County Derry policeman 'slammed' dogs into tarmac from height

A man who lifted a dog to head height before slamming it into the road has been banned from keeping animals for a period of ten years.

He was a member of the PSNI at the time of the incident.

John Fleming, of unknown age, with an address in Eglinton, entered guilty pleas to two charges of causing unnecessary suffering to a dog.

Appearing at Coleraine Magistrates Court on Friday, Fleming listened as the prosecution told the court how a member of the public had come across the incident on January 30 2021 at around 3.45pm.

The court heard how the member of the public had been travelling on Craigabrack Road with his teenage daughter when they came across what she said looked like 'two dogs fighting'.

They observed an Alsatian cross dog – later determined to be the defendant's – grabbing a Springer spaniel by the neck and shaking it.

Fleming was then seen kicking the Alsatian until it let go of the spaniel, before lifting it by placing his hands on either side of the dog's head.

He then walked towards a nearby laneway before he 'slammed the dog hard onto the ground, at which point the driver of the car who had been travelling on the road turned on his dash camera.

The footage captured by the camera was played to those present in court, showing Fleming approaching a Staffordshire bull terrier – also belonging to the defendant – which was running loose.

The dog cowered by the roadside, before the defendant raised the dog above his head and slammed it to the tarmac.

After the dog then ran off, Fleming chased it and lifted it again, this time to shoulder height, and slammed it onto the road.

The court was told that the member of the public had blared his car horn at Fleming and shouted at him to stop, after which the defendant approached his car, shouting and posturing aggressively.

After the driver said 'that's some way to treat an animal', the defendant attempted to enter the car but the driver was able to drive away, shouting that he had the incident recorded on dash cam.

Fleming replied: “I don't give a f**k.”

The member of the public then contacted the PSNI who referred the incident to Animal Welfare and the local Council, who received the video on February 4 2021.

Two animal welfare officers from the Council, along with the police and a vet, attended the defendant's home and seized three dogs into Council care.

The Staffordshire bull terrier was assessed as having a 'mild weight-bearing lameness on his right leg' as well as a 'superficial wound'.

Initially, Fleming refused to relinquish ownership of the animals, but the court heart that he had now done so.

He was interviewed at Limavady Borough Council offices, where he said his Alsatian had attacked the spaniel, and he had lifted the dog 'by the scruff of its neck', thrown it onto the grass and 'roared at it.

He then said he kicked the dog on its hip.

The defendant did not mention the Staffordshire bull terrier until he was read a witness statement, at which point he said he had raised it to eye level 'to calm it down'.

Fleming claimed the dog had then nipped him on the hand, causing him to throw it to the ground.

During interview he initially refused to comment on the member of the public who witnessed the incident, accusing him of a public disorder offence.

The court heard the defendant had laughed as the driver of the vehicle's witness statement was read out and did not deny attempting to open the door or shouting obscenities.

Fleming told police he was remorseful that he had to hit the dog, but that he did not regret what happened, saying his actions were 'proportionate'.

Prosecution in the case requested a decade-long 'all-animal disqualification' be imposed on the defendant, as well as a compensation order totalling £12,000 for veterinary care and legal costs.

Judge King said he took 'no pleasure' in seeing the defendant in court, and said he could easily have been tried for these offences in the Crown Court.

He told Fleming the custodial threshold had been 'well and truly crossed', and had it not been for his guilty plea, he would have been going to prison.

A pre-sentence report had placed the defendant at a 'low-likelihood' of re-offending and reported he posed no risk of serious harm to the public.

He said that although custody would have sent out a message to the public, it would provide no guarantee he would not re-offend or guarantee a fair disposal.

Judge King sentenced the defendant to 200 hours community service and imposed a ten-year 'all-animal' disqualification order.

In relation to the prosecution request for £12,000 compensation, the judge said the defendant had already lost his job as a result of the incident, costing him 'advancement, wages and pension'.

He fined Fleming £1,500 to cover veterinary and care costs arising from the incident, and a further £500 to cover legal costs.

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