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A two-year-old Staffordshire Bull Terrier called Rocky has been spared being put to death.

Rocky was on a lead when he twice bit two pedestrians in separate incidents – the first after he was attacked by another dog.

Owner, Clifford Alvarez, a street busker, faced the prospect of his beloved pet being destroyed.

But after a judge at Leicester Crown Court read a report from an expert dog handler - who examined Rocky during seven months of incarceration at police dog kennels - he ordered the dog be returned to Alvarez.

However, there is a condition the dog wears a muzzle outdoors.

The dog behaviour specialist’s report stated that Rocky was a well behaved, sociable and obedient dog and did not pose a risk to public safety.

The 38-year-old, of Neston Gardens, Aylestone, was given a two-year conditional discharge, after admitting two counts of having an out of control dog in a public place.

The defendant said afterwards he was happy he was to be reunited with Rocky.

He said: “He’s a cute and friendly dog.

“He only behaved like that because he was antagonised.

“I’ve always taken good care of him.”

What did the prosecution allege?

Leicester Crown Court was told the first incident happened on July 22 last year, on Welford Road, near Leicester’s Nelson Mandela Park.

Rocky had been tethered to his owner’s trolley when he was attacked by a dog that was running free.

Jasmine Kumar, prosecuting, said the trolley was overturned in the skirmish.

When a male passer-by went to assist the dog and lift up the trolley, he ignored Alvarez’s warning to keep away and was bitten on the leg, causing two small puncture wounds that were dealt with at the nearby infirmary.

On August 28, Alvarez was busking near the Clock Tower with Rocky laying down near him on a lead.

A pensioner standing close-by was bitten on the back of his knee and suffered two small puncture wounds, which required antibiotic treatment and a tetanus jab.

Miss Kumar said: “The dog was taken into the custody of the police.”

What was said in defence of Rocky?

Defence solicitor Helen Johnson said: “On both occasions Rocky was on a lead.

“He has been seen by a dog behaviour specialist and found not to be an aggressive dog.

“Rocky is described a sociable, playful, friendly and biddable and doesn’t have an aggressive temperament.

“The defendant has owned and trained him since he was a puppy.

“There were two particular sets of circumstances in this case.

“Rocky was attacked by another dog off its’ lead and that dog was out of control and not responding to its’ owner.

“A member of the public ignored being told to leave the dog and tried to assist.

“Rocky would have been fearful – in fight or flight mode - because he’d just been attacked.

“Mr Alvarez was keeping him under control and Rocky could see a stranger coming towards him and, having already been attacked, he bit him.

“The second incident happened when Mr Alvarez was playing his music in the city centre; he’s a busker and that’s how he earns his living.

“Rocky was tied up behind him and he didn’t see what happened.

“A member of the public came to speak to him.

“He continued to play the music, but the dog must have perceived a risk and the man said he’d been bitten.

“Until then, the public would stroke and pat him without any problem.

“He doesn’t want to lose the dog he regards as his friend.”

What the judge said

Judge Timothy Spencer QC said: “You’re not a victim and nor is Rocky.

“The two people bitten by him are the victims in this case.

“It happened twice within a month.

“I’ve read a report from an expert with 30 years of experience with dogs and handling them.

“That report satisfies me he’s not a danger to public safety.

“Rocky will live.

What is the dangerous dogs act? The Dangerous Dogs Act was introduced in 1991 in response to a series of dog attacks. The legislation made it a criminal offence to have a dog ‘dangerously out of control’ in a public place or somewhere where the dog is not permitted to be. The law was updated in 2014 to extend the law to also cover dogs on private property. It also banned ‘Specially Control Dogs’ – these are also known as banned breeds.

“Given the photographs I’ve seen (of Rocky at home and at the kennels) and given that you dearly love this dog, I’m quite sure the premises where he will be kept are suitable and you’re an entirely loving and caring owner.

“I’m satisfied you’re a fit and proper person to be in charge of Rocky - he will be released and come back to you.

“You will be reunited with Rocky.

“I’m making a contingent destruction order, so if anything like this happens again Rocky will be destroyed and that, like as not, will be your fault.

“When Rocky isn’t at home he will be muzzled and kept on a lead.”

He said that, as an act of mercy: “I’m not going to order for him to be castrated or for him to be excluded from certain places where you busk – he’s your companion.”