A legal court case over the ownership of a stray cat has collapsed after a dog being hailed as a “star witness” died.
Western Isles resident Della Macdonald sued teenager Nicola Dempster for the return
of year-
Ms Macdonald, 54, planned to cite her pet dog, Hamish, to the court. Hamish was pining for his absent friend and Ms Macdonald believed the sight of the cat snuggled up to the dog would convince the sheriff of the close bond between the two animals.
But Hamish died earlier this month and, compounded by falling ill with cancer, Ms Macdonald has decided not to proceed with the custody battle.
Now the sheriff has formally decreed that the pet at the centre of the tug-
At Stornoway Sheriff Court today, Sheriff David Sutherland also thought Ms Macdonald’s £70 expense claim for neutering the cat was excessive.
The cat had wandered off from Ms Dempster’s home at Cearn Ronaidh last March just six months after she bought it as a tiny kitten from a local petshop.
The 19-
Unknown to her, Smudge ended up cosying to the Macdonalds, about quarter of a mile away, in Morison Avenue.
Della Macdonald says she discovered the white and black stray in a pitiful state and crying at her back door in March 2010.
She said it was thin and starving but she and her husband Neilson nourished it back to health, showered it with love, and called it Oscar.
But after six months the cat wandered off again and was spotted by Ms Dempster at
the Manor Park roundabout -
She refused to hand him back even after police were called to an altercation when Ms Macdonald found out where he was.
The standoff ended up in court when Ms Macdonald sued for the cat’s return.
Ms Macdonald, who was not in court, said she wrote to the sheriff explaining she was dropping the legal action since Hamish had died and she was also receiving treatment for cancer.
She said: "Hamish was heartbroken for Oscar and died on 9 January -
She believed Hamish would still be enjoying life if Ms Dempster had returned the cat.
Nineteen year-
She has receipts of purchase and vet bills since she got the cat from a local petshop.
She said: "I am absolutely delighted this case is over. I always felt I was Smudge’s rightful owner. I bought him and paid for injections."
Putting the dog and cat together in the court "would not prove" anything and would not have been the appropriate way to settle a legal case, she believes.
She revealed she had previously rejected a proposed similar test to put the cat between herself and Ms Macdonald to see which one it would go to.
She highlighted the way the whole controversy blew up was "really unfortunate.
"When I found Smudge I wanted to thank the people who looked after him" but she never believed Ms Macdonald had ever any proper claim to the cat.
Sheriff decides in cat custody battle 2/2/12