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Edenbridge gynaecologist Dr Anne Henderson cleared of being in charge of a dangerously out of control dog

By: Ed McConnell emcconnell@thekmgroup.co.uk

Published: 10:00, 23 September 2015

A gynaecologist accused of being in charge of a dog which bit a cyclist has walked free from court.

Dr Anne Henderson, who works at a number of Kent hospitals, including Maidstone’s Kent Institute of Medicine and Surgery, was arrested and charged after one of her two Rhodesian ridgebacks allegedly chased after and bit cyclist Angela Dale in October 2013.

She denied being the owner of a dog allowed to be dangerously out of control in public and cause injury. Both animals have since died.

Dr Anne Henderson, arrives at Sevenoaks Magistrates' Court, accused of being in control of a dog which bit a passing cyclist

On the first day of Dr Henderson’s Sevenoaks Magistrates’ Court trial in July magistrates heard Mrs Dale was cycling down South Brook Lane, Edenbridge, when she heard barking. She turned and saw a large, brown dog bounding towards her.

Mrs Dale said: “I kicked out as the dog’s mouth came level with my left leg. It bit me. It did not take a chunk out of me but I felt the teeth.”

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She suffered grazing and slight bruising.

Margaret Rose, defending, asked Mrs Dale how she could be sure the dog belonged to Dr Henderson.

Dr Henderson, 53, of South Brook Lane, confirmed with police at the time she owned a brown dog but Mrs Dale could not be sure of the breed.

The trial was adjourned for two months, with Dr Henderson due to give evidence on Tuesday, but the Crown Prosecution Service (CPS) dropped the charge after her cleaner turned up to give evidence.

The court heard the cleaner could not be certain she was looking after Dr Henderson’s dogs on the day in question but worked most weekends from 8am until midday. The attack happened just before 10am.

Dr Anne Henderson's cleaner, arrives at Sevenoaks Magistrates' Court

Richard Link, for the CPS, told magistrates: “It has always been the crown’s position that if the defendant was able to provide details of the person she says was appropriate then that would be investigated to see if a statutory defence could be established.

“There has been no disclosure of this person’s details until today.”

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The Dangerous Dogs Act states an appropriate person is responsible for the dog in their care.

The CPS had to prove beyond reasonable doubt Dr Henderson was in charge of the dog at the time of the attack.

Mr Link added: “The crown has an ongoing duty to review the case and having spoken to the cleaner it is the crown’s view that the evidential test is no longer met. I therefore invite the bench to return a not guilty verdict."

Dr Henderson was found not guilty.

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