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16:25 GMT, Thursday, 11 December 2008

Cat killer avoids jail sentence

Generic canal pic

A man who drowned his neighbour's cat has successfully appealed against a four-month jail term.

Peter Johnstone, 57, from Grangemouth threw the animal into the Union Canal after weighing it down with bricks.

He had claimed his wife suffered from a "pronounced phobia" of cats and said the animal routinely entered his house despite attempts to keep it away.

The Justiciary Appeal Court in Edinburgh agreed with Johnstone that the sentence was "too harsh".

Lord Kingarth, sitting with temporary judge Brian Lockhart QC, ordered the first offender to carry out 200 hours unpaid community work instead.

Falkirk Sheriff Court heard that Johnstone had been arguing with his neighbour - who was also his nephew - for some time about the cat wandering into his house.

Remains banned

On 8 July a man walking his dog by the canal saw a black bag floating in the water.

Police were called when it was still there the next day.

They found the black bag contained another black bag and inside that there were three bricks and a white hessian bag closed with masking tape.

The body of the brown and tan cat was inside.

Johnstone claimed he had put the cat into a bag with holes, intending to take it away and free it.

However, he claimed that as he drove over a bridge over the Union Canal he decided to drown the animal in "a moment of madness".

The bricks were lying by the side of the canal, he said.

Defence advocate Andrew Brown told the appeal judges that Johnstone regretted what he had done and had not been in trouble before. There was little risk of him offending again.

Johnstone has been on bail awaiting the outcome of his appeal.

He remains banned from owning an animal for 25 years.



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Related to this story:
Neighbour jailed for drowning cat (09 Oct 08 |  Tayside and Central )

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