THE OWNER of an innocent English bull terrier left locked up in a shed in St Albans for three weeks during Christmas was found guilty of causing unnecessary suffering this week.

St Albans Magistrates dismissed 35-year-old Gary Jennings' not guilty plea on Wednesday even though he failed to show for his trial, claiming he was suffering from a depressive illness.

Co-defendant and separated partner Patricia Henderson, 36, who showed up for the resumed trial, was acquitted of the same charge.

At an earlier hearing last month the court heard that the dog, three-year-old Nipper, had been locked in the garden shed without food, water or exercise from the middle of December last year until early January after Miss Henderson and her three children moved out of their home in Cottonmill Lane, St Albans, after an argument.

Vet Dr Philip Martens said when he was discovered by the RSPCA on January 5, Nipper had lost a third of his body weight, his rib-cage was sticking out, his body was covered in sores, and he was severely dehydrated.

Mr Barry Hilliard, defending Jennings, told magistrates on Wednesday his client did not know Nipper was in the shed during that time, because Miss Henderson told him she was taking the dog with her when she left to stay with friends on December 17.

He said the impression that Miss Henderson had given of Jennings being a violent man, who would not let anyone look after Nipper, was a smokescreen to hide the fact she wanted to punish him by punishing the dog.

When Miss Henderson returned to the house on January 5, after Jennings had left, she did not check how Nipper was until the following morning when RSPCA Inspector Mark Martin let him out of the shed, Mr Hilliard told the court.

Defending Miss Henderson, Andrew Morton said, before she left, she and her children were the only ones who fed and exercised Nipper and jobless Jennings sat around the house all day not making the effort to look after the dog.

He told the court Jennings knew Nipper was in the shed while Miss Henderson and her children were staying with friends and Jennings deliberately failed to look after him.

When she returned her time was taken up changing the door locks, attending to her children and trying to sort out somewhere else to live, and she did not have the opportunity to see how Nipper was, Mr Morton said.

He said: 'We are in a situation of chaos, turmoil and disorganisation at this time. She was not in a position to make critical and urgent arrangements for Nipper at that stage.'

Magistrates put off sentencing Jennings until he is found and brought back to court.