Wednesday, September 12, 2007

The Law Is An Ass!

I do not usually use this journal for commenting about things in the news but I have been so annoyed over the outcome of a recent trial that I felt I just had to express my opinion.

My opinion is that the law is an ass! (Dickens).

On New Year's Day, a little girl aged five, was mauled to death by her Uncle's Pit Bull Terrier.  The understanding in the family was that the dog and the girl should always be kept separate as the dog had already bitten a family member quite some time earlier and also attacked another dog.  The neighbours lived in terror of the animal and of its owner.

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The little girl, pictured above, was staying overnight with her Grandmother.  I only give you the facts as they appear in the newspapers and on the t.v.

The dog had, it was alleged,  been  hit and kicked in the head by the girl's uncle and apparently a film was shown in the courtroom of him doing so.

On the night the little girl met her death she had been left in the care of her Grandmother.  The dog was outside.  The Grandmother drank two bottles of wine and smoked ten joints.  She then let the dog in.  She let it in with the full knowledge that the family had agreed that it should not be allowed near the little girl.

Yesterday she was cleared of manslaughter  by gross neglect and walked free from court.  Her son, the owner of the dog, cannot be charged with manslaughter as he was not there the night the dog attacked.  Also the law only extends to attacks by dogs in public and not on "private" property.

The Grandmother had already served a lengthy prison sentence for dealing class "A " drugs and the uncle, the owner of the dog was also jailed for similar offences.  A large amount of money was found in their home after the attack which, in all likelihood, came from dealing.

The breeding ,selling and owning of Pit Bulls has been illegal in this country for around sixteen years under "The Dangerous Dogs Act".  Unlike the animal that killed the girl, the act has no teeth.  It has proved to be worthless. There are more of these dogs around now than ever.  They are seen as a status symbol, people like to appear "hard" by owning them and dog fighting is an ever growing menace. What good is an Act that cannot be enforced?

An innocent and pretty little girl died in the most appalling way at the turn of the year.  Now, it would seem, nobody is responsible.  The law is powerless to do anything.

I would never have left a child in the care of people such as these in the first place, whether there had been a dog on the premises  or not.  You cannot tell me that the judgement of the Grandmother was not impaired by all that alcohol and cannabis. What Grandmother would drink two bottles of alcohol and smoke drugs whilst her Grand-daughter was under her care?  She had a duty to her Grand-daughter, she failed miserably in that duty and let a killer into the house.  She gets no punishment.

The uncle had already been prosecuted under the "Dangerous Dogs" act for owning an illegal animal.  The judge at the trial questioned why he had not been charged with manslaughter but as I mentioned above, because he was not there at the time and because it was a private residence no further action could be taken against him.

I am angry, her family failed this little girl and now the law has failed her as well.

True, the Grandmother has to live the rest of her life with the knowledge of what she did, but is this punishment enough?  To me, no it is not.  A message needs to be sent out to people who keep any dangerous dogs, that the full weight of the law will fall on them and they will get heavy custodial sentences if their animals attack or kill someone.

I feel angry and so sad for the little girl.  She died a hideous death under the supposed protection of those she loved and trusted, those with whom she felt safe. There is no trust like the trust of a child.  That trust was abused.  The law does nothing, the law seems powerless. 

Sleep in peace, little angel.

So, I ask you your feelings on the matter.  Do you think the Grandmother should have been jailed?  Do you think the Uncle should have been charged with manslaughter?  What are your views on banned dogs in general?

42 comments:

Anonymous said...

Wow... doesn't seem right...  I've been around Pit Bulls... and never had an issue but had those dogs already bitten I'd stay away that is for damn sure.  If it's against the law to own one, and he already bit someone, why was he not removed from the home.  That law is useless.
hugs
d

Anonymous said...

