Francis Thorley says that his dog Mishka is too fat to chase after someone and attack them (Picture: Cavendish)

A dog accused of mauling a cyclist has been cleared of any wrongdoing because it was too fat to run and attack anyone.

Francis Thorley, 84, was walking Mishka, an overweight Alaskan Malamute, when he became caught up in an altercation with Andrea Ostholt who was on a tricycle.

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She was triking with terrier cross Woody tied to her vehicle in a park in Chorlton-cum-Hardy when she claims 8 stone Mishka bounded over to her, bearing her teeth.

She said she went to protect Woody but Mishka bit her leg.

Mr Thorley was tried at Manchester Magistrates’ Court for having a dangerous dog out of control but he was cleared when he pointed out the Mishka was ‘morbidly obese’ and walked to slowly to be able to bite anyone.

He was cleared of having a dangerous dog out of control (Picture: Cavendish)

After the case he said: ‘Mishka isn’t an angry dog, she’s calm, she loves people and she in fact other dogs. There’s nothing wrong with Mishka – except she’s a little overweight.

‘She used to love eating chicken or beef but now she’s on a diet specially made by the vet. She is starting to lose weight, but she can’t run, she gets out of breath. She is supposed to be around 40kg or less.

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‘I think she got fat because of whatever happened with her former owner. The fact is she just loves her treats. Mishka came into my life after I had a stroke, I can’t use my left hand.

‘She helps me and she never tugs on her lead. She listens to me and we get on really well. She’s become a part of the family. I get emotional when I stroke her.

‘I’m just hoping now that she’s on a diet she can lose some weight and get healthy. She’s an old dog now but has never bitten anybody before, and she never will.’

Mishka, a rescue dog, is overweight according to vets (Picture: Cavendish)

Mr Thorley told the court: ‘The dog helps me getting about but she is not a fast dog – she is described as being morbidly obese. She’s just very gentle and friendly and isn’t aggressive to other dogs.

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‘That day I took her to the park with my daughter and I didn’t have Mishka on a lead. She walks really slow and I went to sit down on a bench and Mishka was sat next to me.

‘I saw a lady come out of the path on the other side and she was on a tricycle and she had a little dog with her.

‘Her dog started barking, being very aggressive and making a lot of noise. Mishka walked over to them because she heard the barking. Her dog was trying to get through the frame of the tricycle to get to Mishka.

A verdict of ‘not guilty’ was given because there was no evidence of how big the dog was that bit the victim (Picture: Cavendish)

A judge ruled that the dogs were snapping at one another, as dogs do (Picture: Cavendish)

‘Mishka was defending herself, she barked back. She didn’t get aggressive until that dog was snapping at her.

‘I walked over and ordered Mishka to “leave” and she came straight back to me. My dog wasn’t being dangerous, she was fighting back when that dog was snarling at her. Mishka didn’t bite that lady, she would never do anything like that.’

Finding Mr Thorley not guilty District Judge Mark Hadfield said: ‘There were two dogs in this event, and the necessary research into the size of the bite has not been undertaken so I cannot correctly decide which dog did bite the victim.

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‘Both dogs were snapping at each other, like dogs do but I do not accept that Mishka was being aggressive. There is no evidence to prove that she bit the victim’s leg.’