A senior police detective is suing her boss for a six-figure sum after she was bitten by a trainee police dog.
Detective chief inspector (DCI) Lynn Wilczek has lodged a claim against Kent Police chief constable Tim Smith after a Belgian Malinois pup called Frank ‘lunged’ at her.
Frank was at home with her partner, who is a police dog handler, and bit her on the cheek and nose after she tried to pet it in the kitchen, she has claimed.
DCI Wilczek, once a fervent dog lover, suffered bite injuries to her face and has since been left with a ‘specific phobia of dogs’ and an anxiety disorder, for which she is seeking compensation.
Four years on, the officer – a one-time member of the Serious Collision Investigation Unit commended for her work on a 2022 drug-driving case – has brought a civil action under the 1971 Animals Act.
She has alleged that trainee police dog (TPD) Frank was potentially dangerous unless kept under control, and is seeking £100,000 in damages.
During a pre-trial hearing at Central London County Court, Judge Luke Ashby was told that Frank was a police ‘gift dog,’ who had been donated by a member of the public in December 2021 with a view to being trained up.
Lawyers acting for the detective told the court that a gift dog becomes property of Kent Police as it is being assessed for future police work.
Detective chief inspector Lynn Wilczek is suing her chief constable after she was attacked by a trainee police dog at home
Narrating the day of the attack in January 2022, they said in written submissions that TPD Frank had been in the garden before following DCI Wilczek’s husband into the kitchen.
‘The claimant came into contact with PD Frank as a result, stroked him on the head once and then, as she moved away, PD Frank suddenly lunged towards her face and bit her on her cheek and nostril, thereby causing injury,’ they said.
DCI Wilczek’s physical injuries consisted of ‘laceration and puncture wounds to her cheek and nostril’ from the dog bite.
The injuries led to mild scarring for which she may need to apply ‘camouflage’ makeup or even undergo plastic surgery, it was submitted.
This was on top of the lasting psychological impact of the attack in the shape of her sudden phobia of dogs and ‘a severe generalised anxiety disorder, characterised by somatic anxiety symptoms and catastrophic thinking’.
Her barrister, John Schmitt, told the judge she had suffered a ‘severe laceration to her face’ and continues to feel pain at the site of her injury.
The attack had not impacted on the detective’s career, he said. An online CV suggests she is now based in the Child and Adult Protection team, which handles complex abuse cases.
However, a psychiatrist who assessed her had described her as an ‘impressive and resilient’ character who may have ‘downplayed’ the effect of her injuries.
The judge heard DCI Wilczek’s claim has been brought under Section 2(2) of the Animals Act 1971, which requires a court to assess the dog’s likelihood of causing damage of this kind or, if caused, likely severe damage.
It will involve an assessment of TPD Frank’s relevant ‘characteristics’ at the time, the circumstances of the detective’s injury and the police force’s knowledge of the dog’s characteristics.
TPD Frank was a Belgian Malinois who was being kept at home by DCI Wilczek’s husband, a police dog handler. Pictured: file photo of a Belgian Malinois
Mr Schmitt described the case as ‘legally complex,’ with DCI Wilczek needing to establish that Frank had a known volatile character before she can establish liability.
It means the judge who eventually hears a trial of the claim will need to consider expert evidence from a specialist in canine behaviour.
‘This dog was going through being gifted before being released into her partner’s care,’ he said.
Barrister Hayley McLorinan – for the chief constable – said the trial would involve examination of the ‘underlying training regime operated by the police’.
‘It’s about what we knew about the dog,’ she told the judge.
Under the Police Reform and Social Responsibility Act 2011, chief constables are established as ‘corporations sole’ – meaning that the office of chief constable is a distinct legal entity from the person holding the role.
If DCI Wilczek’s case against the chief constable is successful, damages are paid out of the police fund.
The case will now move on to a full trial of her damages claim, which will take place at a later date, unless the parties can agree a settlement without returning to court.
A Kent Police spokesperson told the Mail: ‘Kent Police is defending a civil claim relating to an incident that happened at the home address of one of its officers and involved a trainee police dog in January 2022.
‘It would be inappropriate to comment further until the outcome of the trial.’