Colchester mum allowed to keep XL Bully Marley by magistrate judge

Marley was seized from owner Sonya Deans by police officers in February after neighbours saw the dog “running out of the address towards people”, Colchester Magistrates’ Court heard.

Deans had bought the dog three years ago before the Government passed new laws this year requiring owners to insure and tag the breed.

Family - Colchester Magistrates' Court heard Marley lived 'peacefully' with the owner and her son, plus two cats (Image: Press Association)

The defendant kept Marley despite being unable to afford the costs involved and the dog was placed in secure kennels where it has remained for six months at a cost of £4,300.

Marie Ellis, prosecuting, said: “The defendant says she was in the process of getting it insured but was unable to register the dog because the date of January 31 for registering the dog on the index [had passed].”

On Thursday it was argued that Marley had become an integral part of family life for Ms Deans and her son, with a report confirming the dog did not have a history of aggressive behaviour.

Lucy Osborne, mitigating, said: “What the defendant says about purchasing Marley is that at the time she did that, this legislation was not in place.

“She has said, with the benefit of hindsight, were she in that situation again and she had known the legislation was coming, she would not have done that because of the financial implications.

“She was required to chip the dog and register the dog, both of which had financial implications for her because she is a single mother on universal credit and receives no money from the father of her son.

“She simply didn’t have the money.”

Ms Osborne added there are also two cats in Ms Deans’s flat in Windsor Close, Colchester, and that they all “get on peacefully together”.

Fine - Sonya Deans was ordered to pay a fine and part of the costs of keeping Marley in secure kennels (Image: Daniel Rees, Newsquest)

Deans, 36, was told by chair of the bench Beverley Davies that Marley “does not constitute a danger to public safety”, but will have to obtain a certificate of exemption.

She must also pay £253 in costs and £1,400 of the £4,300 it costs to keep Marley in secure kennels.

Magistrates ruled Marley must now be muzzled in public as well as being chipped, neutered and insured.

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