13 March 2024 , 12:53
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A mother of two who neglected her starving pet French Bulldog until it was skin and bone has been spared jail after arguing she had health issues of her own.
Claire Kirton had agreed to take the dog called Peanut from her daughter who moved in with her partner's family. Five weeks later the dog was found to be severely emaciated, covered in a large amount of fleas, had dental disease, lesions in its ears and overgrown nails.
Dog experts said her body condition gave it the lowest possible score of one on a scale of one to nine with her hip, spine and ribs, clearly visible. She was reported to be eating 'ravenously' when admitted to hospital. The dog has since made a good recovery and is now with a different family.
When quizzed 46-year-old Kirton, from Crewe, Cheshire claimed the dog was skinnier when she first got it and she was "too ashamed' to seek treatment at the vets. She also claimed she had at the time been recovering from injuries caused in an accident, details of which were not disclosed to Crewe magistrates court.
The court heard Peanut was rescued following a visit by an RSPCA inspector on August 18, last year, who found the brindle coloured French bulldog to be "extremely underweight". Mark Harper prosecuting said Peanut had also suffered muscle loss which he said was attributed to lack of nutrition and exercise. The dog also had dental disease and overgrown nails.
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Claire Kirton had health issues (Claire Kirton/ Cavendish Press (Manchester) Ltd)
Peanut is now with another family (RSPCA/ Cavendish Press (Manchester) Ltd)"The dog had difficulty walking and a large amount of fleas," the prosecutor said, "It had lesions in both ears. "The vet said that the period of suffering was around two to three months. The defendant admitted in interview she'd had the dog for around five weeks. She was the owner and the person responsible for Peanut. She said the dog was thinner when she first got her.
"She said she fed the dog twice a day, had given it flea and worm treatment, and said the dog was putting on weight. The prosecution says it was prolonged neglect and there was a substantial level of suffering. The dog was emaciated and could barely walk. It was unsteady on its feet. Clearly any responsible dog owner would know the dog needed substantial veterinary treatment and adequate nutrition. "
In mitigation Kirton's lawyer Anthony Derbyshire said: "She will say that she was placed under some emotional pressure to take ownership of the dog. Her daughter originally owned the dog but was moving in with her partner's family and for allergy reasons the dog could not be accommodated there. The daughter approached her and she felt somewhat pressured to say 'Yes, I will take the dog.'
"She has never previously owned a dog, never had a dog as a child or as an adult, therefore she has no experience of ownership of a dog and what that entails. She had no education around the needs of an animal, needs of a dog. She and her brother would feed the dog biscuits and dog food. She was not someone completely starving the dog."
Mr Derbyshire said Kirton had mental health issues following the deaths of her parents in quick succession and referred to an incident in which Kirton was left with multiple injuries which she was still recovering from at the time she took ownership of the dog. He added: "She had four fractures to the spine, a broken ankle and broken pelvis and at the time she took responsibility of the dog her ankle was still in plaster.
Peanut was underweight (RSPCA/ Cavendish Press (Manchester) Ltd)"There was a lack of mobility and lack of finance which she felt was a real concern to her. It was beyond her financial resources. That combination of factors put her in a situation whereby she did not seek the help and guidance that she should have done from a professional at that point in time. This has been a particularly upsetting time for her. She never sought to cause the dog any harm and this has caused her so much stress and anxiety. She had reached the decision not to own an animal again."
"This is not someone who set out to deliberately cause suffering to an animal. She took the dog without education, without experience and without having any knowhow as to how to properly care for it."
Kirton admitted two charges of causing unnecessary suffering and was sentenced to a 12-month community order. She was banned from keeping animals for five years. She was also ordered to complete 100 hours of unpaid work and pay £400 in costs and a £114 surcharge.
JP Andrew Kerr said: "This is a very distressing case. There can be no excuse for causing the harm that you have caused over a period of time. Clearly, we have heard about the suffering of the animal from the vet report. However, we have heard from Mr Derbyshire that you have never owned an animal before and you have mental health issues."
After the case RSPCA Inspector Jenny Bethel said: "This owner didn't do anything to help this poor dog. Despite claiming to have fed her every day, it appears she didn't have the time or inclination to do so properly. As a result, Peanut lost a vast amount of weight and she was incredibly skinny when we found her.
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"She was very unstable on her back end and I observed her stumble and collapse several times while at the vets. She is a different dog now and the RSPCA foster carer who took her in has now provided her with a new home where she will be loved and cared for."