a ruling Mr. Shaw calls an "absolute disgrace", Sam was condemned to death by Judge Logan who somehow interpreted the UK's Dangerous Dogs Act to apply to a 10-lb. fur-ball.

Since then it seems that the punchy little Westie has found a few friends and followers amongst other Aberdeen Braeside residents.  With mounting public support, Sam has been granted a hearing before the High Court.

This absurd scenario is not entirely without precedent.  In 1998, the Peterhead Sheriff Court ordered the destruction of a black collie-boxer mutt named "Woofie" under the UK's Dangerous Dogs Act.  The case caught the eyes of thousands of people, making Scottish headlines as well as international coverage.

Three-year-old Woofie had escaped from her yard and had barked and growled at postman Andrew Ainsley in the town of Peterhead, Woofie the dogGrampian.  In court, the dog's guardian Terry Swankie, 52, entered a plea of 'guilty' and said he expected to be fined but was shocked when the court ordered the dog to be put down.

Amid a spate of pro-Woofie supporters including one of Scotland's leading barristers, Gordon Jackson, QC, and actress-turned-activist Brigitte Bardot, two judges, Lord Prosser and Lord Allanbridge granted the appeal in Edinburgh, which ultimately proved victorious for Woofie.  On November 20, 1998, Lord Kirkwood of the High Court of Edinburgh overturned her death sentence, stating "We have decided to allow the appeal and quash the order."

Brigitte Bardot, Tom Hanks
The 1998 Woofie Case drew a tremendous crowd. (Photo: BBC News)

Woofie walked, and the public was delighted.  Said film-star Brigitte Bardot, "This is the right justice.  I was here to give support and would come back again if it was for another Woofie."

Better pack your bags, B.B. Here we go again.

Certainly many dog-lovers may find themselves in this same unfortunate quandary as long as parliamentary and legislative actions permit such painful misinterpretations of the law.  That is why we at The Scoop have compiled a handy Top 8 List of how best to react in such situations.  (For those of you just joining us, we do top "8" lists for the benefit of dogs who have no dewclaws and can only count to eight.) We now present...

The Top 8 Things to Do When Your Neighbor Wants to Have Your Dog Killed for Barking

  1. Your dog is probably just bored.  Keep your dog occupied with something to chew on, like say... your neighbor's underwear.
    With your neighbor still in it.
  1. Perhaps all that is needed is some simple training.  Begin with "sit", "stay" and "shut up".  The whole neighborhood will be grateful to you once you teach your neighbor these three basic commands.
  1. File a legal motion to have your neighbor executed for smelling bad. (It upsets your dog terribly.)
  1. Inform the court that it wasn't your dog barking.  You were just listening to James Brown records.
  1. Barking?  That's nothing.  Give your neighbor something to really be irritated about!  Ride your bike back and forth in front of his/her house with a Mr. Microphone® shouting, "Hey, good-lookin', pick you up at 8:00!"  Continue doing this well after 8:00.
  1. Run your lawnmower constantly; no one will ever hear your dog barking over that.  Especially not at 4:30am on a Wednesday.
  1. Keep insisting that it's not a dog, it's a whale.  (You see, whales are on the endangered species list.)

and the #1 Thing to Do When Your Neighbor Wants to Have Your Dog Killed for Barking is...

  1. Teach your dog how to bark in Japanese.  I don't know how that'll help, but it's a really cool trick!
    (That is, unless your dog is Japanese.)

For free help and advice concerning the Dangerous Dogs Act 1991 and other canine legislation, contact the National UK Helpline at www.endangereddogs.com

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