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A family who have been fighting for almost a year to try and prove their little girl's puppy isn't a dangerous breed lost their 10-month battle today in the Civil Division of the Petty Debts Court.
The dog's future - it's named Mr Bronx - will now be settled by Home Affairs Minister Kristina Moore, who can decide if the puppy should be exported, or she could allow the family an import licence, or she could order the dog to be put down.
Mr Bronx was seized by Customs Officers and taken away from the Gomes family earlier this year, when they came back from a family trip to France.
Customs Officers told the family that the puppy was from a dangerous breed, and he has since spent all year boarding at the Animals' Shelter, with the owners allowed just a single one-hour visit per week.
At one point, the family launched an appeal through social media to have Mr Bronx returned.
But today, Magistrate Peter Harris said the Court believed the dog is a Pitbull.
He said: "With regard to Mr Bronx, I have found Mr Jason Gomes has failed to discharge the burden on proving [Mr Bronx] is not a dog commonly known as a pitbull terrier and under law he is condemned as forfeit."
That doesn't mean the dog will be put down, but is 'legal-speak' for the fact that the Gomes family has lost their case and the dog is now classified as a pitbull terrier.
As for costs, Magistrate Harris said both parties must pay their own costs, with one exception, as the Gomes family must pay "reasonable" costs for the expert who classified their dog as a pitbull.
Speaking at today's hearing, Advocate Simon Young, who represented the Gomes family, said his clients had been through a period of "angst and sheer terror" at the thought of coming to court.
He added: "Confiscation of the dog took place on February 1st and Mr Gomes properly obtained a report from a suitably qualified person in late March.
"The dog was examined in April and the expert came to their conclusions and there followed lengthy procedures. We do not point fingers at whose fault that was because both parties were finding their feet in relation to the procedures followed.
"This has caused angst and sheer terror for Mr and Mrs Gomes who have now waited nine and a half months for this to be concluded. That is payment enough on their behalf and they have already incurred costs."
Advocate Gregory White argued that costs should be made against the Gomes family. He said: "The dog was imported and was of a type. The defendant brought the dog in. If they had wanted to import a dog of this type, a pitbull terrier, they should have applied and paid for a licence.
"The defendant sought to challenge Customs and therefore there should be costs. It is an important judgment because it recognises who the authority is."
In coming to his decision over costs, Magistrate Harris said: "We are dealing with an animal, not an inanimate object and there is an emotional aspect, although I shall try to take the emotion out of it.
"The court orders each party to bear their own costs. In relation to the cost of an expert, I expect reasonable costs to be paid by Mr and Mrs Gomes."
After the case, the Jersey Customs and Immigration Service reminded Islanders which dogs are considered to be potentially dangerous:
"The Jersey Customs and Immigration Service notes the court’s decision regarding the dog known as ‘Mr Bronx’. The Service is grateful to the court for providing clarity that the animal in question is subject to importation restrictions under the Island’s current legislation. The Service would like to emphasise that the importation of certain types of dogs is prohibited unless under the authority of a licence. Such dogs are considered to be potentially dangerous to the public, and include the following types:
"‘Mr Bronx’ will remain in kennelled accommodation, and the JCIS will continue to liaise with relevant parties to resolve this matter."
On behalf of Deputy Moore, who will now decide Mr Bronx's fate, a government spokesman said: “The court has arrived at a decision, which, if it is not appealed, will now allow the Service to consider options on how best to proceed.”
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