XL Bully owner given chance to save pet after judge ordered it to be put down

An XL Bully dog owner has been given a second chance to save her pet from being put down after winning a legal battle.

Shannon Kane, 42, was previously told that her “boisterous” canine, called Zeus, was going to be destroyed following legal proceedings last year.

Kane had appeared in the dock at Tain Sheriff Court after admitting breaching legislation designed to regulate dangerous dogs.

The court heard that she was keeping the animal without an exemption certificate and had failed to take action to obtain one.

Owners of XL Bully dogs are required to register, microchip, and neuter their dogs following a series of high-profile attacks involving the breed.

Sheriff Neil Wilson ordered Zeus to be destroyed as a consequence of Kane’s actions.

Lawyers for Kane believed Sheriff Wilson’s ruling was wrong and launched a bid to have Zeus kept alive.

Solicitor advocate Ann Ogg told the Sheriff Appeal Court in Edinburgh that the legal test that should have been applied was whether Zeus constituted a danger to public safety.

Ms Ogg argued there was no evidence to suggest Zeus was dangerous. She said he was boisterous and took time to control when police attended Kane’s home.

But Ms Ogg said there was no evidence that Zeus was aggressive or that people had complained about his behaviour.

She told the court that the legislation allows judges not to order destruction if they are satisfied the dog does not pose a danger to public safety.

In a written judgment issued on Tuesday, Appeal Sheriff Christopher Shead overturned his colleague’s earlier decision.

Sheriff Shead, who heard the appeal with Sheriff Principal Gillian Wade KC, ordered that a contingent destruction order be issued.

This means Zeus will only be destroyed if the Scottish Ministers refuse to grant an exemption certificate. Kane now has two months to apply.

In the ruling, Sheriff Shead wrote: “The dog has no history of aggressive behaviour. In particular, we note that Zeus did not act aggressively towards the local children or other dogs.

“The second mandatory consideration relates to the appellant. Here, we recognise that there is scope to criticise her failure to act more quickly in dealing with the neutering and microchipping of the dog.

“She should also have acted to apply for the necessary exemption by the relevant date.

“However, there is no indication that she was not prepared to co-operate with the expert and no suggestion that she was resistant to any advice offered.

“For example, there is no indication that she would disregard any requirement to keep the dog muzzled and on a lead while in public.

“Thus, in our view, on the information available, it cannot be said that the appellant is not a fit and proper person to be in charge of the dog.

“Accordingly, we have reached the conclusion that the dog would not be a danger to public safety and that, therefore, an order for destruction need not be made.”

It has been illegal to own an XL Bully in Scotland without an exemption certificate since August 1, 2024.

Prosecutor Martina Eastwood previously told Tain Sheriff Court that on October 18, 2024, police called at Kane’s home in Balintore after receiving information that she had an unregistered XL Bully.

Ms Eastwood said Zeus “presented as friendly” but was so “boisterous” that officers were unable to accurately measure him at first.

She said it took several minutes for Kane to put the dog on a lead, and the owner did not have a muzzle for Zeus despite one being required.

Solicitor Molly Gallagher, for Kane, told the court that her client had inherited the dog from her son when it was just a puppy.

“She cares a lot for the dog,” she said.

The court heard that the Scottish Government’s window for standard exemption applications closed in July 2024, several months before police arrived at Kane’s home. Applications after that date can proceed only where a court makes a contingent destruction order.

In the appeal judgment, the sheriffs noted that the original sentencing sheriff did not have the benefit of an expert report on Zeus’s temperament.

Sheriff Shead wrote that an expert report helped him and his colleague in their deliberations.

He added: “The sheriff did not have the benefit of a report on the dog’s temperament at the time of sentencing.

“In our view, it is necessary for this court, based on the information now before it, to consider the matter de novo.

“We have summarised both the circumstances of the offence and the key points in the expert’s report.

“Having considered parties’ submissions we have reached the conclusion that it would be open to this court to make a contingent destruction order.”