Pitbull escapes death row term

A large pitbull that ripped the skin off a woman’s hand is going back to its young family after a judge decided ‘‘exceptional’’ circumstances meant it should not be destroyed.

Former Hastings prison guard Matthew Fa’alele has fought for nine months for the return of his 55-kilogram american pitbull terrier-cross, Lennox, which was impounded last November.

Lennox was locked up by Hastings District Council after he attacked Cherie Youngman, a teacher at Fa’alele’s children’s school, in October last year.

Youngman had an appointment to visit the family and was reaching for their front gate when Lennox snapped at her, ‘‘degloving’’ a significant amount of skin in an injury that required surgery. She has still not regained full mobility of that hand.

Fa’alele pleaded guilty to owning a dog that had caused serious injury. Under the Dog Control Act, a conviction means the animal must be destroyed unless a judge is convinced there are ‘‘exceptional’’ circumstances.

In Hastings District Court yesterday, lawyer Matthew Phelps argued his client was a responsible owner, that Lennox had never shown aggression around his primary school-aged children, and was within the family’s fenced property at the time of the attack.

He called evidence from an experienced dog trainer, who said Lennox’s behaviour was consistent with the animal acting to protect Fa’alele’s children. If the dog had been intent on deliberately hurting Youngman, he would have ‘‘crushed her hand’’ in his teeth, rather than just ripping her skin.

But a vet called to give evidence for the council described Lennox as ‘‘a big, strong powerful dog’’ she wouldn’t consider approaching.

Dog trainer Mike Blatch, a friend of Fa’alele’s, told the court he first assessed Lennox as a puppy and had monitored his behaviour in the pound. He believed the dog had a safe temperament, and the attack was a ‘‘one-off’’ to protect the children.

But vet Helen Taylor, who also assessed Lennox, said she would not want to get into an enclosed space with him. He was not the type of dog she would treat.

Judge Tony Adeane accepted that, for the reasons put forward by Phelps, there were exceptional grounds not to have Lennox destroyed. The dog will, however, be neutered before being returned home, and will be registered as dangerous by the council.

The judge ordered Fa’alele to come up for sentence if called upon within 12 months, saying that would be strong motivation to ensure Lennox didn’t harm again. Fa’alele was also ordered to pay $300 for owning an unregistered dog, and to make a $1000 emotional harm payment to Youngman.

Later, Fa’alele said he and his children had been visiting Lennox in the pound six days a week and he was overjoyed the dog was coming home. ‘‘He’s not a menacing dog.’’

Youngman could not be reached for comment.