Suspended prison sentence and indefinite ban for Cheshire man who abused his dog

A man from Ellesmere Port who physically abused a French Bulldog, who died on the floor of his bathroom, has been given a suspended prison sentence and banned from keeping animals indefinitely.

A vet who gave evidence in the case, brought by the RSPCA, said Simon Johanson-Griffiths (DoB 28/11/1991), of Warkworth Court in Ellesmere Port had caused his dog, Athena, to suffer as a result of physical abuse “on a number of occasions.”

At a sentencing hearing at Chester Magistrates Court on Thursday (26 March) Johanson-Griffiths was given a ten month prison sentence, suspended for two years, and disqualified from keeping animals for an indefinite period.

He had previously pleaded guilty to one offence contrary to the Animal Welfare Act 2006.    

The court was told witnesses said they had seen Johanson-Griffiths physically abusing Athena who was said to have been in fear as a result of his behaviour. 

On 31st May last year police officers went to his property at around 11pm after someone had reported hearing noises coming from the flat, including banging, thudding, yelling and a dog yelping.

Johanson-Griffiths opened the door and told the officers he had just returned home from the pub and Athena had choked on her own vomit and died on the bathroom floor but he had already cleaned it up and flushed it down the toilet.

He later told police the dog had appeared to be fine when he returned home but within five to ten minutes she had started making heaving noises like she was going to vomit. He said he could see a ‘bulge’ in Athena’s throat and had attempted to open her mouth.

He said he then sat with her between his legs on the bathroom floor and in a panic had “pounded” Athena on the back a number of times in an attempt to dislodge anything in her throat or make her vomit or open her mouth.

Johanson-Griffiths told officers his dog wasn’t breathing and he could feel her tongue had swollen. She then went limp and he said he knew she had died.

The court was told the police officers saw a small graze on the top of Athena’s head which the defendant claimed was due to her scratching at fleas a week or so ago.

After further enquiries were made Johanson-Griffiths was arrested under section four of the Animal Welfare Act. The RSPCA was informed and subsequently took on the investigation, arranging for a post mortem to be carried out.

The court was told the report’s findings did not support vomiting and choking as the cause of Athena’s respiratory distress. It also showed haemorrhage consistent with blunt force trauma to her head, but none on her back.

Athena was also found to have a compromised respiratory anatomy in the form of Brachycephalic Obstructive Airway Syndrome (BOAS) and tracheal hypoplasia which would have adversely affected her breathing on a day-to-day basis and was likely the underlying cause of her death, said the report.

The vet who reviewed the post mortem and gave written evidence in the case, said:

“It is likely that just prior to her death, Athena had sustained the trauma to her head in circumstances which caused her distress, and possibly the rapid development of non-cardiogenic oedema, resulting in exacerbation of her respiratory issues, leading to her death.

“In an animal with normal respiratory anatomy and function, non-cardiogenic pulmonary oedema would not be expected to cause respiratory compromise severe enough to cause death. However, in a French Bulldog dog with BOAS it could be sufficient to cause death.

“The history of Athena having vomited and choked is inconsistent with the postmortem findings. Bruising to the right side of her head is not consistent with being pounded hard on her back multiple times and there were no reports of the dog having sustained any accidental injuries that might have reasonably explained the post mortem findings.

“In my opinion Athena has been caused to suffer as a consequence of physical abuse on a number of occasions.”

The vet said Johanson-Griffiths had contradicted himself by telling police that Athena had vomited and he had cleaned it up, but had later said she hadn’t been sick, although he thought his dog had died as a result of choking.

Describing the case as “very unpleasant,” magistrates said Johanson-Griffiths had caused a “high level of suffering” to Athena and displayed “prolonged” abusive behaviour towards her which had been seen by a number of witnesses.

In mitigation the court was told the defendant, who was also ordered to carry out 30 Rehabilitation Activity Requirement days, had mental health issues and a personality disorder diagnosis.

Speaking after the sentencing hearing Inspector Leanne Cooper, who investigated for the RSPCA, said: “We’re very grateful to the witnesses and the police who helped us with this very upsetting case and ensured that Athena’s owner could be held to account for his abusive behaviour.”

Another dog was signed over by Johanson-Griffiths and has since been rehomed by the RSPCA’s Southport, Ormskirk & District Branch and is doing well in his new home.