EMILY BIRKS

Dog rehomed after SSPCA investigation A Kirkwall woman has admitted causing unnecessary suffering to a dog by failing to provide it with adequate nutrition and veterinary attention.

Sentencing for Emily Alice Birks, 23, was deferred at Kirkwall Sheriff Court last Wednesday to allow the preparation of a background report.

Her not-guilty plea to a second animal neglect charge was accepted.

The charge was made following a Scottish Society for Prevention of Cruelty to Animals (SSPCA) investigation, which began in December 2024 and culminated in a warden finding the dog in very poor shape in July 2025.

The dog was sent to the SSPCA’s rehoming centre in Inverness, where it was examined by a vet.

Procurator fiscal Sue Foard told the court that the vet had scored the dog one — the lowest on the nine-point body condition index.

Solicitor Fiona MacDonald said her client had been experiencing difficulties at the time of the offence due to deteriorating mental ill health requiring hospital treatment.

Ms MacDonald also put forward that Birks had found the dog to be a choosy eater and prone to sickness, and asked that her client, who owns another dog in good health, is not made the subject of an order banning her from keeping animals.

Sheriff Robert MacDonald said he would require a background report before sentencing and deciding whether or not to impose such an order.

Birks, of 11 Waterfield Crescent, will return to court on February 11 following the preparation of a criminal justice social work report.

The accused also faces a separate drug-driving charge, whereby she is accused of driving a car on Pickaquoy Road, Kirkwall on July 14 with 7.7 micrograms of THC, the psychoactive compound of cannabis, in a litre of blood, compared with the legal limit of two micrograms.

That case was continued without plea until February 11.

Woman told pets can stay at home despite restriction A woman who admitted an animal neglect charge is being allowed to keep the pets she currently has.

A dog called Monty, then owned by Emily Alice Birks, was rehomed after animal welfare officers found him in a badly emaciated condition when they visited her home in Kirkwall in February.

Kirkwall Sheriff Court last month heard the dog scored one — the lowest on the nine-point body condition index.

Monty was taken to the SSPCA’s centre in Inverness, with the charity taking custody of the dog and subsequently finding a new home for him.

No concerns were raised about a second dog owned by the 23-year-old, who also has three cats.

At the previous hearing, Birks pleaded guilty to causing Monty unnecessary suffering between May 11 and July 11, 2025 by failing to provide him with adequate nutrition and veterinary attention.

Her sentence was deferred until Wednesday for a criminal justice social work report.

Her solicitor Fiona MacDonald said Birks, who receives Universal Credit, suffers from mental ill health.

Given that Monty has been rehomed and no issues have been found with the other dog, Ms MacDonald asked Sheriff Robert MacDonald not to impose an order banning her from keeping animals.

Sheriff MacDonald said: “I could make an order disqualifying her from having more than one dog any time.

“With all the problems she has, one dog and three cats is more than enough and I’d be concerned that if she took on another dog it might go the same way as the dog we’re dealing with here.” The sheriff added: “She’s got enough on her plate without increasing the number of dogs in her household.” Ms MacDonald said Birks would comply with the order which will, for the next five years, restrict her from having more than one dog.

The sheriff also imposed a year-long community payback order under which she will be supervised by social workers.

Birks, of 11 Waterfield Crescent, also admitted a drug-driving charge.

She pleaded guilty to driving a car on Pickaquoy Road, Kirkwall with 7.7 micrograms of THC, the psychoactive compound of cannabis, in a litre of blood — compared with the legal limit of two micrograms.

Procurator fiscal depute Adele Gray said police, acting on a tip-off, pulled her over at around 3.15pm.

After speaking with her, officers believed she was under the influence while they detected a smell of cannabis from the car.

A roadside drug swab was positive before she was taken to The Balfour hospital in Kirkwall for a blood test.

Ms MacDonald said Birks had been taking cannabis to help cope with the difficulties she faced.

She received a three-year driving ban and must carry out 60 hours of unpaid work as part of a community payback order.

It was Birks’ second drug-driving offence within two months.

She had previously been banned from driving for a year in December after testing positive for cannabis while driving on the A965 near Stenness on May 23.