Royal Mail wins appeal over Ipswich postman dog bite
- Published
Royal Mail has won a High Court appeal after the owner of a "boxer-type" dog which bit a postman's finger as he pushed mail through a letterbox was cleared of committing a crime.
Gavin Murrell was bitten by Richard Watson's dog in Ipswich in May 2017.
Royal Mail Group prosecuted but Mr Watson was cleared by a district judge at Ipswich Magistrates' Court.
Two senior judges ruled she was wrong. It is thought the case will come before magistrates again at a later date.
Mr Watson was accused of being the owner of a dog which was dangerously out of control after the incident at his home on Sycamore Drive. He was acquitted by district judge Julie Cooper in February 2020.
Reviewing Royal Mail's appeal, Lady Justice Carr and Mr Justice Saini said they considered whether Mr Murrell acted as a trespasser by putting his fingers through the letterbox rather than using a "postal stick".
They also considered if Mr Watson had a defence to the case because Mr Murrell "failed to use due diligence".
Both of these points were dismissed by the judges.
"Parliament has chosen to put the burden on those who own (or are in charge of) a dog to ensure that effective steps are taken to ensure that the dog does not cause injury to anyone," Lady Justice Carr said in a ruling published online.
"A postal worker in the position of Mr Murrell is not a trespasser as a result of putting their fingers through a letterbox."
Lady Justice Carr said the ruling did not mean people could not leave dogs unattended, but rather "simple measures" could be taken, "such as the installation of a wire guard or adjustment to the height of the letterbox itself".
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