Pensioner Left with Pack of 10 XL Bullies Before Fatal Mauling, Court Hears
A pensioner with limited mobility was left in charge of a pack of ten XL bully dogs with a combined weight of up to 190 kilograms before she was fatally mauled, Chelmsford Crown Court has heard. Esther Martin, who was 68 years old at the time, was killed in February 2024 in what prosecutors have described as a tragedy waiting to happen.
Details of the Alleged Negligence
Ashley Warren, 41, is on trial accused of owning or being in charge of two XL bully dogs that killed the pensioner. The court heard that Warren left Ms Martin with the two adult dogs, named Beauty and Bear, and eight puppies of the same breed at his home on Hillman Avenue in Jaywick, Essex, on February 3, 2024.
Prosecutor Chris Paxton KC stated that Ms Martin had restricted movement due to a hip replacement, arthritis, and a limp. He argued it was a ludicrous suggestion to consider her a fit and proper person to control such powerful animals. The combined weight of the pack was estimated between 180kg and 190kg, with the dogs described as unpredictable, towering, and muscular.
In old money, that is about 26 to 28 stone, not of static Roman statues but living, writhing, fighting dogs, Mr Paxton added. The two adult dogs weighed 39kg and 47kg, while each of the eight puppies weighed between 10kg and 12kg.
Prosecution's Case Against Warren
Given that Warren had known Ms Martin for more than twelve years, he would have been aware of her mobility issues and had no basis to believe she could physically stop the dogs, Mr Paxton asserted. The defendant is responsible as the owner of Bear and being in charge of Beauty because no one could reasonably believe that Esther Martin was a fit and proper person.
No one would reasonably believe that Esther could control those dogs with the physicality and power that they clearly possessed, never mind the fact that there was not just one adult XL bully dog but two, with eight puppies in tow, the prosecutor emphasised.
Ferocity of the Attack and Aftermath
The ferocity of the dogs was such that police officers were unable to enter the home until they had deployed Tasers, entering not just with Tasers but with shields, Mr Paxton told the court. Jurors heard that Ms Martin sustained a minimum of sixty mostly dog-related injuries before her death.
It was also revealed that the animals had not been walked for four weeks prior to the attack. The mauling occurred just two days after the Government made it a criminal offence to own an XL bully in England and Wales without a certificate of exemption.
Charges and Trial Proceedings
Warren, now of Addlestone, Surrey, has pleaded not guilty to being the owner of a dog named Bear which caused injury resulting in death while dangerously out of control in a private place. He has also denied being a person in charge of a dog named Beauty which did the same.
Additionally, Warren has denied having a bladed article without good reason or lawful authority at Clacton railway station on February 3, 2024. During Monday's hearing, the defendant, wearing a pink shirt, sat in the dock with his head bowed as the trial continues.
This case highlights significant concerns about dog ownership responsibilities and public safety, particularly involving powerful breeds like XL bullies. The tragic incident underscores the need for proper oversight and accountability in such situations.
