A BOLTON dog owner whose Staffordshire Bull Terrier faces the death sentence, will battle next week to save his pet's life in London's High Court.

Robert Hogg's pedigree terrier, Zach, was ordered to be destroyed by Bolton magistrates in January 1996 after accidentally biting a seven-year-old boy during a fight with another dog.

Although the magistrates accepted Zach had never been in trouble before and the bite had been accidental, they ruled he had been "dangerously out of control in a public place" and was subject to mandatory destruction under the 1991 Dangerous Dogs Act.

Mr Hogg's appeal to Bolton Crown Court was dismissed by Judge Peter Lakin in July last year and, in a desperate bid to fight to the end, the case has been taken to the High Court. Zach's only hope of survival now lies with two High Court judges who are set to hear Mr Hogg's last ditch appeal next week.

The case had been due to be heard yesterday, but Mr Hogg, 25, of Queensway, Kearsley, was unable to be present in court. The hearing was adjourned after Lord Justice Simon Brown observed: "Zach is not here."

The eight-year-old pet has even been supported in his fight for life by Gavin Unsworth, the young boy he bit. The youngster appeared on the dog's behalf last year in Bolton Crown Court, where he told the judge: "Zach did not mean to bite me."

Gavin had been out walking a friend's Alsatian in Princess Avenue, Kearsley, on July 30, 1995, when he saw Zach approach unaccompanied.

A fight developed between the two dogs and Zach's jaws missed their intended target, Jerry, and sank into Gavin's arm. The boy needed five stitches to his wound.

Although there is no dispute that the biting was accidental, a dog which is 'dangerously out of control' in a public place and gives rise to 'a reasonable apprehension that it will injure any person' is subject to mandatory destruction by the Dangerous Dogs Act.

The case has already cost Mr Hogg more than £500 in fines and court costs.

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