'It was my fault, not Bubba's' - Vigil held for Portsmouth dog put down following court order as campaigners protest Breed-Specific Legislation
Campaigners call for change to law that they claim victimises dogs based on their looks
A vigil has been held in Portsmouth in memory of a dog that was put down by the police after it attacked another dog.
The owner of the dog, which was a pitbull called Bubba, Richard Penfold, was at the vigil with the remains of his beloved pet on Sunday, September 6 outside Portsmouth Police Station. He, alongside campaigners against Breed-Specific Legislation (BSL), called for the punishment to be aimed at the owners rather than putting down healthy dogs.
Bubba was put down after he escaped from his home in Green Road, Southsea in August 2024, and mauled a small dog called Darcy. The smaller dog died from its injuries two days later and Richard pleaded guilty to allowing a fighting dog to be in a public place without a muzzle or lead in November that year.
Subsequently a court ordered that Bubba be put down but Richard appealed that decision. Bubba was kept at a kennel until Friday, August 7 when Judge Daniel Sawyer heard the appeal at Portsmouth Crown Court and turned it down with the destruction order then carried out humanely by a vet.
At the vigil, Richard said: “My dog shouldn't have gone through what it went through. I controlled that dog, I was his owner. I take full responsibility for what happened that day and I have done from the very start.”
While Richard and campaigners thought they had another 21 days to find a suitable owner to prevent the destruction order, Bubba was put down after the judge’s decision leading to outrage. However, the police have said they acted lawfully.
Richard added: “My dog shouldn't have paid with his life. This has proved that BSL does not work.”
BSL was introduced as part of the Dangerous Dogs Act 1991 and restricts the ownership of certain types of dogs that are deemed to be dangerous to people. This includes a pit bull terrier, Japanese tosa, dogo Argentino, fila Braziliero and an XL bully.
Campaigners argue that judging the dog by its breed is not an accurate way to determine if they are a danger to the public.
The RSPCA is also calling for a change in the law with their website stating: “There's no robust research to demonstrate that these breeds or types are any more aggressive than other dogs. Aggressive behaviour can be influenced by factors such as how they’re bred, reared and experiences throughout their life. Breed isn’t a good way to predict risk of aggression.”
According to the animal charity, despite the legislation there was a 154 per cent rise in dog bite incidents between 1999 and 2019.
Catherine Warner travelled down from London to be at the vigil on Sunday, where attendees brought squeaky dog toys which were a favourite of Bubba’s. She is passionate about dogs’ rights and is against BSL. She has been in contact with Richard since the incident happened two years ago.
She said: “Today is about Richard, it is about taking a moment as a community to mark the passing of a dog that has passed away due to a law, that in our humble opinion, is an archaic law and needs reform. We don’t believe this law is keeping anyone safe.
“We want to see an end to dogs being judged on looks, it doesn't make sense. You need to take in consideration the owner, why would you kill a dog for the owners failings, that does not make sense. Bubba was not a danger to the public and the purpose of this law is to protect the public. It was brought in in 1991 and dog attacks have gone up, I cannot see how that is successfully fulfilling its role.”
After the appeal was turned down, Catherine and fellow campaigner Gill Henderson were looking to find suitable owners to enable Bubba to live.
She said: “We were very sad to note that Bubba’s life was ended within a couple of hours I believe after the court hearing. There was no way to save Bubba, we couldn’t act that quickly.
“We were actively trying to locate a suitable owner and had potential suitable owners that could have taken him if we had the time to appeal. It was a very sad situation. There was no reasonable time given and no consideration to Richard’s feelings.”
A Hampshire & Isle of Wight Constabulary spokesperson said: “On Wednesday, August 7 2024, a woman in her 40s was walking her two-year-old Cavapoo on Green Road in Southsea, when her dog was mauled in an unprovoked attack by a dog which is identified as a pitbull.
“This breed is banned under the Dangerous Dogs Act of 1991. The woman took her dog to the vet and sadly it later passed away. Richard Penfold, 53, of Green Road, Southsea was charged with allowing a fighting dog to be in a public place without a muzzle or lead.
“He pleaded guilty and in November 2024 a court ordered that the animal be put down. An appeal was lodged within the initial 21-day appeal period against the destruction order imposed by the court, so a stay order was issued by the courts and the dog was kept in police kennels until the appeal was heard. His time in kennels has cost a total of more than £29,000.
“The appeal against the destruction order was dismissed on August 7 this year by the Crown Court and the destruction order was then carried out humanely by a vet, as there were no further stay orders for an appeal issued by the court.”