A CHILDMINDER who allowed her German Shepherd off the lead in Bilberry Hill Woods, Buckfastleigh, breaking a court order, was told by South Devon Magistrates on Wednesday that the dog must be put down.

At the time when the German Shepherd attacked another dog, she had five children in her care aged between seven and 13 years.

But Giulia Matthews, aged 47, of Glebelands, Buckfastleigh, was informed by the bench her dog would have a stay of execution for 21 days to allow her time to appeal.

She was also ordered to undertake a community order of 60 hours unpaid work, and to pay £85 costs.

Her solicitor, Hugh Ogilvy, said an appeal would be made to a high court judge.

Matthews had previously pleaded guilty to three charges of failing to comply with an order made by the same court on June 17, to keep the dog under proper control; being the owner of a dog that was dangerously out of control in public; and committing an offence while subject of a 12 months conditional discharge.

Lisa Cassidy, prosecuting, said the original order, in which the dog had to be kept on a lead and muzzled, was made after the dog bit a postman.

On September 28 a woman's dog was attacked in the woods by the German Shepherd. 'It was muzzled, but was not on a lead,' said Ms Cassidy.

She added that Matthews had attended Chudleigh police station and said the other dog was the aggressor. It was in a confined woodland area and to the best of her knowledge did not know any other people were present.

Ms Cassidy said she told police that she had let the dog off the lead mistakenly.

'The police officer is aware of the contingency and is of the opinion the dog is paying the ultimate price for the owner's misunderstandings,' she said.

Mr Ogilvy said it was a sensitive situation in which it looked as if the bench had no discretion in the original order in that if it was broken the dog must be destroyed.

'We would have to appeal.

'She became distracted and felt it was safe to let the dog off the lead,' he said.

Mr Ogilvy said assessments, including from an expert, had revealed the dog was no danger if muzzled and on a lead.

He said it was thought the dog's behaviour was due to the violent relationship Matthews was in when she originally had the dog.

Letters of support from parents of the children she had been childminding, were handed to the court.