A DOG owner whose pet has repeatedly attacked other dogs has escaped a ban from keeping animals - outraging the owner of its latest victim.

Michael Cipriano, 42, of Hull Road, York, was yesterday fined £300 and ordered to pay £200 costs by York Magistrates after his Dobermann, Rocky ,attacked a border terrier outside his other home in Holtby in March this year.

Cipriano, who was placed under a court order to properly control the animal in April 1998 after Rocky attacked another dog as it walked past the same house, pleaded guilty to breaching the order at a previous hearing. He was warned by the bench that if Rocky was not kept under control in the future a ban would be considered.

Holtby sculptor Sally Arnup, whose dog, Stubbs, was attacked by Rocky in March, said after the hearing that she was shocked and frustrated by the outcome.

She said: "What's the point of having a court order on a dog and allowing it to continue to rampage?

"It's a very distressing position Holtby is in. That is a public right of way and we can't use it. It hasn't been used for months because most people are too frightened for themselves to go down there.

"I've been taking my dog in the car to another village everyday to walk it, which is crazy, it's our village." Prosecuting, Elizabeth Levett, trading standards manager at City of York Council, said the latest attack took place on March 1 as Ms Arnup walked Stubbs past Cipriano's home in Holtby.

She said: "Rocky came out of the garden through the gate which was ajar, walked up to her border terrier and attacked him, pinning him to the floor.

"She managed to get him away, but had to resort to hitting him with a stick that she had with her.

"Rocky continued to attack her dog and at that point he turned his attention to Ms Arnup and started growling and snarling. She held up her stick and backed away slowly."

Ms Levett said that a 35-strong petition had been presented to the council along with a letter of concern from Holtby parish council because people were too scared to use the footpath.

David Llewelyn, for Cipriano, said the gate now had a new catch which prevented it from being left ajar and he said that Rocky, who is aged nine, is unable to get over the fence.

He said: "The five bar gate to the property had been left ajar. The explanation for that is that there had been problems at the time with travellers who for various reasons had gone onto the property and left the gate open. "It wasn't an oversight of Mr or Mrs Cipriano."

Mr Llewelyn said this was the only proven incident since the order was imposed four years ago and that Rocky was a much-loved family pet.

Updated: 12:32 Friday, September 06, 2002