Remorseless owner of danger dog withdraws conviction appeal

Ashiya Hussain refused to apologise, showed no empathy, and didn’t even ask how victim, Donna Ormerod was, following the brutal and vicious attack in Blackburn on January 12, 2022, which left Mrs Ormerod needing skin grafts and multiple surgeries.

Instead, she subjected Mrs Ormerod to a gruelling two-year court campaign in which she continued to deny being the owner of a bully kuta mastiff that was dangerously out of control causing injury to another, and forced Mrs Ormerod to give evidence at trial.

During court proceedings, it was heard that on January 12, 2022, as Mrs Ormerod was walking home from exercising her two small dogs near the Feilden Arms in Feniscowles, Hussain was on the pavement trying to gain control of her dog, called Bruno.

Ashiya Hussain (Image: NQ Staff)

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Bilal Saeed, prosecuting said at the time: “It was clear she had no control, and the dog eventually broke free and then ran at Mrs Ormerod who was terrified the animal was going to attack her pets. She put herself in front of them.

"Bruno attacked her and grabbed her leg around the knee area knocking her to the floor."

In July last year, Hussain, 33, of Railway Grove, Blackburn, was finally convicted of the dangerous dog offence, and was sentenced to six months in prison, suspended for 18 months, and ordered to complete 20 days rehabilitation activity requirement.

She was also ordered to pay £500 compensation to Mrs Ormerod, and an application to destroy the dog was granted.

At Hussain’s sentence hearing, District Judge Alexandra Preston said: “You have shown no empathy whatsoever with the victim.

"She felt intense pain and felt like she was going to die. She must have been terrified.

"You then walked off with your dog. You didn't even ask how she was.

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"The victim will live with the consequences of this attack, probably for the rest of her life.

"You continue to want the dog returned to your home, an attitude I find extraordinary given that you could not control it on this occasion.

"That you want it returned to the home you share with your five children causes me enormous concern. I am also concerned about your ownership of another mastiff."

Donna Ormerod's injuries (Image: Donna Ormerod/NQ Staff)

In August though, for unknown reasons, Hussain’s suspended sentence was reduced - to 20 days suspended for 18 months.

However, two years on from the attack and still unrepentant, she launched an appeal against both her conviction and her sentence.

During the appeal hearing at Preston Crown Court on Thursday, January 18, the court was told that Hussain had been holding onto Bruno by his lead but, was “forced to let go” because Bruno was “straining”.

She also claimed that despite him “straining slightly” she was “under control of the dog”.

Recorder Daniel Lister said: “You’re seeking to prove that when Hussain dropped the lead she was forced to do so because her hand was being hurt by the lead.

“The difficulty is, what caused that strain to emerge in the first place? By the dog straining the lead, how is the owner in control of the dog?

“Your argument can only succeed if the offence arises out of something other than the dog being out of control.”

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Speaking on behalf of Hussain, Nick Roxborough said: “The defendant says the dog was under control and on a lead but was straining slightly.”

Recorder Lister went on: “If that was the case, then why would the lead need to be dropped?

"For this to succeed there needs to have been a serious risk of injury to the defendant.

“I need the full facts and evidence. You need to consider this.”

Following a short adjournment in which Mr Roxborough was permitted to go and discuss matters with Hussain, he returned to the courtroom and told the judge Hussain would be withdrawing the appeal against her conviction.

Mr Roxborough said: “If a dog is secured on a lead, it does not mean it can’t be dangerously out of control.

“If the position was to be that the dog was secured on a lead, but it was pulling, if that in itself is enough for the dog to be dangerously out of control therefore resulting in releasing the lead, it doesn’t require any additional evidence.”

Mr Roxborough said Hussain now only seeks to appeal the dog destruction element of her sentence, and asked the court if a hearing to determine that could be adjourned so an expert assessment of Bruno could be carried out.

Hussain will be required to return to court on May 5 where it is expected matters will be finalised and her appeal either upheld or rejected.

If it is rejected, Bruno, who is still being held in police kennels, will be put down.

If it is upheld, it is assumed Bruno will be allowed to return to Hussain’s family home.