Associated Press
Sam, a West Highland Terrier shown in this file photo from last month, today won an appeal of a death sentence imposed for his constant barking.
Associated Press
Nov. 13, 2001 07:32:00
Appeals court judges ruled that the terrier should instead be cared for by Scotland's Society for the Prevention of Cruelty to Animals, which will try to find him a new home.
The ruling overturns a lower court's ruling that Sam should be destroyed.
His owner's neighbor had complained.
Animal rights groups had feared that killing Sam would have set a precedent in other cases involving noisy dogs.
The owner says he's glad Sam's life has been spared, but disappointed he couldn't keep him.
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Barking Sam still behind bars
The "bail" request on behalf of Sam, the West Highland Terrier was turned down by Lord Marnoch at the High Court in Edinburgh.
The judge said the district court which condemned Sam should also decide where he is kept pending an appeal by his owner against the sentence.
The eight-year-old West Highland terrier, was ordered to be destroyed last month by a justice of the peace at Aberdeen District Court after continual complaints about his barking.
Mr Shaw is appealing Sam's death sentence.
Following the decision the dog was taken into custody by the police and transferred to Mrs Murray's Home for Stray Cats and Dogs in Aberdeen.
Sam's owner, William Shaw, 56, then won his pet a stay of execution until a hearing is held at the Court of Appeal in Edinburgh.
On Tuesday, Mr Shaw's legal team told Lord Marnoch that he wanted the dog to be housed by the National Canine Defence League.
But the request was turned down on the grounds that the local magistrate in Aberdeen should determine where Sam is kept pending the outcome of his appeal.
The dispute over barking Sam started five years ago when a neighbour of owner William Shaw complained about the noise.
Petition of support
A court order was made in June 1996 ordering that Sam be kept quiet. Mr Shaw has since been fined several times for failing to comply with it.
The dispute came to a head last month when Justice of the Peace John Logan ordered that Sam should be destroyed.
Mr Shaw branded the move as "a disgrace" and vowed to appeal the decision.
Hundreds of local people have signed a petition to save the dog and leading QC Donald Findlay has offered his support.
There has also been support from the owners of a Peterhead dog saved from a similar legal fate three years ago.
Woofie was saved after the intervention of former French film star and animal lover, Brigitte Bardot.
Condemned dog earns reprieve
William Shaw described the order by Justice of the Peace John Logan to destroy his eight-year-old West Highland terrier, Sam, as an "absolute disgrace".
A court order was made in June 1996 ordering that Sam be kept quiet.
His 56-year-old owner has since been fined several times for failing to stop Sam making a noise.
Mr Shaw: "It's an absolute disgrace"
Mr Shaw said: "She claims that the dog barks when we are not here and, you see, you've got no defence to that. "We have to leave him for a few hours at a time and she claims he barks, so what can you say?"
However, other neighbours in Aberdeen's Braeside area are supporting Sam.
One woman said to kill a dog for barking was "unforgiveable".
Animal lover
There has also been support from the owners of a Peterhead dog saved from a similar legal fate three years ago.
Woofie was saved after the intervention of former French film star and animal lover, Brigitte Bardot.
Woofie's plight attracted massive media attention both in Scotland and abroad.
The dog, a black collie-boxer mongrel, landed herself in trouble after escaping through a window at her home and running down the street barking at passers-by including a postman.
