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Puppy shot dead by farmer after running off during a walk

...has received 53 comments (page 5)
smokeybear
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Posts: 14,404
Female 
 
17-03-2012, 08:51 PM
You sound a delightful person, who uses delightful language and no doubt had a delightful dog and you failed in YOUR duty of care to your dog.

So rather than focus on the actions and failings of others, perhaps a good look in the mirror would be more constructive so that any future dogs you may choose to own do not lose their life due to your failures of control and training.?
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Chris
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Joined: Jun 2006
Posts: 8,921
Female 
 
17-03-2012, 08:59 PM
The report says that the premises are a farm and the man that shot the dog is a farmer. If he is retired and the farm no longer operates as a farm, wouldn't you have a case in Law against his use of a firearm?
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someonewhoknows
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Joined: Mar 2012
Posts: 6
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17-03-2012, 09:10 PM
the truth is jack twomey is not a farmer,his wife is a tennant farmer, he is retired and old, they both know us and our dogs and were freindly to wards us he saw my wife calling our dog, waited for her to move on and then shot archie .we know we should have not let archie wonder too far off but as this is all arrable here we would not have thought a neighbour would have been so mallicious
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Tang
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Joined: Sep 2008
Posts: 14,788
Female 
 
17-03-2012, 09:14 PM
Extract from the Animals Act 1971

9. (1) In any civil proceedings against a person (… referred to as the defendant) for killing or causing injury to a dog it shall be a defence to prove:
(a) that the defendant acted for the protection of any livestock and was a person entitled to act for the protection of that livestock
(b) that within forty-eight hours of the killing or injury notice thereof was given by the defendant to the officer in charge of a police station.
(2) (this clause explains who is entitled to act for the protection of any livestock)
(3) Subject to subsection (4) of this section, a person killing or causing injury to a dog shall be deemed for the purposes of this section to act for the protection of any livestock if, and only if, either:
(a) the dog is worrying or is about to worry the livestock and there are no other reasonable means of ending or preventing the worrying; or
(b) the dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practical means of ascertaining to whom it belongs.
*Poultry are included under 'livestock', game birds are not.

I really don't think the man's 'lifestyle' has anything to do with it.

Ultimately it doesn’t matter if it is a legal right or a legal defense – the bottom line is that a farmer will not be prosecuted for shooting your dog.
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someonewhoknows
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17-03-2012, 10:00 PM
legally right so morally wrong
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youngstevie
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Posts: 20,832
Female 
 
17-03-2012, 10:09 PM
As Mrs Harrison and her husband searched for Archie, calling his name, Mr Harrison received a phone call, informing him that the puppy had been shot - legally - because he was worrying chickens.

“The man asked me if I had a dog called Archie and I said 'yes',” said Mr Harrison. “He then said 'I just shot him dead'.”

Im a little confused........ the report say the above

Yet your saying
the truth is jack twomey is not a farmer,his wife is a tennant farmer, he is retired and old, they both know us and our dogs and were freindly to wards us he saw my wife calling our dog, waited for her to move on and then shot archie .

If the report in the paper was wrong wouldn't you have asked them to retract the bit about ''receiving a phone call'' as that suggests to me, at least, that you couldn't see your dog, in which case you wouldn't know what your dog was doing.
I actually feel for you both deeply, but it still IMO doesn't excuse a dog being off lead near/on farmland where there is a risk of livestock being worried or killed.
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someonewhoknows
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17-03-2012, 10:11 PM
legally right so morally wrong
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someonewhoknows
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17-03-2012, 10:16 PM
at that time i wasnt with my wife what is your point
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youngstevie
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Posts: 20,832
Female 
 
17-03-2012, 10:28 PM
My point was the two accounts are different, thats why I am a little confused. As I said I feel for you, but although I may not agree with shooting dogs, farmers can legally if they have any worries over their livestock being worried or killed.
As much as they were friendly towards you, know your dogs etc etc., it is best to have dogs on leads near farmland.
My own dogs have no interest in livestock, but if they roamed off out of sight and got shot, I couldn't argue that they were not doing what the farmer said they were
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Tang
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Joined: Sep 2008
Posts: 14,788
Female 
 
17-03-2012, 10:35 PM
And there you have it Stevie. A dog cannot put their side of the story and the dog is dead.

I don't know what all this seeming argument about the strict definition of a 'farmer' is about or whether the man was 'a proper farmer'. It is the use of the land that matters. If the land is used to keep livestock (which poultry are). If you own land and you graze animals or raise poultry on it - who do you go to to get an official 'farmer' title?
Dogs (Protection of Livestock) Act 1953
http://www.legislation.gov.uk/ukpga/Eliz2/1-2/28
Particular attention should be made to this section...
3 Interpretation and supplementary provisions. E+W+S.(1)In this Act—.
“agricultural land” means land used as arable, meadow or grazing land, or for the purpose of poultry farming, pig farming, market gardens, allotments, nursery grounds or orchards; and“livestock” means cattle, sheep, goats, swine, horses, or poultry, and for the purposes of this definition “cattle” means bulls, cows, oxen, heifers or calves, “horses” includes asses and mules, and “poultry” means domestic fowls, turkeys, geese or ducks.
If you want to gen up on rules and regs regarding dogs and agricultural land - the poultry keeper forums are the best place for that!
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