Exclusive:Pitbull that mauled small dog in Southsea street will be destroyed after appeal bid fails
"This is not a case about whether XL Bullies are dangerous; this is about whether Baba is dangerous,” the judge said.
A pitbull that mauled another dog to death is due to be destroyed, despite an appeal from its owner.
On August 7, 2024, Bubba escaped from his home in Green Road, Southsea, via an open door, jumped over the front gate and a parked car, and attacked a small dog named Darcy, which died two days later from its injuries.
Bubba was seized by authorities, and owner Richard Penfold was arrested - and subsequently charged - with one count of allowing a fighting dog to be in a public place without a muzzle or lead.
Having pleaded guilty at Portsmouth Magistrates Court in November 2024, the 52-year-old was later fined, and a destruction order was issued. It was the latter that the defendant sought to appeal.
At Portsmouth Crown Court yesterday (Friday, August 7), Judge Daniel Sawyer heard evidence both for and against Bubba being returned home. The dog - which the judge referred to as an XL Bully but the owner says is a pitbull - had been kept in kennels for the past two years.
The prosecution's case was that Bubba presented a danger to the general public, and that Penfold was not a fit and proper person to take care of the dog, given what had happened previously.
In support of Penfold, the court was told of how the defendant has kicked his previous drug habit, purchased higher gates at home, and that Bubba was not aggressive towards humans - although showed evidence of a natural aggression against other dogs.
After briefly retiring to consider a verdict, Judge Sawyer, flanked by two magistrates, ruled against Penfold's appeal.
He said: "We are satisfied that a dog can be a danger to public safety, even if it does not attack humans. That's because if it attacks another dog, humans can be injured if they try to intervene.
"This is not a case about whether XL Bullies are dangerous; this is about whether Bubba is dangerous. Penfold failed to ensure Bubba was properly shut away.
"Between us, we have many years of experience as dog owners - the defence has not satisfied us that Bubba is not a danger to public safety, and so the destruction order must remain. The appeal, therefore, has been refused. Our considerations would have been the same for any breed of dog."