A letting agent was attacked by an XL Bully after its owner repeatedly urged the dog to "get him" during a confrontation at a rented property.
John Walkden, 62, had been involved in a long-running dispute over the condition of the home he occupied in Bolton when letting agent James Melly visited to discuss concerns. Prosecutors said Walkden became increasingly aggressive before turning his attention to his dog, Tank.
After several minutes of encouraging the animal to attack, Walkden shouted for Tank to "get him", prompting the XL Bully to jump up at Mr Melly and scratch his arm, the M.E.N reports.
Court Proceedings
Walkden later admitted being in charge of a dog dangerously out of control causing injury. He was given a suspended prison sentence, banned from owning dogs for five years and the court ordered Tank to be destroyed.
At Manchester Crown Court, prosecuting barrister Olivia Brooksbank-Laing outlined how Mr Melly had repeatedly raised cleanliness concerns with Walkden at the property, with the local authority also becoming involved.
She explained that at around 9am on 3 July last year, he attended the address with his brother-in-law to deliver cleaning supplies for Walkden's use. Walkden, however, turned confrontational 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 Incident
Mr Melly subsequently left the scene and contacted the police. In a statement, he said he felt 'unprotected' and said he was 'just trying to do his job'.
Tank was seized on the same day and has remained in kennels ever since, the court was told. Ms Brooksbank-Laing stated that those caring for Tank reported he was behaving 'perfectly', however there was no suitable place for him to be returned to. The total cost of his time in kennels since the incident stood at £8,565.
Walkden was said to have 44 previous convictions for 89 offences, including a comparable incident in 2019. Bolton Crown Court previously heard that Walkden's bulldog, Shadow, bit his neighbour on the arm as he made his way through the front yard of a property to reach his flat while seated in his mobility scooter.
The dog continued its vicious assault, also sinking its teeth into the victim's hand. Walkden then emerged from the property shouting at Shadow, yet the dog refused to release its grip until he resorted to punching and kicking it.
Shadow eventually relented and was locked away 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 received a 12-month community order in 2020, and the dog was due to be destroyed.
Sentence
Speaking in his defence, Graham Rishton said: "62 - how regrettable it is that he still finds himself in and out of prison."
He stated that Walkden had longstanding problems 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.
Passing a suspended sentence, Recorder Sarah Griffin stated that Walkden had shown 'limited remorse' and a poor record of compliance with court orders.
Issuing a destruction order for Tank, she noted that he had caused injury to Mr Melly, and that she did not consider Walkden to be a suitable or responsible person to care for him. "I'm told you simply cannot house the dog and I do not find you to be a fit and proper person to do so," she added.
He was subsequently banned from keeping dogs for five years. Walkden, of Purcell Close, Bolton, was handed a nine-month custodial sentence suspended for one year, a 12-month probation service requirement and 120 hours of unpaid work. He must also complete a six-month drug rehabilitation programme.
