Newark: RSPCA criticised for not pursuing case against Leigh Johnson in case of attempted drowning of Bella the dog in River Trent at Farndon as former girlfriend Charlene Latham sentenced

A dog owner walked away and did nothing after her partner of the time threw her pet dog, Bella, into a freezing river, a court heard.

Charlene Latham was the only one to face justice over the attempted drowning of German Shepherd Bella in the River Trent at Farndon.

The case against Leigh Johnson was discontinued today, despite Latham naming him in her statement as carrying out the act.

The RSPCA determined that there was insufficient evidence for a realistic prospect of conviction against Johnson, so magistrates this morning agreed to the withdrawal of the charge against him.

Johnson, 33, and Latham, 32, were escorted from their Newark home by police in the aftermath of the incident and into hiding in a Devon B&B, such was the public revulsion at what had happened to Bella.

The couple were jointly charged with the attempted drowning of Bella on January 6 of last year under the Animal Welfare Act.

Harry Bowyer, prosecuting, said Bella was found by dog walkers at around 8.20am with her head on a concrete plinth with the rest of her body submerged in the freezing January waters.

A portion of her lead was attached around her neck to an Aldi bag containing a rock weighing 34.7kg that had weighted her to the river bed.

A dog walker waded into the river to pull Bella out.

She was unable to rise, was twitching and unable to respond to stimuli.

At the vets, her temperature was too low for a thermometer to read.

She was also found to be underweight and had a matted coat.

Mr Bowyer said police attended Latham's address and she opened the door, phone in hand, to say that she was just ringing the police as Bella was missing.

Latham's daughter told police that her mother and mother's partner had gone out the previous evening at 9.20pm with Bella, but she was unable to say whether the dog returned with them.

Latham was borrowing a friend's car at the time and found in it was the remainder of the severed lead that had been used to weigh Bella down.

Luc Chignell, mitigating for Latham, said his client was five months pregnant at the time and could not have thrown Bella into the river herself.

Latham had pleaded guilty at the earliest opportunity on the basis of a failure to safeguard Bella's welfare rather than any involvement in her attempted drowning.

Mr Chignell described what happened to Bella at Nottingham Magistrates' Court as an awful case and awful treatment of an animal and genuine unpleasant cruelty, but not cruelty by her.

"Her role was limited," he said.

He said Johnson and Latham had driven to the river but Latham had no idea what Johnson intended to do and had begged him not to drown Bella.

"I am concerned to hear the RSPCA is not proceeding against the person she named in her statement," he said

"The RSPCA, it appears now have decided that they are not going to try him as they are not obtaining the evidence to try him.

"The case was adjourned so he could have his trial."

Of Johnson, he said: "He is someone who is aggressive and controlling in that relationship, she's not.

"These are very different people with very different roles.

"As a result only one person is going to take the fall for this.

"The reality is the person who should be convicted of this heinous offence is not here and that's not her fault."

Mr Chignell said his client accepted she should have got immediate help for Bella when she went back to the car or afterwards.

He argued his client had suffered greatly already as a result of the abuse she had suffered on social media and suggested a conditional discharge.

Latham is now living with a relative who owns dogs. The magistrates increased the time that she is not allowed to own one herself from the requested two years to three when sentencing her.

She was handed a 12-month community order with ten rehabilitation days, fined £80 and told to pay costs amounting to £232.

Johnson was not in court.

At the conclusion of the case, Inspector Heather Sutton, police district commander for Newark and Sherwood, said: “Britain is undoubtedly a nation of animal lovers, which has been demonstrated by the overwhelming support we have received from members of the public to help Bella and assist our officers with their investigation into this particularly sad case.

“Animal cruelty investigations can often be very complex and we have worked closely with the RSPCA throughout.

“I would like to thank the public for their support, which has meant that we were able to make arrests and charges following the investigation.”