SENIOR councillor Paul Shotton and his wife Annette have won their appeal against an animal cruelty conviction and sentence.

The couple, of Smithpool Road, Fenton, were yesterday cleared of causing unnecessary suffering to their 13-year-old labrador Baron.

Last November they received two-year conditional discharges and were banned from keeping dogs for the same period after being found guilty at North Staffordshire Magistrates' Court.

Councillor Shotton, who sits on Stoke-on-Trent City Council and is a former deputy elected mayor, was forced to stand down from the authority's cabinet.

But yesterday judge Mark Eades, sitting with two magistrates at Stoke-on-Trent Crown Court, said evidence from veterinary pathologist Dr Udo Hetzel cast a new light on inferences from the first case.

Dr Hetzel, who carried out a post-mortem examination on Baron, said the dog had a heart condition and could have had a "sudden event" after the Shottons left him to go on holiday at 2pm on Saturday, July 15, 2006, and before the RSPCA inspector Julie Lyons found him soaking wet and stinking of urine about eight hours later.

Judge Eades said: "Dr Hetzel said the factual accounts could all be true and the dog could have had a sudden event after 2pm. That could have been precipitated by heart problems and heart failure and therefore the inference the prosecution has been asking us to draw – that Mr and Mrs Shotton have been telling untruths – is not necessarily the case.

Dr Hetzel had also said the degree of suffering was not serious and would not reach the level of significance to amount to an offence.

"We are therefore formally of the view that although there is a great deal of suspicion, when it comes to proof the prosecution cannot meet the required standard of proof."

The judge said two prosecution witnesses, inspector Lyons and Endon vet Clive Curry, were subjected to "extremely vigorous" cross-examination, but the panel found them both to be truthful witnesses who were doing their jobs.

He said: "Mr Curry was accused of bias, vindictiveness and of giving false or warped testimony and professional improper behaviour.

"We reject all these attacks."

The judge capped the Shotton's compensation claim at £1,500 because the appeal took longer than it should have done.

After the judgment, councillor Shotton, aged 48, released a statement. It said: "Annette and I are pleased that after two-and-a-half years we have been cleared of every one of the RSPCA's allegations against us.

"At the original trial they claimed that our much loved family pet Baron was emaciated and dehydrated. He was not."

Asked about his political future, councillor Shotton said: "I am just going to sit back and make a decision later."