Famagusta, Cyprus. The supreme court on Friday upheld a €350 fine for a dog owner convicted of letting his dog roam off leash on a public road, fully rejecting his appeal.
Appeal and district court ruling
The case stemmed from a ruling by the Famagusta district court and centred on whether the owner had “allowed” the dog to roam free in violation of the Dogs Law.
Arguments raised by the appellant
The appellant argued that prosecutors had failed to prove he knowingly permitted the dog onto the street. His defence said he was at work at the time and therefore unable to control the animal or know it had escaped.
Court findings on evidence
The supreme court found there was no evidence proving he had been at work, noting the claim had only been raised during cross-examination and was never substantiated by testimony. The defendant also chose to remain silent and did not present evidence in his own defence.
Interpretation of “permits” under the Dogs Law
In its decision, the court focused on the interpretation of the legal term “permits” under the dogs’ law, distinguishing it from the separate concept of “tolerates”. The judges ruled that dog owners must control their pets and may be liable if they allow them to roam freely.
Prosecutors’ burden and cited case law
The court said that prosecutors only needed to prove the dog was loose in a public place without a leash. The judges also cited European and British case law supporting similar principles in dangerous dog cases.
What steps do you take to ensure your pet cannot roam off leash in public places?
