Killer dog "returned by police" - Liverpool court claim

Grandmother Helen Foulkes

Liverpool Magistrates Court has heard claims that a banned-breed dog that mauled a four-year-old to death went missing and was returned home by police in the months before the tragedy.

The new claim came as Helen Foulkes pleaded guilty to possessing the illegal pitbull terrier that killed her grandson John-Paul Massey.

The Number One Court in Dale Street heard claims the creature, an illegal Amercian pitbull named "Uno", was brought back to the family by police after roaming around as a stray.

Foulkes, 63, appeared before the court to face charges under the Dangerous Dogs Act of owning a prohibited dog.

Tragic John-Paul was savaged to death at Foulkes' home in Ash Grove, Wavertree on 30th November last year.

Dark-haired Foulkes also suffered injuries to her arm as she fought off the "extremely powerful" mastiff.

The two-year-old dog was owned by her son Christian Foulkes, 22, who was last week jailed for four months for owning an dangerous dog.

Dressed in a black trouser-suit, Foulkes spoke only to confirm her name and address during the 20-minute hearing in the oak panelled Number 1 Court at Dale Street.

Defence solicitor, Laurence Lee, said: "The court should consider Mrs Foulkes is a woman of impeccable character who voluntarily cares for the elderly.

"There have been dogs in the family over the years and no dog was particularly aggressive or fought

The dog was lost in the months before John-Paul died and police brought the dog back to the house.

"Helen suffers from a heart condition and no punishment that the court could hand-out would compare to losing her grandson.

"If capital punishment was available she has said she would grab it with both hands.

"Helen Foulkes had much less idea about dogs than her son".

"Mrs Foulkes is entitled to help as much as punishment. Time heals but is taking its time."

Mrs Joanne Parsons, prosecuting said; "I understand the tragic circumstances of this case and that Helen Foulkes is indeed a victim herself.

"But the court cannot over overlook the fact that two illegal dogs were kept at the address.

"The dog Uno is described as a pitbull-type, which is a banned breed. He was 60 cm long and described as extremely powerful, immense and well-conditions.

"He oozed venom and was powerful in strength and agility."

Mrs Parsons described how John-Paul was staying at his grandmother's home where she was baby-sitting him while his parents had both gone-out for the evening.

John-Paul awoke in the night and had asked for a packet of crisps which she gave to him and he fell asleep on the sofa.

Mrs Parsons said: "Mrs Foulkes has said that she assumes that Uno had attacked John-Paul because the dog was accustomed to being fed crisps.

"Mrs Foulkes was shocked by the dog's behaviour and assumed it must have been jealous of her close relationship with her grandson."

Mrs Parsons said the Mrs Foulkes had intended to fined a new owner to give the dog Uno to along with another dog, Lita a breeding bitch.

Mrs Foulkes had said that she suffered from a heart condition and after her son Christian enlisted in the army she could not look after the dogs

She said that Mrs Foulkes was only made aware of the Dangerous Dogs Act after death. She had believed that Uno was an American bulldog, not on the banned dogs list.

District Judge Ian Lomax said maximum credit should be given to Mrs Foulkes for her guilty plea but he could not rule-out a custodial sentence as the incident resulted in a fatality.

He adjourned the hearing for a pre-sentence report and granted Mrs Foulkes unconditional bail to appear at Liverpool Magistrates Court on 1st July 2010.

Speaking outside the court, Mr Lee said: "No sentence would match the pain Mrs Foulkes feels at losing her grandson.

"She often says she wishes she could be with John-Paul."

Mr Lee declined to comment further on the issue of the dog being returned to Mrs Foulkes by police.

He said: "The matter is with the Independent Police Complaints Commission"

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