“I think there is an urgency with this as the ultimate fate of this dog is dependent on my decision. And a decision should be made sooner than later.”
A Lisburn judge is to make an “urgent” ruling over a suspect Pit Bull type dog being held in council kennels for almost a year.
Dundonald stray, ‘Max’ was seized by Lisburn and Castlereagh City Council (LCCC) in December 2024 amid suspicions he is a banned breed.
A case was presented by the LCCC legal team with witnesses brought to the stand on Tuesday morning, September 23, with contrasting views from expert assessors.
District judge Rosie Watters said: “I do accept that everyone here is an expert in their own right, so this is quite difficult. This is not an exact science. I think there is an urgency with this as the ultimate fate of this dog is dependent on my decision. And a decision should be made sooner than later.”
LCCC has made an application for a conditional destruction order of the animal.
Barrister for the local authority, Donal Lunny highlighted “there is no dispute of the dog being any danger to the public”.
This would mean that Max would be recognised as a Pit Bull type, but would not be put down. Instead, the dog would be required to be neutered, kept in a secure living area and be muzzled as well as on a lead in public. This would be subject to an agreed new owner.
The judge alluded to the case being decided on “the balance of probability” with the courtroom hearing some different measurements and characteristics of Max being taken in all four assessments. Mr Lunny added that if Max had been “a dog judged in America in a show against registered pedigree Pit Bull terriers, it may not be of the breed, but type is a wider concept”.
Evidence was heard in court from two council dog wardens and Stuart Davidson, an expert dog legislation officer from the National Police Chief Council based in Liverpool.
Mr Davidson said: “I have assessed more than a thousand dogs plus. I have never seen a perfect Pit Bull.”
Expert on dog behaviour, Dr Helen Howell has stated that Max is not a Pit Bull and was the only assessor to video record her measurements of the animal. The court did hear that video recording was not required in legislation to make an assessment.
Dr Howell said: “I do not accept any of my measurements (of Max) are incorrect.”
Animal welfare campaigners for Max, have argued that the age of the dog at initial assessment was too young, though updated assessments were carried out at an older age.
The magistrates has already dismissed a case in June on claims there was a new owner (Molly Piper) of the micro-chipped abandoned pet.
In that case, barrister for the campaigners, Cathryn McGahey submitted that dog wardens from the council had “doctored” paperwork.
The wardens refuted the allegations in court on Tuesday stating that new information including the confirmed age of the dog had only been known at a later date with “amendments made” to the papers.
The ruling on Max is expected to take place on October 2 at Lisburn magistrates.
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