A letting agent was attacked by an XL Bully after its owner told the dog to 'get him'. John Walkden, 62, was living at a rented property in Bolton and had been having issues with cleanliness.
James Melly, the letting agent, had spoken to Walkden on multiple occasions about the matter. During one visit, Walkden became aggressive towards Mr Melly before ordering his dog, Tank, to attack him.
After around five minutes of goading Tank to 'get him', the dog jumped up at Mr Melly and scratched his arm.
Court hears details of attack
Walkden pleaded guilty to being an owner in charge of a dog dangerously out of control causing injury. He was handed a suspended jail term, banned from owning dogs for five years, and Tank was ordered to be destroyed.
At Manchester Crown Court, Olivia Brooksbank-Laing, prosecuting, said that Mr Melly had repeatedly spoken to Walkden about issues with cleanliness in the property, and the local authority had become involved.
She said that at around 9am on July 3 last year, Mr Melly attended with his brother-in-law to drop off some cleaning materials for Walkden to use. However, Walkden became aggressive and pointed towards him, asking 'are you the landlord?'
"Mr Melly responded and said that he was, and the defendant began shouting and swearing at him. Mr Melly suggested they go inside, which they did, to calm the situation," she said.
"The defendant then attempted to punch Mr Melly and antagonising his dog, Tank, to attack him by shouting at him to 'get him'. The defendant then followed Mr Melly, who went into the garden, telling Tank to 'get him, get him', causing the dog to jump up and scratch him to the left arm."
Previous dog attack
Mr Melly then left and called the police. In a statement, he said he felt 'unprotected' and said he was 'just trying to do his job'. Tank was seized the same day and has remained in kennels ever since, the court heard. Ms Brooksbank-Laing said that those looking after Tank said he was behaving 'perfectly' but there was no safe place for him to return to. The total cost of him being in the kennels since the date of the incident was £8,565.
Walkden was said to have 44 previous convictions for 89 offences, including for a similar attack in 2019. Bolton Crown Court previously heard that Walkden's bulldog, Shadow, bit his neighbour on the arm as he passed through the front yard of a house to access his flat while he was sitting in his mobility scooter.
The dog continued the painful attack and began biting him on his hand as well. Walkden then emerged from the house shouting at Shadow, but the dog would not let go until he began punching and kicking it. Shadow eventually relented and was locked in a shed. Walkden then told the man, who was bleeding 'profusely', that he 'should not have come into the yard', or 'should have shouted before he came in'. He was handed a 12 month community order in 2020 and the dog was set to be destroyed.
Sentence and destruction order
Defending, Graham Rishton said: "62 - how regrettable it is that he still finds himself in and out of prison." He said Walkden had long standing issues with drug misuse and had 'shown discontent for the unsavoury incident'. "The biggest punishment lies not with him, but Tank's fate. He was removed from his custody, and there are issues of where Tank would go, which presents the difficulty here," he added.
Handing him a suspended sentence, Recorder Sarah Griffin said Walkden had demonstrated 'limited remorse' and a poor compliance with court orders. Making a destruction order in respect of Tank, she said that he did cause injury to Mr Melly, and that she did not find Walkden to be a fit and proper person to take care of him. "I'm told you simple cannot house the dog and I do not find you to be a fit and proper person to do so," she added. He was banned from owning dogs for five years.
Walkden, of Purcell Close, Bolton, was sentenced to nine months imprisonment suspended for a year, a 12 month probation service requirement and 120 hours unpaid work. He must also complete a six month drug rehabilitation requirement.
