XL Bully seized from Peterborough home has chance of life after facing destruction order

The fate of Kendo will be decided by Magistrates at the city’s court after his owner, Godfrey Maduba, appeared in the dock on Friday (October 24).

Maduba (19), of Wheatdole, Orton Goldhay, pleaded guilty to possession of a fighting dog.

The court was told that the ‘starting point’ in the sentencing of such cases was the destruction of the dog – however, in some cases, measures could be put in place that would mean Kendo would not have to be put to sleep.

Pretty Barber, prosecuting, told the court police had been made aware of Kendo after Maduba had been arrested on unrelated matters.

“The dog displayed an aggressive manner, growling and barking"

Ms Barber said: “On April 3 this year the defendant was arrested on unrelated matters.

“A search was authorised at is home address. Police were made aware that in the defendant’s room was an XL Bully.

“When they arrived, the dog displayed an aggressive manner, growling and barking, and officers needed the assistance of dog handlers to secure the dog.

"The dog is an XL Bully, and there is no evidence that it had been registered or insured.”

The court was told that in cases like this, the starting point for sentencing is the destruction of the dog – but measures can be put in place – including ensuring the dog is muzzled when in public, it is neutered, insured, and is only allowed out when with someone over the age of 18 – which could mean his life was saved.

The temperament of the dog, and the suitability of the owner, were things that could be taken into account.

The court was initially told that Maduba, who sat, head bowed in the dock as he listened to the hearing, had accepted that Kendo would be put to sleep – but after being told of the options open to the court, he asked for the dog’s future to considered again.

"The dog was a present to the defendant from an auntie when he was 12 or 13"

Michelle Canagasuriam, defending, said: “There have been no issues with the dog before – he has not been involved in aggressive behaviour in the past.

"It is not uncommon for a dog to growl and bark.

"The dog was a present to the defendant from an auntie when he was 12 or 13 – he has been a pet for seven years, and there have been no issues. He did not realise it was a prohibited dog.

"He is devastated by this.

“He has a very low income, and he does not want to impose financial problems on his family.

“It is a very sad situation.”

The prosecution said kennel costs for the dog while the investigation had taken place so far mounted to more than £5,000.

Sentencing – and the decision on Kendo’s future – was adjourned until November 25 by chair magistrate Alison Marsh. She told Maduba she was not making any promises regarding the fate of the dog.

Maduba was bailed until the next hearing.

What the law says about XL Bullies

It’s a criminal offence to own or possess an XL Bully dog in England and Wales unless you have a valid Certificate of Exemption.

It’s also an offence to:

sell an XL Bully dog

abandon an XL Bully dog or let it stray

give away an XL Bully dog

breed or breed from an XL Bully dog

have an XL Bully in public without a lead and muzzle

If you have a Certificate of Exemption

For the life of the dog, you must:

– keep the dog at the same address as the certificate holder (you can keep the dog at a different address for a maximum of 30 days in a 12-month period)

– tell the Department for Environment, Food and Rural Affairs (Defra) if you permanently change address (you do not need to do this if the dog is temporarily kept at a different address, which is allowed for a maximum of 30 days in a 12-month period)

– tell Defra if the dog dies or is exported

– have third party public liability insurance for your dog and provide proof of this within 5 days if asked by Defra

– keep the dog muzzled in public places – Defra recommends using a muzzle that does not inhibit the dog from panting, breathing or drinking

– keep the dog on a lead in public places – the lead must be securely held by someone at least 16 years old

– keep the dog in secure conditions that will stop it from escaping

When asked by a police constable or authorised local authority officer, you must also provide:

– access to the dog to read its microchip

– confirmation of suitable third party liability insurance within 5 days of their request

– the Certificate of Exemption within 5 days of their request

If you do not follow these requirements, your dog will no longer be exempt from the ban and it could be taken by the police. You could also be prosecuted. New exemptions can only be authorised by a court order.

– If you have a Certificate of Exemption for your XL Bully dog, you must have third party public liability insurance for your dog

– Your XL Bully dog must be permanently neutered and evidence of this submitted to Defra.