02/10/2025
⚖️ JUDGE RULES MAX THE PUPPY IS A PIT-BULL TYPE - BUT HE WON’T BE PUT TO SLEEP
A judge today (Thurs) ruled that Max the seized puppy meets the criteria for being a “pit-bull type” dog and therefore, a banned breed.
Delivering her ruling at Lisburn Magistrates Court, District Judge Rosie Watters said that having heard evidence and reviewed guidelines cases, she was satisfied that Max meets a “substantial number” of the criteria points.
In those circumstances, the judge said she was satisfied that Max, who has been in council kennels since December last year, meets the criteria for being deemed as “pit-bull type.”
She said while Max was being classed as a pit-bull type, there was agreement that he is not dangerous or poses a risk to public safety.
She emphasised and re-iterated however, that despite her ruling, Lisburn City & Castlereagh Council “have no desire” to have Max put to sleep.
In an exchange between DJ Watters and the council’s KC Donal Lunny, it was confirmed the next step will be for the council to lodge an exemption certificate.
Last week, the court heard evidence from four experts as to their view on whether or not Max should be ‘typed.’
Under Breed Specific Legislation (BSL) which was introduced in the UK and NI in the early 90s, pit-bull type dogs are a banned breed and as such, the owner must have an exemption certificate or face having the dog humanely euthanised.
Much like the recently introduced exemption certificates for XL bullies, owners of dogs classed as pit-bull type must have their dog neutered or spayed, have a third party insurance policy, they have to be microchipped and when they’re out in public, the dog must be muzzled and kept on a short leash.
While three witnesses, including two council employees and former police dog handler Stuart Davidson gave evidence that they believed Max did meet the criteria, Dr. Helen Howell testified that of the 46 different breed-specific tests, Max met less than half of them.
She told Mr Lunny that having examined thousands of American pit-bulls in America and across the UK, it was her view that Max does not meet the criteria to be classed as a pit-bull type when his measurements and appearance are compared to breed standard guidance printed as long ago as 1977.
In court today (Thurs), Judge Watters said she was grateful to each of the experts who came to give evidence and also for the way that the case had been presented with arguments for and against.
She added that having reviewed all of the evidence put before her, it was her view that Max “meets a substantial number of the criteria” and so she was satisfied that he should be classed as a pit-bull type.
Judge Watters said given her ruling, it was now a matter for the council “to play their part and exempt the dog.”
Mr Lunny agreed “that is exactly right - the council will now take steps to exempt the dog.”
The next step, he told the court, would be for the council to lodge a contingent destruction order which means the exemption certificate has to be granted and lodged within two months.
The senior barrister told Judge Watters the council will undertake to have the CDO lodged with the court today (Thurs).
ENDS
Copy by Paul Higgins
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