XL Bully owners appear in court after owners fail to register banned breed with certificate of exemption
Published: 05:00, 01 June 2024
A mum called police for advice on how to register her XL Bully, only for officers to turn up at her home and seize her beloved pet.
Esther Larney’s dog Sunny was kept in pricey police kennels for nearly four months after she fell foul of new laws, brought in on February 1 in response to increased reports of injuries and deaths caused by the breed.
But the 35-year-old said the reason she hadn’t obtained a certificate of exemption was due to problems using the government website, which kept crashing as it was so busy.
She was one of three XL Bully owners to appear at court last week after failing to register their dogs, now a banned breed. While Sunny was spared, magistrates ordered for one of four animals to be put down.
They had all been seized in February, despite the fact none had attacked or injured anyone.
Mum-of-two Larney got Sunny microchipped, insured, muzzle trained and neutered - as now required by law - but failed to register him for a certificate of exemption.
She said the government site kept crashing as it was so busy and, after missing the deadline she sought advice from Defra on the same website. They told her to contact her local police force for advice and support.
However, three days after calling Kent Police for that advice, officers turned up at her home in Rede Court Road, Strood, and seized her pet, who was one-and-a-half years old.
Larney, an events manager, pleaded guilty to possessing a fighting dog under the Dangerous Dogs Act when she appeared in the dock on May 23.
Rajni Prashar, prosecuting, said: “She did make efforts but failed to register the pet before the deadline, so she contacted Kent Police and three days later officers arrived and took Sunny, he’s been in the kennels ever since.”
The court heard Sunny was nervous and not familiar with its surroundings but there had been no incidents with his behaviour.
The dog’s vet had also written a letter to the court to say Larney wasn’t an irresponsible owner and had started to get everything in place for Sunny as early as November last year. He said the animal was one of the softest dogs on his books.
Despite police requesting the dog be put to sleep, prosecutor Miss Prashar told magistrates it was up to them to decide if the dog lived or died and reminded them they could order the dog not be destroyed, but allowed to live with certain conditions.
Magistrates agreed, as they heard Larney and her family were anxious to get the family pet back, and ordered Kent Police to register the dog and return it to Larney on the condition it was fully insured and castrated, which it already was, as well as being walked on a lead with a muzzle by a person over the age of 18 at all times.
They fined her £448 for the offence and ordered she pay a victim surcharge of £179 as well as reduced kennel fees of £1,000 to the police. It had cost the force £3,630 to keep Sunny locked-up.
Another man, Liam Gregory also had his two XL Bullies, Bella and Luna, seized by police in February, five days after a family member called Kent Police for advice.
Gregory, 50, of Alsager Avenue, Queenborough, had not been sure his dogs needed a certificate of exemption as they are cross-breeds but he had microchipped and insured them in any case. He too pleaded guilty to possessing a fighting dog.
His beloved pets had also been in kennels ever since.
Magistrates heard a dog expert had examined and assessed the pets, who are mother and daughter and had showed no aggression in the kennels.
Again, police had requested the dogs be destroyed, but magistrates spared them as the dogs were good-natured.
They ordered the dogs be neutered and registered before they could be released, then only walked, while muzzled, by an adult.
He was fined £80 and ordered to pay a victim surcharge of £32 as well as £4,346 in kennel costs. It is not known how long it will take for Bella and Luna to be returned to him.
Speaking after the case, Gregory, a widower, said: “It’s been a nightmare, so stressful for me and for my children, especially my daughter, as my dogs are part of the family.
“It’s been a nightmare, so stressful for me and for my children, especially my daughter, as my dogs are part of the family…”
“They have never growled or barked at anyone and I don’t even know if they are XL Bullies, they are mixed breed and some people think they are Cane Corsos, not Bullies.
“When they were seized the officer even tried to get me to sign them over to the police so the dogs could be disposed of, but I wasn’t signing anything over to the police, I didn’t want my dogs destroyed, they are family pets.
“I would encourage other dog owners not to sign their pets over to the police either as they will be put down if they do.
“I now have the paperwork from Defra and once the licence (of exemption), is back with me signed off, I have to pay £900 for the dogs to be neutered and then they will be returned to me, luckily I’ve been saving up.
“I was told it could take weeks, but I think I will probably get them back within a week or so.
“I am a responsible dog owner and I can’t take any chances.”
However, another owner, 33-year-old Amanbreet Hundal hadn’t attempted to apply for an exemption certificate and had also neglected his pet which the court heard had never walked in its short life.
Magistrates were told Hundal, who used to live in Chatham, but was now back with his parents in City Way, Rochester, had been grassed up by someone who called the police to say he had an unregistered XL Bully at his former home in Walderslade Road.
Officers seized nine-month-old Kilo on February 20.
The bench heard when police tried to put a collar on the animal, Hundal explained the XL Bully had never been on a lead before as it had not been out for any walks.
They were also told Kilo had also been left alone in the house for long periods and had not had any stimulation or socialisation with other animals or people.
James Nichols, prosecuting this case, said: “The dog had not been microchipped or neutered either and because it has not socialised with people or other dogs, sadly there is really no option of it being rehomed and the police say it should be destroyed.
“It is not used to being in the company of humans and that is a problem.
“He has not been a responsible dog owner and now Kilo will probably be destroyed, because of his lack of action.”
Mr Nichols also asked the bench to consider banning Hundal from keeping dogs in the future.
He added: “Given the neglect, it doesn’t sound like the dog has ever been out of the house.”
The court also heard Hundal blamed a “difficult divorce” for his lack of care of the dog.
Lewis Holloway, defending, said: “This is a sad state of affairs, he has no previous convictions and until recently was doing well in life.
“He ran a cafe, had a food truck and owned his own home, which is in the process of being sold as he’s going through a difficult divorce.
“He’s spent thousands on lawyers and it has been a difficult time for him, if he’d simply registered the dog, we would not be here today.
“His life went downhill and it affected his ability to cope. He’s very sorry for what’s happened. He’s now living with his parents who are supporting him financially as he’s not working at all at the moment. He wants to get his life back on track.”
Magistrates fined Hundal £120 and ordered he pay a £48 victim surcharge and £85 in court costs. They ordered for Kilo to be destroyed but did not ban Hundal from keeping animals in the future.
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KentOnline Court Reporter