A TODDLER has been left permanently disfigured after a dog bit her on the face.

On Thursday at Alloa Sheriff Court, both the Crown and defence agreed that the border collie attacked the then three-year-old at an address in Sauchie’s Fairfield on June 8 this year.

However, the animal’s owner, Sharon Ovens, denies that the pet was dangerously out of control contrary to the Dangerous Dogs Act 1991.

The toddler’s mother, who cannot be identified to protect the child, took to the stand first as a Crown witness.

She stated that 47-year-old Ovens, of Posthill in Sauchie, was often around as her mum lived in the same street as the victim.

On the day of the incident, neighbours and friends were in the communal gated garden area enjoying the summer weather. Ovens was there with her dog, Charlie.

The toddler had been playing with the collie, as she had done many times before without any incident.

At some point the dog disappeared into the tot’s house on its own.

The youngster’s mother told the toddler to go check on its whereabouts.

After a few minutes she heard the toddler screaming: “Help me, mum, help me.”

The victim’s mother ran in and found Charlie “on” the toddler’s face.

The mum put her hand between the dog’s mouth and the tot and hauled Charlie off by the collar.

The toddler was bleeding from a number of bite marks on her face. She also had a bite mark on her right hip.

The mum said: “It wasn’t a pretty sight to see.”

The victim’s mother claimed Charlie snapped at her wrist, but was unable to get to her.

She stated that her daughter was “hysterical”, adding: “Her face was a mess. I was shaking like a leaf.”

The toddler’s mother shouted for help, to which Ovens and Crown witness Laura McRoberts came and took the dog away.

Ovens and Ms McRoberts took the three-year-old into the bathroom to tend to her wounds while waiting on the ambulance.

The mum noted: “I was shaken up. I didn’t want to see her.
“I know that sounds nasty, but I was a bit freaked out.”

The toddler was taken to Forth Valley Royal Hospital and then rushed to Glasgow for surgery; however, she has been left scarred by the attack.

Defending, Claire McCarron questioned why there was no mention of Charlie trying to bite the mum’s wrist in her police statement.

The toddler’s mother claimed that she did tell the authorities, but “didn’t think” to check when signing the statement.

Her mind was on other things as her daughter was “lucky to be alive”.

The mother admitted to Ms McCarron that prior to the incident she trusted Charlie and had no concerns about his behaviour to stop the tot playing alone with him.

Crown witness Alan Black was next to take the stand.

Mr Black told the court that prior to the June 8 incident, Charlie bit his Olde English Bulldogge on the face.

He explained that as a neighbour to Ovens’ mother, he would often see the accused in the area.

Mr Black claimed that one day, when returning from a walk in Fairfield Park, he came across Ovens who had suggested introducing Charlie to his pet, Dexter.

As the two dogs got closer to each other, Mr Black stated that Dexter was being submissive in that he went down on all-fours. However, Charlie growled before taking a chunk out of Dexter’s face.

Mr Black laughed: “I picked Dexter up like a baby and took him upstairs. I was more frightened than he was at the time.”

Mr Black said that he did not report the incident, but was reluctant to let Dexter out afterwards.

The final Crown witness, Ovens’ cousin Ms McRoberts, told the court that when she entered the victim’s house on the day of the incident she took hold of Charlie and put him out the back after the attack.

She stated that there was no issue in doing so and the dog didn’t struggle. Ms McRoberts then helped to clean up the tot’s wounds and put pressure on the bleeding.

She told defence agent Ms McCarron that Charlie was not aggressive and had “always been a friendly dog” around her own six-year-old daughter.

In agreed minutes, it was noted that Charlie has been kept in kennels and since the incident there have been no further issues recorded.

As the Crown’s evidence came to a close, Ms McCarron put forward a motion that the defence had no case to answer and asked the sheriff to dismiss it.

She argued that the Crown failed to establish that the dog was dangerously out of control and there were no grounds for reasonable apprehension that it would attack any person, which must be proved for the charge.

She reiterated that Charlie was seen as a friendly dog that could play with children unsupervised.

She stated: “This incident came as a surprise and a shock to everybody.”

However, Sheriff David Mackie repelled the submission.
He took into account the evidence of the actual attack, which caused the toddler permanent disfigurement.

He highlighted the pictured bite marks, which included a puncture wound to her neck.

Sheriff Mackie stated: “It was a truly vicious attack and a dangerous one.”

He also noted that during Ovens’ police interview, she admitted that Charlie’s previous owners had warned her that he didn’t like other dogs or the noise of children playing on scooters.

Because of the word of caution, Sheriff Mackie stated that it “put the accused on notice” to the dog’s behaviour as it implied the previous owners had experience of Charlie not liking other dogs or kids on scooters.

Taking Mr Black’s account at face-value, Ovens was unable to control Charlie from biting Dexter. Sheriff Mackie felt it was therefore reasonable to assume that noisy children would get the same treatment.

Ovens maintains her plea of not guilty.

The trial will continue on November 16.