A COURT has ordered a pit bull terrier be destroyed after a hearing was told the dog attacked and injured a kennel owner.

Marley, a banned breed of dog, has been deemed a "danger to the public" and magistrates had concerns about him being around his owner's five-month-old baby.

Cumbria police brought the dog destruction application to Furness Magistrates' Court under the Dangerous Dogs Act on Monday.

Marley got out of a house in Barrow in December and attacked another dog. Both animals were injured and police seized Marley.

The court heard Marley attacked the owner of the kennels while being walked in an enclosed area on March 3. Marley ran back at her, "ragged" at her arm, ripped her clothes and injured her arm. The woman said she feared serious injury or death, saying the dog had attempted to go for her throat. She used her experience to stay calm and distract the dog.

Marley's devastated owner, Shane Clarke, says he is "gutted" by the decision to euthanise Marley. Mr Clarke has had Marley since he was 10 weeks old. He said the kennel incident was "out of character". He believes the dog was excited, playing and looking for a toy or stick.

The 21-year-old, of Westway, Barrow, said Marley would never be left with his daughter, and that he and the dog live at a different address from his child. He said he would not have attended court if he thought the dog would harm his child.

PC Jonathan Chappell, of Cumbria police's Dog Section, assessed Marley at the kennels in January and found him to be in good health, happy to be handled, and jumping up a lot. PC Chappell inspected Marley's teeth and saw no aggression.

The officer took a call from the kennel owner this month who said Marley had run at full speed and gone for her throat. She turned and he got her arm. The dog damaged three layers of clothes and she suffered a soft tissue injury.

PC Chappell said: "He was ragging her arm and shaking it violently. She managed to slip her jacket."

The kennel owner walked Marley three times a day, at first with other dogs, until he got too boisterous, then he was walked alone. The court was told she was "very lucky" and knew how to react.

Mr Jonathan Tomlinson, prosecuting, said the risk of Marley returning home was "too great".

He said: "Mr Clarke has a five-month-old baby, if the attack had been on a child it could have been fatal."

Mr Tomlinson said the kennels owner feared she would be found "dead in the field". In a statement she said: "I have no trust in the dog. I believe this attack could have ended in serious injury or loss of life."

Mr Tomlinson said: "There is grave concern. We do not have confidence that the dog could be safe. There is only a short window of time needed for a dog to do harm."

Mr Andrew Blennerhassett, defending, said the court could not be sure that it was a "genuine attack" and his submission was that when Marley was presented with a seven acre field he was "excited" and was "playing".

Mr Blennerhassett said he suspected if Marley was going for a neck, he would have done it.

Dog behaviourist, Craig Richardson, assessed Marley and found him excitable, boisterous, and confident. Mr Richardson said Marley could have been in a "playful state of mind".

He thought there would have been more significant injury if the dog had locked down to attack.

Mr Clarke told the court that Marley lives with cats and birds at home and is fine. The court also heard Marley is scared of cats.

The owner said: "He has been loveable and the best dog you could ask for.

"My daughter would not be left with Marley. We would not leave him in the same room. If I believed Marley was a danger to my daughter I would not be here.

"I would say he was playing. I've always played with him. I think he's run back and he thinks she had a stick or a toy."

Marley could have been placed on the Index of Exempted Dogs with criteria to meet, if deemed safe. Mr Clarke's family offered to support this fully and said they did not have concerns as the child would not be near the dog.

The magistrates said they made the decision for public safety reasons and the child's safety.

Chairman of the bench, Mr Ian Skillen, said: "We consider this dog to be a danger to public safety and order he be destroyed."

After the hearing a tearful Mr Clarke said: "I'm gutted. Marley is like a child to me. He has never done us any harm.

"This would be out of character. I believe he was being playful (at the kennels). He has been in the kennels a long time now."

Mr Clarke said any breed or type of of dog could bite. He said: "I would not leave Marley, or another dog, in the same room as my daughter."