A DOG set to die after it was used as a 'weapon' in a savage attack in Worcester has been saved.
It was thought that Kimbo would have to pay the ultimate price after his owner Andrew Cornes set the animal on a man in Worcester city centre, inflicting deep bite wounds.
The Staffordshire Bull Terrier had been ordered to be destroyed by a judge after the attack in Worcester because no suitable home could be found for him.
However, the dog was saved at the last minute this week by hard work behind the scenes by the Crown Prosecution Service, the new owner (Cornes's aunt, Kim Thomas) and Worcester solicitor Mark Sheward.
At a hearing at Worcester Crown Court on Tuesday the dog was made subject to a contingent destruction order in place of the destruction order which had been made by Judge Robert Juckes QC on Friday, November 29.
As long as the stringent terms of the order are met the dog will not have to be destroyed.
The contingent destruction order stipulates that the dog must not be owned by anyone under the age of 17, must be muzzled and on a lead at all times in public even in the new owner's garden until the fence is raised and the animal must also be castrated.
Many readers reacted with anger to the original order that the dog be destroyed, arguing that it was the original owner Cornes and not the dog that was to blame for the attack.
The dog was only saved after close discussions between the new owner Kim Thomas, John Brotherton of the Crown Prosecution Service and Mark Sheward of city-based Lister Brady Criminal Defence.
Mr Sheward, speaking after the hearing, said: "Kimbo lives!"
He said he had gone back to the potential new owner, the original sticking point having been the cost of putting up a new fence in the back garden. However, it was agreed she could have two months to raise the necessary funds. Kimbo must be muzzled in her garden until such time as the fence is raised to the prescribed height (over 6ft). The dog remains in kennels but the hope is the new owner can soon take Kimbo in at her Worcester home.
He said: "We're very pleased with the outcome. A lot of hard work has gone into it by the defence and the prosecution. That was the outcome we were looking for - to save the dog."
The original owner Andy Cornes, encouraged Kimbo to attack the victim in The Trinity, near Bushwackers, shouting 'get him!' as it inflicted deep bite wounds.
Cornes, 35, was jailed for eight years at the city's crown court in September for wounding with intent (section 18) following the attack at around 3.20am on February 3 this year.
Cornes has been banned from keeping dogs for 10 years.
Kimbo sank his teeth into the man multiple times, inflicting deep puncture wounds.
The victim also suffered a broken arm though he did not know whether the dog had done this or the gang of four which beat him afterwards.
Bobby Watts and Aaron Abbott and two youths set upon the injured man, kicking and punching him in the head.
Twenty minutes before the attack the victim had expressed concerns about the dangers posed by the dog to a police officer but no action was taken, the court heard.
Cornes of George Street, Worcester admitted grievous bodily harm with intent (section 18) and of being the owner of a dog which caused injuries while dangerously out of control.
Bobby Watts, aged 19, of Westmount Road, London admitted assault occasioning actual bodily harm and affray. Watts was also sentenced for unconnected matters from Manchester involving possession of a lock knife and a steak knife.
Aaron Abbott, aged 18, of Solent Road, Worcester (aged 17 at the time of the attack) denied assault occasioning actual bodily harm and affray for his part in the Worcester incident but was convicted after trial at the youth court.
Two youths, who cannot be identified for legal reasons, have already been sentenced to 12 month referral orders for affray and ABH for their part in the attack in the aftermath of the dog attack.
The victim was left with a gaping wound to the armpit, puncture wounds to his arms, a fracture to his ulna (a bone in his arm) and cuts to the right cheek and nose.
He was taken to A&E at Worcestershire Royal Hospital where he was treated for seven puncture wounds to his forearm, a gaping wound to his armpit, a broken wrist and bruising to his face.
The defendants were arrested at an upstairs flat in George Street, Worcester where some gave false names and tried to escape.
Since the attack the victim has suffered flashbacks and had been unable to work, complaining of reduced range of movement to his right arm and headaches from where he was kicked to the head.
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