A family court judge has ruled that a woman's ex-partner was likely responsible for a February burglary in which two Shepadoodle puppies were taken from her home, a decision that came during a hearing for a non-molestation order.
District Judge Jonathan James found on the balance of probabilities that Allan Towell, 49, removed the dogs—Bruno, a nine-month-old puppy, and his mother Molly—during a break-in at Ewa Hunt's home in Featherstone, West Yorkshire on February 13. Molly was recovered six days later in Goole, East Yorkshire; Bruno remains missing.
The ruling followed evidence that included CCTV footage of a hooded figure entering through a back door shortly after 8:45 p.m. and leaving less than two minutes later with both dogs on leads. The footage recorded the intruder using names and quickly fitting specialist harnesses known as Halti, details the judge said suggested familiarity with the animals.
Judge James described the incident as "a planned, disgraceful home invasion and burglary seeking to punish somebody and intended to hurt," and said the case was unlike anything he had seen in three decades of family law. He granted a transparency order allowing Towell to be named in reporting of the judgment despite an objection from the defendant's solicitor.
The court heard that the theft became a focal point in acrimonious proceedings after the breakdown of a 21-month relationship. The judge accepted the contention that resentment over the puppies and the collapse of plans to buy a motorhome together provided motive. Ms. Hunt's barrister told the court there was "a very compelling case" that Towell was the person seen on the CCTV, and that the combination of the key used to enter the property, the placement of a tracking device on Ms. Hunt's car and the recovery of Molly in the company of a man known to Towell supported the finding.
Towell denied the allegations in court and presented an alibi witness, identified in the hearing as Nicola O'Leary. The judge said aspects of Towell's evidence were "woefully unrealistic" and that he did not find O'Leary's testimony credible. The defense lawyer, Tim Wilton, said the application had been used to "attack" his client and shaped to fit a particular narrative.
The threshold of proof in the family court—"balance of probabilities"—is lower than the criminal standard of "beyond reasonable doubt," and Wakefield police have not charged Towell in connection with the theft. Judge James noted he could not criticise the police for not prosecuting given the higher criminal standard.
The non-molestation order bars Towell from contacting Ms. Hunt, entering her home or garden, or stopping in her street except for driving through without stopping. Ms. Hunt told the court she feared further damage to property and said she would continue searching for Bruno, expressing concern that he may have been drowned in a lake.
After the hearing Ms. Hunt appealed to West Yorkshire Police to re-examine the circumstances of Bruno's disappearance. Anyone with information is asked to contact West Yorkshire Police on 101 and quote crime reference 13250086388, or to contact CrimeStoppers on 0800 555 111.