A FLINT woman launched into an impassioned outburst at a Judge after she was told she must surrender her dog for destruction within 48 hours.
Sarah Sendall, of Maesgwyn in Flint, appeared at Caernarfon Crown Court on Friday.
The 51-year-old was appealing a decision by Mold Magistrates Court in October that her pit bull terrier “Storm” be destroyed after it broke through a fence and killed a puppy in a neighbouring garden.
On behalf of North Wales Police, Gareth Preston told the court that a contingent destruction order was made by Magistrates in July 2021.
READ MORE: Court orders dog to be destroyed after it attacked and killed neighbouring property’s puppy
It stated that Storm was classified as a prohibited animal and must be kept under strict conditions – or she would be destroyed.
Those conditions included that she be neutered, microchipped, muzzled and kept in a securely enclosed space, as well as being on a lead at all times whilst out.
Mr Preston said “all was well” until March 25, 2022, when Storm broke free and got through the back garden fence into a neighbouring garden, where she killed a four-month-old French bulldog puppy.
Following the incident, at a hearing at Mold Magistrates Court in October, District Judge Gwyn Jones ordered that Storm be destroyed within 28 days – which Sendall appealed.
At the appeal hearing, Judge Niclas Parry expressed his surprise that since the incident Storm had not been seized – but had been allowed to return to the Sendall’s home.
Dafydd Roberts, defending, told the court that when assessed by experts, Storm had not displayed any concerning or aggressive behaviour.
She lives with a Labrador with whom she is “the best of friends” and had never had any issues with, he said – adding: “This was an accidental breach – a momentary lapse.”
Judge Parry pointed out that experts found the dog’s frustration on the day in question had arisen because it hadn’t been walked or exercised and that it had not been muzzled.
Mr Roberts said at the time, his client had been recovering from back surgery and hadn’t felt able to safely walk Storm.
Although there had been difficulty in finding an appropriate muzzle initially, she had since obtained one, the court heard – and she is “now in a position to walk and exercise the dog.”
He added Sendall had not known the section of fence Storm had broken through was rotten, but that efforts to rectify the issue had since been undertaken.
Mr Roberts invited the court to conclude that Sendall was a caring and responsible dog owner, and that her pet is not a danger to public safety.
After a short period of deliberation however, Judge Parry disagreed.
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He said there was no doubt she had done her best, but “that best was simply not good enough.”
He continued: “This animal is prohibited for a reason and despite the conditions, the animal displayed its character on that day.
“It is with a heavy heart that, with public safety paramount, this is a case where the destruction order must be enforced.”
He ordered that Storm be surrendered to the police for destruction within 48 hours, with preparations in place to resume the hearing on Monday and take further steps if the surrender isn’t carried out.
As the hearing drew to a close, an emotional Sendall shouted at the Judge: “She’s part of our family – you’re taking one of my family members away. It’s disgusting.”
