Defence solicitor advocate, Duncan Hughes, said that at the time of the offence, Armstrong had been living rough and Kez was his only companion. He had now moved into the Bruntsfield Hostel and had visited Kez every week. Mr Hughes explained that Armstrong had worked all his life until he contracted multiple sclerosis. He was now confined to a wheelchair. "He developed a very strong attachment to the dog because he was so isolated and since their separation he has been in a very low mood" said the lawyer.
"He told me he is so attached to Kez that he would prefer to live rough again, rather than stay in the hostel with no dog". Mr Hughes added: "I told him moving out with winter approaching and in his medical condition would be dangerous, but he says that's the position he would prefer".
Photo from here.
A letter from the Dog and Cat Home shown to Sheriff Gilmour stated that since Kez had arrived there the staff has witnessed no behavioural problems. "She is a normal dog with no issues, who has shown no aggression to any of our staff". Kez, the letter said, had an operation to remove a cancerous lump in June of this year. It added: "We cannot guarantee that the cancer will not return at any time in the future".
"Mr Armstrong is clearly devoted to Kez and, accompanied by his carer, visits her frequently. Kez is clearly protective to her owner, although not in an openly aggressive way. It is clear that they miss each other and it is our opinion that the dog should be returned to Mr Armstrong".
The letter warned: "If this cannot happen, we would probably be unable to rehouse Kez because of her health problems. In our view, it would be in everyone's best interest if she could spend the remainder of her life in her rightful place with her owner".
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