A MOTHER broke down in court in tears this week as a sheriff ruled that a dog that savaged her three-year old daughter's face should be spared death.

Sheriff David Mackie ruled that the eight-year-old border collie, which left the youngster permanently scarred, will not pose any risk to public if kept under strict controls in the future.

The mother of the child spoke of her anger at the decision, saying her daughter will be affected for the rest of her life as a result of the attack.

The incident took place on June 8 this year at an address in Sauchie with the dog, name Charlie, and the youngster playing in the garden.

Owner Sharon Ovens then noticed Charlie was missing, and the little girl's 24-year-old mother, who cannot be named, asked her daughter to go into their house to look for him.

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

She told Alloa Sheriff Court she ran in and found Charlie "on the toddlers face" before hauling the dog off by the collar.

The toddler was bleeding from a number of bite marks on her face, a puncture wound to her neck, and had a bite mark on her right hip. 

She said her daughter was "hysterical", adding: "Her face was a mess. I was shaking like a leaf."

Charlie also snapped at her own wrist, but was unable to get to her.

The mother shouted for help, and Ovens came and took the dog away.

Ovens, a nursing assistant, then took the three-year-old into the bathroom to tend to her wounds while waiting for an ambulance.

The toddler was taken to the Forth Valley Royal Hospital, rushed to Glasgow for surgery, and has been left scarred.

Another neighbour, Alan Black, said that prior to the June 8 incident, Charlie had bitten his Olde English Bulldogge on the face.

He told the court that returning from a local 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 said Dexter was being submissive, but Charlie growled before biting Dexter's face.

Mr Black said: "I picked Dexter up like a baby and took him upstairs. I was more frightened than he was."

Mr Black said that he was reluctant to let Dexter out afterwards.

Ovens, 47, of Sauchie, denied that her pet was dangerously out of control, contrary to the Dangerous Dogs Act 1991.

After the prosecution had presented its case, defence agent Claire McCarron submitted there was no case to answer.

She referred to evidence that a few days before the attack, the child concerned had been seen with her arms round Charlie's neck, and played with him frequently.

Sheriff Mackie repelled the submission, added: "This was a truly vicious attack and a dangerous one."

He also noted that during a police interview, Ovens had admitted Charlie didn't like other dogs or the noise of children playing on scooters or other wheeled toys.

Finding Ovens guilty after summary trial, he made Charlie subject to a contingent destruction order – meaning his life will be spared so long as he is never allowed unsupervised in the presence of children under 16 and is kept on a lead and muzzled in public. He also banned the dog from the area where the child lives. 

The sheriff told Ovens: "I find you to be an entirely honest person, a public servant, and this has clearly affected you as strongly as anybody else.

"I have come to the view that the dog was dangerously out of control at the time of this dreadful attack.

"What actually happened that resulted in the dog attacking this child we will never know, but something exceptional happened."

He added: "Your own observation of the dog's reaction to the sound of children on scooters and other wheeled items placed you on notice that in certain circumstances Charlie could act aggressively and unpredictably.

"You might well have been placed under a false sense of security because the child had played so much with Charlie before and far from being in any danger they got in very well."

He said guidance from the High Court and Sheriff Appeal Court required him to consider whether there was a disposal short of destruction that was appropriate.

He said: "In the face such a horrific attack on the child it's natural to react immediately by thinking the dog should be put down. 

"It may be that this attack has had a significant psychological impact on the child. 

"I can only imagine as anyone else would that this will affect her attitude towards dogs, and possibly more. But that is not a factor I can or should take into account.

"Taking an objective view of all the evidence there is much to suggest that under reasonable supervision and with reasonable precautions the dog Charlie will not constitute a danger to the public."

Ovens herself was admonished by the sheriff.

The child's mother said outside court: "I'm not blaming Sharon Ovens, but I don't understand why she's getting the dog back after what it did. My daughter's not going to get a new face and she may be affected by it all her life.

"Where's the justice? I'm just so angry. That dog is dangerous and should have been put down."

Charlie, who has been in police kennels since the incident, will now be returned to Ovens.

Ovens said: "It's all been awful for everyone. I just wanted the facts heard and for the court to make a decision."