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by Lynn Cox
A dog which bit an elderly woman on the hand, causing severe injuries, is facing an uncertain future as magistrates ordered the animal be put down.
Stella, a three-year-old Staffordshire bull terrier, is owned by David Wells, 40, from Strood, who was also banned from keeping animals for 10 years after magistrates said they did not believe he was a "fit responsible person" to own a pet.
Wells, of Hughes Drive, Wainscott, immediately instructed his legal team to launch an appeal at Medway Magistrates’ Court on Friday, and until the appeal is heard at Maidstone Crown Court, the banning order and the destruction of the dog is suspended.
The court heard how Stella had bitten Sadie Hoyle, who was 71 at the time, twice while she was out with her chihuahua at Holly Road recreation ground in Wainscott.
Wells’ two dogs, both Staffordshire bull terriers, started running to attack her dog.
Wells tried to stop the pair by shouting at them and managed to put his other dog Blue, back on its lead. He shouted to the pensioner to pick up her dog in an attempt to stop Stella attacking it.
However, as she did, the dog jumped at Mrs Hoyle and bit her on the hand twice.
Nicholas Markindale, prosecuting, said: "She was holding her dog in both hands and the dog jumped up and bit her on the right hand.
"She felt terrible pain and blood was pouring from it, the dog then bit her again.
"The dog kept leaping up at her back, but after a short while it gave up and Mr Wells was shouting at it trying to keep it under control."
Another man came to Mrs Hoyle’s aid and she was able to get out of the field and was taken to hospital.
Wells was later charged with being the owner of a dog who allowed it to be dangerously out of control in a public place.
He initially denied the charge, but changed his plea to guilty on the day he was due to stand trial.
On Friday, magistrates heard that Mrs Hoyle was told she would need micro surgery at East Grinstead hospital to repair damaged tendons and ligaments in the two-inch gash between her thumb and finger.
She suffered another wound on her hand and was told they would take about nine months to completely heal and she may never get complete sensation back.
Mr Markindale said: "She spent three or four days in hospital and had to undergo physiotherapy for three months.
"She has pain on a daily basis, she also stopped taking her dog out for a while.
"She now walks the dog less and is wary of other dogs – it’s been a setback for her."
Mr Markindale asked the bench to consider the destruction of the dog and said they should think about banning Wells from owning animals.
It was also revealed in court that Stella was never seized by police when they charged Wells with the offence.
The incident happened on July 8, 2011, and since then Stella has continued to live with Wells and his other dog, which is also three.
Louise Oakley, for Wells, said he was remorseful and had cried when he saw pictures of Mrs Hoyle’s wounds.
She asked magistrates to order the dog to be neutered and be muzzled in a public place. She said Wells was a "fit and proper person" to own pets.
She said: "Mr Wells lives alone with the two dogs and they bring him a great deal of comfort and joy.
"He has owned animals all his life and has owned Stella since she was eight weeks old."
Since the incident, Mr Wells had taken Stella for professional dog training with a dog expert, a former police officer.
Magistrates told Wells they were sentencing him to 120 days custody, but said they would suspend the sentence for 12 months.
He was also ordered to carry out 240 hours unpaid work and they said they wanted probation to work with him on education matters.
Wells was also ordered to pay £300 court costs and £750 compensation to Mrs Hoyle.
They also banned Wells from keeping animals for 10 years and ordered the dog was destroyed.