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Judge rules Max the dog is banned breed and sets two-month destruction deadline

“Unless the dog is exempted within two months it will be destroyed.”

13:43, 02 Oct 2025

Max Campaigner Zara Duncan.

A Dundonald stray dog has been judged to be a Pit Bull-type dog with a two-month destruction order now hanging over him.

Max the dog has been held in Lisburn and Castlereagh City Council (LCCC) kennels since he was seized in December 2024 as a suspected banned breed.

Campaigners for Max took on a legal challenge after council dog wardens had assessed him as a Pit Bull type, which could have resulted in the dog being destroyed. They say, Max has now been “condemned to a life of restrictions”.

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Lisburn Magistrates Rosie Watters ruled today (Oct 2): “No dog will have every characteristic (of a Pit Bull type) and that is accepted by all the experts.

“But, having heard from four experts…it is clear the dog has in my view a substantial number of the relevant characteristics. And I therefore conclude this dog is a Pit Bull terrier type.

“Max is therefore a banned type. However, I am satisfied that the dog will not be a danger to the public. And everyone should be aware that the council has no desire to destroy this dog.”

The ruling means that Max is now legally recognised as a banned Pit Bull type. The judge alluded to no precise criteria to identify a Pit Bull type, but referred to the American Dog Breeders Association standards as a guide “used by all the experts”.

LCCC barrister Donal Lunny told the court:”The council will take steps to exempt the dog. “Conditions will have to be satisfied in relation to that, but they are relatively straightforward.

“We will now draw up a draft conditional destruction order, which then can be approved or amended by the court. That then sets the two-month period running. Unless the dog is exempted within two months, it will be destroyed.”

Dog lovers across NI are calling for five-month-old Max to be saved

Evidence was previously heard in court from two council dog wardens and Stuart Davidson, an expert dog legislation officer from the National Police Chief Council based in Liverpool, who assessed Max as a banned breed.

However, an expert on dog behaviour, Dr Helen Howell, has stated that Max was not a Pit Bull and was the only assessor to video record her measurements of the animal.

The Local Democracy Reporting Service (LDRS) understands that ‘Molly Piper ‘, who was refused ‘standing’ in court (June) to be recognised as Max’s owner, will now begin the process to home the dog as her pet.

Campaigners and their pets show their support outside Lagan Valley Island for Max the dog on death row.

Following today’s judgement animal rights campaigner Zara Duncan spoke to the LDRS, saying: “Today’s verdict spares Max’s life, but condemns him to restrictions under flawed Breed Specific Legislation as Pit Bull Type dog. Max has been assessed as no risk to public safety, yet he will live a life judged solely on appearance. His story shows the cruel injustice faced by stray puppies abandoned at the mercy of councils.”

“Although this verdict is not the result we hoped for, we must recognise that healthy puppies, who pose no behavioural risk to the public, do not need to be needlessly destroyed.”

She added: “There is no doubt in our minds that, without the early intervention of leading animal welfare charities, most notably the USPCA and Mid Antrim Animal Sanctuary, Max would not be alive today. Their advocacy, alongside overwhelming public support, ensured his case could not be ignored.”

General view of Lisburn City and Castlereagh Council headquarters at Lagan Valley Island(Image: LDRS)

The LDRS contacted LCCC, with a spokesperson saying:”The court ruled that while Max is a banned type, he may be rehomed subject to compliance with a number of strict conditions, including being insured, microchipped, muzzled in a public space, always to be exercised on a lead, kept in a secured environment and neutered. These conditions must be met by the new owner within eight weeks.

“The council is liaising with the person who has been fully vetted and deemed suitable by the Mid Antrim Animal Sanctuary in association with the USPCA to become the legal owner of ‘Max’. We wish him to be placed in her care as soon as possible subsequent to her confirmed compliance with the required conditions.”

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