Oban dad who admitted strangling dog avoids jail

Press and Journal

2 days ago

An Oban dad who strangled his dog has narrowly avoided jail – but has still not explained the killing of his family pet.
The actions of Harry Russell, 42, were described as 'warped and disturbing', but it was determined that he did not kill the dog in a 'sadistic' manner and therefore was spared a period of custody.
Russell, of Kerrera Terrace, Oban, had previously pled guilty in Oban Sheriff Court to killing the dog named Rex, an American Bully-type.
The court heard that Rex had been adopted by Russell and his then partner only a few weeks before his death.
In April 2021, Rex had attacked another dog near the couple's home on Hazeldene Crescent, and it had been decided that the dog, who was less than two years old, would need to be put down.
However, later the same day, Russell took matters into his own hands and strangled the animal.
In court on Wednesday, defence agent Jane MacNiven said Russell had 'no explanation' for why he killed the dog, other than he was under the influence of alcohol.
She said: 'Quite honestly, Mr Russell has no mitigation for his actions.
'He appreciates just how devastating his actions were.
'There is nothing he can say that will make it any better.
'Mr Russell was going through a difficult time at the time of the offence. The offence happened in 2021.
'Since then, he found himself the subject of a community payback order (CPO). The report on his CPO is one of the most glowing reports the court will have seen.
'He is no longer in a relationship with the person, and he is in full-time work.
'I have spoken with [the fiscal depute] and I understand she is seeking a lifelong restriction on having any animals. He is not opposed to that.'
While strangling the dog, the court heard that Russell was 'crying'.
She continued: 'He is utterly appalled at the nature of this offence. The person who appears before the court is a different person.'
Sheriff Euan Cameron asked Mrs MacNiven to explain the circumstances behind Russell's actions.
She said: 'This was an animal that has been rehomed, and [Russell] cannot explain why he made the decision he made.
'It had been accepted by the couple that the dog would be taken to the vet to be put down.
'I cannot give you any explanation. At the time, he was drinking heavily and using drugs.'
Sheriff Cameron said: 'It was warped and disturbing, and his position is that he thought he was doing the right thing.
'Is there any suggestion that this was carried out in a sadistic manner?'
Mrs MacNiven replied: 'It was not a decision to inflict pain and suffering on the animal. The decision had already been made that this animal needed to be put down.
'Whether he thought at the time it was the right thing to do, he knows it was not.
'He is going to have to bear the consequences of his actions forever, and he is going to have to live with the fact that he has done this for the rest of his life.
'It was his decision, and it was the wrong decision.'
Sheriff Cameron addressed Russell, saying: 'This case is as disturbing as it is unusual. You behaved in a deplorable manner.
'It is clear that a decision had been reached by you and your family to put the dog to sleep.
'The right thing to do, the most compassionate thing, would have been to speak to a vet, not to take matters into your own hands. You had no right.
'Alcohol is no excuse.
'However, in your favour are a number of factors: your own devastation over your actions and reports that you struggle to live with your guilt. A glowing report from Argyll and Bute Addiction Services, and the progress made on a community payback order for a non-analogous matter.
'You have performed your community service in an exemplary manner. This incident happened four years ago, you are in full-time employment, and you have limited previous convictions.
'Your actions do not appear to have been motivated by malice. Therefore, I am narrowly persuaded that this can be dealt with as a direct alternative to jail.'
Russell was put on a tag between 7pm and 6.30am for seven months.
He has been disqualified from keeping or owning animals for an indefinite period.