A WIGAN rescue dog may still be put down after the department for environment, food and rural affairs challenged a court order which gives her exemption.
Wigan Magistrates Court ruled that Missy the young terrier does not pose a risk to the public, and concluded she should be exempt from destruction even though she is a banned breed under Section 1 of the Dangerous Dog Act 1991.
The ruling was subject to final confirmation by The Department for Environment, Food and Rural Affairs (DEFRA), who administer a list of banned dogs who do not have to be put down.
However, they did not hand over the paperwork and want to challenge the Magistrates’ ruling.
Officials from DEFRA are attempting to have Missy’s case relisted before a District Judge sitting in Manchester Magistrates’ court; because they disapprove of the decision and think it should be changed, and the dog should be killed.
Phoebe, the dog’s breeder has come forward to the RSPCA and is willing to go through the Court process so that Missy can live. The RSPCA is supporting his application.
Missy was taken into care by the RSPCA in February this year, after she was found starved and underweight in a back garden in Rusholme which was covered in faeces.
She had no fresh drinking water, slept on filthy and wet bedding in a makeshift kennel, and was found ‘unsteady on her feet’ weighing only 13.6 kilos.
The dog suffered muscle wastage meaning her ribs, pelvis, spine, and hip bones were protruding under her skin.
The vets rated Missy’s health as one out of nine with one being emaciated and nine being obese, 5 is the optimum score.
The dog’s owner, Rachel McKenzie, 32 of Deyne Avenue, Rusholme pleaded guilty in July to two offences under the Animal Welfare Act.
She was given a 12 month Community order, which includes a curfew, and is also banned from keeping dogs for eight years.
She admitted to the RSPCA officers that Missy hadn’t eaten for around two months, and added she was too unwell to look after the dogs and clean the yard; a task her former boyfriend took care of.
The statement below was released in conjunction with the case:
“We are very concerned to hear that Missy’s case may not yet be concluded.
“As she has been considered not to constitute a danger to public safety and her potential new owner has been identified as fit and proper to be in charge of her, we hope this can be resolved quickly so Missy has the opportunity to live a long and happy life.
“We continue to care for Missy until she can be handed over to her new keeper.”