A “savage” dog that injured another animal in Flushing must now be kept on a lead whenever it is in a public place.

However, the district judge at Truro Magistrates’ Court allowed the owner’s request for his dog not to have to be restrained with a muzzle, because it would change her temperament.

Alistair Capps, aged 46, of Adelaide Road, Redruth, accepted that his dog had been out of control on April 3 at Flushing as his response to a complaint laid by Martin Day that the animal should be kept under proper control by court order.

Alison May, for the Crown Prosecution Service, said Mr Day had been walking his dog, a springer spaniel called Henry, in Beach Road, Flushing, and it was on a lead.

He became aware that a large dog had come running towards them, snarling.

It got to him and went straight to the spaniel, biting it and leaving injury wounds, terrifying the animal. Mr Day told the police the owner did not seem concerned and did not call the dog off or call it at all.

When the owner did take hold of his dog he pulled it away from the spaniel.

Mr Day was bitten as he tried to separate the two and his jeans were ripped. The attacking dog then bit its owner, who told Mr Day: “She is like that with nervous people.”

The spaniel was treated by a vet, and Capps later paid that bill.

Mr Day claimed Capps’ dog was “extremely savage”.

Paul Gallagher, for Capps, said his client agreed with a control order but not with restrictions to being on the lead and muzzled in a public place. His client thought Mr Day’s account was very much exaggerated.

Capps had claimed the dogs came together and there was no aggression on his dog’s part. What caused her to attack was when a lady with Mr Day grabbed the spaniel, yanking it away, causing the dog to yelp, which had been a trigger for his dog to act. He said it was an isolated incident because his dog was startled by the other’s yelping. Instinct had taken over and there was an attack.

Mr Gallagher said Capps did not want the dog’s temperament potentially changed by being on a lead and with a muzzle. His client was a sensible and responsible owner.

District Judge Kevin Gray said what happened had proved that the dog was unpredictable, He made a control order for the animal to be kept under control and on a lead whenever in a public place.