A “FIGHTING dog” seen by police being walked unmuzzled by a convicted Burnley drug dealer has escaped a death sentence after its owner, his sister, promised to leave the house they shared.
The town's magistrates court heard how Chico, a five-year-old pitbull bitch, could have been put down.
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Its owner, Nazia Begum, 35, had recently admitted possessing/ having custody of a fighting dog, to which the Dangerous Dogs Act 1991 applied, between March 20, 2012 and April 29, 2014.
The prohibited animal had been the subject of court proceedings in 2011, when Lancashire Police made a civil application for it to be put down, but the court was satisfied it was not a danger to the public.
A contingent destruction order was made, with a number of conditions, including that the owner had to maintain insurance.
Begum admitted the offence because the insurance had lapsed and due to the conviction, District Judge James Clarke had to consider the fate of the dog.
Until it was seized in April, Chico was kept at Arley Gardens, Burnley where both Begum and her brother Amjad Khan, who has served four years for dealing cannabis, lived.
The judge had read a defence report from animal behavioural expert, Dr David Sands, which concluded that the pitbull was not a danger to public safety under the control of a responsible handler.
Judge Clarke had told the court: “That's the crux here. Mr Khan is the issue in the case.”
The judge said Khan had not been prosecuted by police over the animal.
But, sparing Chico, the judge said that three years on from the order being made, there were no adverse reports from the police or prosecution about Chico.
Judge Clarke said although Begum had been “somewhat naive” in terms of her obligations, he thought she was well-intended, had a deep affection for the dog and took her public responsibilities seriously.
He told her: “It was you who contacted the police to tell them your brother was drug dealing. You are clearly somebody who strives to stay on the right side of the law.”
The judge said there was no information concerning any potential involvement of the animal in the drug s offence in 2011.
Begum assured the court she would live somewhere else with the dog. He gave her two months to obtain an exemption certificate. Begum was fined £150, with £85 costs and a £20 victim surcharge.
Trevor Grice, for Begum, said: “She will return to her former address with the animal. She doesn't speak to her brother. They don't have any contact at all.”
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