The five-year-old pit bull called Riley was made subject of a destruction order after he attacked and killed the much smaller dog called Folly.
Pensioner Diana Walton, 90, was left heartbroken after nine-year-old Yorkshire terrier Folly was mauled to death by Riley, which was being walked off the lead in Belmont Park in Exeter in August.
Magistrates made an order for Riley to be put down after police experts certified he was a pit bull type dog and subject to the Dangerous Dogs Act.
Owner Kimberley James appealed the decision to Exeter Crown Court and asked for the order to be made contingent, meaning it is not carried out so long as strict safeguards are put in place.
Speaking after the hearing Ms Walton said: she still has nightmares four months after witnessing the attack.
She said: “I can bury it during the day but it comes back at night and it is the last thing I see and I wake up at night seeing Folly’s poor little body.
“It was a very traumatic experience and I do think the dog should be destroyed.
“It could so easily have been a small child. I also think that dogs should be kept on the lead in parks.”
During the case Miss James told Judge Erik Salomonsen at the time of the attack Riley was being walked by a boyfriend who ignored her request to keep him on a lead.
She said she would ensure he is always muzzled and kept on a lead in the future. She works as a part time carer and said she would make sure no-one else took Riley out.
Her plea failed to persuade Judge Erik Salomonsen, who dismissed the appeal and ruled that Riley must be destroyed.
He said: “Riley is a pit bull type terrier and this matter comes before the court because when the dog was being walked off the lead in Belmont Park it killed a Yorkshire Terrier by continually shaking it by the neck in a way one witness said was like a rag doll.
“We are urged to make a contingent order. We have to uphold the destruction order unless we are satisfied the dog would not constitute a danger to public safety.
“The dog displayed an extreme and unusual tendency when it killed another dog. We note the owner of the Yorkie was a lady of 90.
“It is with very great regret we find we cannot be satisfied this dog would not constitute a risk and therefore we dismiss the appeal.”
The judge, who sat with two lay magistrates, imposed £750 costs.
Eleanor Perkis, prosecuting, said the destruction order should be enforced because it was the only way to ensure the safety of the public and there was a risk someone else may take Riley out without the muzzle.
She said other owners may be put at risk if there was another attack and they intervened to try to separate the dogs.
Police dog expert Pc James Johnson said: “In my experience it is very rare for one dog to kill another and I do not believe a contingent order is sufficient to deal with the extreme mode of behaviour.”
Former police dog trainer Ian McParland showed the Judge a six minute video of behavioural tests he carried out with Riley and claimed the dog had no aggression.
(Exeter Express and Echo - Dec 22, 2013)
Hahaha, former police dog trainer Ian McParland has now made himself a laughing stock by claiming that a pit bull that had already killed had no aggression in it.
ReplyDeleteAs for the judge, he seems to know the pit nutter rule: lie, lie, lie again, even when this means committing perjury. They think all of us are gullible idiots, good thing this judge proved this nutter wrong.