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Hebrides News, Nicola Dempster and Smudge

Dog may be courtroom witness in cat custody fight             14/10/11       

Two animals may be called to appear in court as witnesses in a legal row over the custody of a roaming cat.

Stornoway  residents Della Macdonald and Nicola Dempster will face each other in Stornoway Sheriff Court on November 24th over the ownership dispute.

Mrs Macdonald who looked after the roaming feline for six months has served hotel chef Nicola Dempster court documents in a battle to get the cat back.

Police were previously called to an altercation between the two women but refused to intervene saying the issue was a civil matter.

Mrs Macdonald, 54, said she found the now one-year-old cat in a pitiful state and crying at her back door in March.

She says the white and black stray, was thin and starving but was nourished and received much love from herself and her husband Neilson at their Morison Avenue home in the town‘s Manor Park.

She was upset when the cat was reunited with Ms Dempster and feels she has a valid right to get it back.

She wants the sheriff to call her pet dog, Hamish, who is ill and pining for  his absent friend, to the court along with the cat. She believes the cat will immediately snuggled up to the dog and Hamish’s reaction will indicate the close bond between the two animals.

 

 

Nicola Dempster says the cat belongs to her  

Hebrides News, Della Macdonald and Neilson Macdonald

But Ms Dempster of Cearn Ronaidh insisted the claims are wrong and misleading.

The nineteen year old says Smudge - as she named him when a kitten - has a habit of wandering off and she was extremely distressed when he failed to return.

She says she searched his favourites haunts, put out a Facebook appeal and reported him missing to the Cats Protection Society and the SSPCA.

Ms Dempster: “He grew rapidly in size when he was with me. In fact, I had to put him on a diet.

She said: “I gave him plenty of food and water. He had toys and lots of affection. He was a very much loved cat.”

She says she was over the moon when she came across the missing animal on her way home in August but efforts to trace and thank the person who cared him badly turned sour when Mrs Macdonald came knocking on her door demanding the cat back.

Ms Dempster said she offered £100 to Mrs Macdonald for pet food and expenses and says Mrs Macdonald’s financial claims are excessive.

She added: “It is all about Della. My feeling have not been taken into account. I was very upset when Smudge went missing and looked everywhere for him.

“Smudge is rightfully mine. I love him to pieces and I shouldn’t have to give him up.”

Mrs Macdonald feels she has a moral right to the cat she named Oscar - after Oscar Wilde - the famous poet from her Irish homeland - and now wants the Stornoway sheriff to declare his true home is with her.

Alternatively, the legal papers seeks financial compensation for caring for the animal plus £300 for her pain and suffering after losing the pet.

Mrs Macdonald says she has suffered stress over losing the cat and her dog Hamish is pining for “Oscar.”

She said the legal action is because she cared for the cat longer than Ms Dempster, who she alleges made insufficient efforts to trace the pet.

“We really love him and she took him without telling us. I just want to know where we stand with Oscar. We want him back and now it’s in the hands of the sheriff.”

 

The Macdonalds want the cat back