£15k legal bill for failed prosecution of dog that bit a postman
Taxpayers will have to foot the £15,000 bill for the failed prosecution of a Northamptonshire dog owner whose pet bit a postman while out on his rounds.
Janice Prior, aged 42, was charged with not keeping her 11-year-old Dalmatian, Oliver, under proper control after he sunk his teeth into postie John Garratt's backside.
Oliver stood accused of being dangerously out of control, by attacking the postman on a public pavement, near Mrs Prior's home in Hemans Road, Daventry.
The dog has since died of natural causes, more than a year after the incident on August 23, 2008.
Yet Mrs Prior was charged and, intent on defending the allegation, she opted for a jury trial and pleaded not guilty in October, while paying her legal costs privately.
Judge Richard Bray had tried to find a solution between both sides but warned the prosecution it would be ordered to pay the costs if they lost.
Rebecca Wade, prosecuting in October, said it was in the public interest to continue to prosecute as the postman "was going about his duty in a public place and the dog was allowed out into the street".
Michael Ellis, for Mrs Prior, said: "There are 101 reasons why this case should not be prosecuted. The dog in question is an ex-dog, having died in September.
"It is recognised the postman did kick the dog post-incident and the evidence is that the dog when kicked, did run away with its tail between its legs, so to speak."
But at Northampton Crown Court yesterday, the case against Mrs Prior was dropped, six months after it was set down for a trial, when the prosecution offered no evidence against her.
Judge Ian Alexander QC awarded 15,453 of defence costs to Mrs Prior, who was not in court for the hearing, and acquitted her of the charge, brought under the Dangerous Dogs Act 1991.
He said: "The public should be told how much has been wasted. All this to prosecute because a Dalmatian allegedly bit a postman: 15,000 of tax payers' money has been totally wasted."
Miss Wade said the Crown Prosecution Service had considered offering Mrs Prior a caution.
The judge added: "A caution is equivalent to a conviction. She was entitled to a trial. The fact is you offered no evidence because you have no evidence."
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