Cruel handler's prison term cut

A DOG handler who was jailed after his two pet dogs died in a van on one of the hottest days of last year has had his sentence cut.

Lee Ellerton, aged 37, locked German shepherd Duke and Belgian shepherd Sky in his van in Abbey Hulton for at least an hour while he went out with his girlfriend on July 1.

The RSPCA was called out and inspectors found Sky dead inside the van and Duke dying.

They had suffered severe heatstroke and died from organ failure as outside temperatures soared to 32°C (90°F).

Ellerton, of Riley Street North, Burslem, pictured, was jailed for 12 weeks and banned from keeping dogs for life on January 27, after magistrates found him guilty of two counts of causing unnecessary suffering to an animal and four counts of not taking reasonable care of an animal.

He launched an appeal against the sentence, and yesterday had his jail term reduced to four weeks in a hearing at Stoke-on-Trent Crown Court.

Ellerton claimed he left the dogs in the van for no more than an hour, and had thought he had turned on a fan system fitted in the van to keep them cool. In reality, the fan was not on, and in any event only fully worked when the vehicle was moving.

Natalie Matranga, representing Ellerton, said his original sentence was excessive because he did not intend to harm the dogs.

She said: "This was clearly an extremely unpleasant and upsetting incident for all involved, but this was never a deliberate or intentional act.

"The animals were his pets and he has been devastated that his conduct has led to their demise.

"He is clearly guilty of a failure to exercise common sense, but rather than being inhumane he has simply been incompetent."

Judge Granville Styler said Ellerton's case did not fit within the magistrates' sentencing guidelines, because despite the "catastrophic consequences," Ellerton had not been guilty of prolonged neglect and had not intended to harm the dogs.

Reducing Ellerton's sentence he said: "The magistrates faced a difficult sentencing exercise in a very emotive case.

"We take the view we have to sentence the appellant for an act of gross stupidity and gross negligence which had unintentional but catastrophic consequences. The sentencing guidelines do not cover this.

"Because this was negligence as oppose to deliberate cruelty we take the view a 12-week sentence is excessive."

Ellerton worked for specialist dog-handling company Alpha K-9, of Widnes, which provides dogs for security purposes.

He is no longer working due to a back injury he sustained in an accident.