Court orders destruction of 'banned breed' dogs after Kinross attack

The Courier

29-04-2025

A sheriff has ordered the destruction of two 'banned breed' Pitbull-type dogs who mauled a pensioner's puppy to death during a deadly rampage in Kinross.
The dogs Kushka and Zeus savaged a little Shih Tzu puppy called Tai and threw him around 'like a ragdoll' as he was being walked by 71-year-old owner Yvonne McPhee.
Perth Sheriff Court heard how they set upon the small dog before he even had a chance to bark.
Ms McPhee said: 'I have never experienced grief like it.'
The court heard how, later that day, Kushka and Zeus attacked two German pointer dogs.
The Pitbull-type dogs' owner Alistair MacDonald had originally denied allowing his dog to be 'dangerously out of control' near his home in the town's Burns-Begg Street on October 20 last year.
He changed his plea to guilty midway through his trial.
Returning to the dock this week for sentencing, the 29-year-old was told his dogs represented a danger to the public.
Sheriff William Wood said: 'I have had the benefit of hearing from the witnesses in this trial, also seeing the fairly graphic CCTV and recorded images.
'They are nothing other than harrowing.'
He told MacDonald: 'Ms McPhee suffered the somewhat traumatic destruction of her dog right in front of her, when your dogs attacked it.
'They then caused injury to her by pulling her over.
'That changes the balance regarding the future of your dogs.'
The sheriff added: 'There doesn't seem to be any evidence of your whereabouts at the time of these incidents and that is because the trial stopped before we got to your case.
'But it is set out in the social worker's report that you were not there at the time and as the dogs' owner, the responsibility is entirely yours.'
He ordered MacDonald to pay £1,500 compensation to Ms McPhee and a further £500 to David Mcilroy, the owner of the pointers.
MacDonald was also placed on supervision for a year.
'In relation to the dogs, it is impossible to reach the conclusion that they do not represent a danger to public safety.
'And in these circumstances, I will make an order for their destruction.'
The sheriff said he would not impose an order to restricting MacDonald's ability to keep animals but added: 'You would be well advised to avoid this breed or dogs like it in future.'
Prosecutors had claimed Kushka and Zeus were banned breeds.
The court heard both 'shared substantial characteristics with a prohibited breed'.
Solicitor David Duncan, defending, said MacDonald lived an 'isolated lifestyle'.
'He relies on family members and his pets for company,' he added.
'There was nothing in the previous behaviour of these dogs that would have led him to perceive something of this nature could arise.'
Mr Duncan asked the court to consider rehoming the dogs, rather than putting them to sleep.
MacDonald, who has a Labrador at home, 'remains more concerned about his pets than himself,' the solicitor said.
Ms McPhee previously told the court she had taken Kai for his first walk in Kinross after a stay in kennels while she was away on business.
Ms McPhee was on her way home with Kai at around midday when she saw the two larger dogs off their leads.
'Before I could turn around, both dogs locked onto Kai.
'Kai didn't even get a chance to bark.'
Ms McPhee said the dogs locked their jaws around her pet's neck and she screamed for help while trying to pull them away.
She was dragged to the ground twice as she tried to pull on her dog's lead.
When police arrived, they used batons to beat the Pitbull-type dogs back.
Ms McPhee then saw Kai lying limp on the pavement.
'He had been flung about like a rag doll.
'I just hope when he went, it was at the first point of contact,' she said.