Dog attack accused refuses to appear at Dingwall trial

A MAN who faces charges in connection with alleged attacks by his German shepherds on dogs and police in Lochcarron refused to leave his cell when his trial was recalled at Dingwall Sheriff Court on Thursday (October 27).

Andrew Hammond’s trial was halted last week when he tried to leave the dock during a police officer’s evidence. After an adjournment depute fiscal Stewart Maciver asked for a medical assessment of the accused.

The case was recalled on Thursday and Mr Maciver reported to Sheriff John Halley that a psychiatrist concluded Hammond was fit to plead.

But Sheriff Halley noted that Hammond - who has been remanded in custody and was in the cells of the court - was not present in the dock.

Mr Maciver replied, “My information is he is not willing to making himself available to appear in the dock.”

And the fiscal said he was seeking the court’s right to exercise the proceedings in Hammond's absence.

The sheriff agreed to the fiscal’s request.

Mr Maciver told the sheriff since Hammond’s last appearance - when he requested investigations into the accused’s health - he had a verbal indication from a psychiatrist at New Craigs Hospital in Inverness that Hammond was seen as fit to plead and responsible for his actions.

Mr Maciver said because of the uncertainty over whether it would be possible to continue the trial, he had asked witnesses not to attend.

“It was my intention to continue with the trial although I am not in a position to do so today," he said.

In a further development Hammond’s solicitor Alison Foggo sought permission from the sheriff to withdraw from acting as his legal representative.

“I am without instruction and as indicated on the last calling it’s appropriate I seek to withdraw from acting for Mr Hammond,” she said.

Sheriff Halley asked the fiscal how he proposed to move the trial forward.

Mr Maciver sought new court dates.He said the accused could represent himself or the court could use its powers to appoint someone to represent him.

“The accused will be given a final opportunity to present himself," he said.

The fiscal said he expected the prosecution evidence to take up to a further two days of court time.

“The accused of course has the right to call evidence or give evidence himself and I have no idea if he would choose to do so or how long that would take," he said.

The sheriff continued the case until November 7.

He added that he would continue consideration of Ms Foggo’s motion to withdraw so this was done in the presence of Hammond.

Dog owners have already given evidence and one described how he wrestled with a pack of three of Hammond’s German shepherds in a vain bid to stop them mauling his pet labrador Trixie, who was so badly injured she later died.

Another man described how his collie was set upon by four German shepherds as he walked her and he had to try and prise one of the dog’s jaws from his pet’s neck.

Hammond (52), of no fixed address, has denied a series of charges under the Dangerous Dogs Act and assaulting police officers.