This is appalling.  It sickens me to think of the horror and fear that little girl went through while she was being slaughtered by that dog.  That dog should of not been even allowed to be on the premises.  The Grandmother should spend the rest of her life in jail for her actions and the Uncle should spend jail time too for keeping the dog on the property.  Thats why I'm so afraid for my Sarah, that her father will get all liquored up and start a fire.  He almost has twice when we lived there.  Linda

Anonymous said...

Yes the grandmother should have been jailed..yes the uncle should have been charged and I think that Pit bulls should be banned which they are but if they don't uphold that law what chance do the public have?
All dogs have the potential to bite and mame..ALL..including my sweet little yorkie..I read in another journal how a yorkie turned on the owners husband and bit him..they were really upset but kept the dog..if it had been a Pit Bull the hubby could have been killed...which is why they are so dangerous..I don't think they are necessarily any meaner than any other dog but they have such power that if they do turn they can be deadly..and when they are trained and used to do just that it is a deadly combination...
Over here a mother got 27 months in prison for buying her son beer for his 16th birthday party in her own home where she supervised and took away everyones car keys that came to the house ....
Sorry this was so long winded..LOL how are you anywway??
:-)
Lyn

Anonymous said...

we should not profile dogs anymore than we should people. I OWN a pit bull. HONEY Bee she is the least likely to bite of any of our dogs!!!!! its all in how a dog is raised much like a human. Its terrible this child died. seems to me more should be done to the adults then maybe more adults would not get into allowing ANY dangerous animal or HUMAN around children. The law often makes no sense or provisionnow days. Honey bee was being trained by a dog fighting ring which is why her tail is broken and we rehabilitated her and she has been the most wonderful cowardly dog you have. I dont think the answer is banning breeds as you see they become even more popular. I think the answer is STIFF VERY STIFF punishment of anyone who mistreates ANY ANIMAL OR HUMAN!!!!!! If we do not teach cruelness it will not be passed on..........

Anonymous said...

Like you I have  been following this case and was horrified by the verdict ,as you say The Law is an ass ...love Jan xx

Anonymous said...

You should never leave a child alone with any type of dog, ive grown up with dogs and i love them to pieces.I was never left alone with our dogs as a small child, we had a chow chow who had a short temper , she did bite me when i was small but that was because i kept pulling her about, and its in a chow chows breed. You leave them alone unless they come to you. You should reasearch a breed before buy a dog. Last night at work an Alsation went for me, the owner said that he was only protecting him but if he went for me just walking past, imagine what he could do to a hyperactive small child?? I told him he should be wearing a muzzle.He said well 'hes bit my dad twice.' and chuckled.He said it so matter of factly, i was shocked.Then low and behold as im walking home there he is, unleashed, bounding through the field.Its not dogs that are the problem its the irresposible owners and it makes me sick.That gran should of got a sentance, you can bet if she didnt pay her council tax for a year she would of gone down for six months at least.This country is getting beyond a joke!!! Beckie x

Anonymous said...

No matter the laws, those people will get their just punishment in the end.  I always feel that the good Lord will take care of what we can not.  So sad, and sadder yet is that those people are not the only ones like that. Many little children suffer from acts of cruelty from those that call themselves parents. 'On Ya' - ma

Anonymous said...

First of all the child should never have been left there when that dog was on the premises. Yes they should be helt accountable for the dog doing what he did. The law should be uphelt otherwise why make the law to start with. Helen

Anonymous said...

The grandmother and the uncle, imo, should be sitting in a jail cell for the rest of their days on earth with the walls papered floor to ceiling and ceiling with the picture of that smiling 5 year old face.  

May someday the judgement they missed here be meted out.

be well,
Dawn

Anonymous said...

Hi Jeanette,

thank you for the comments

Dangerous dogs are a lethal for sure,you might as well give a child a semi loaded gun and let he/she play Russian Roulette..as let the child play with one of these pit bull type dogs...
I would add to that the amount of pitbull type dogs i see being walked on the street,ok they are on a leash but they are not muzzled !...the law is an ass yes because they say the cant tell what is a pitbull and what isnt and the law applies specifically to these dogs,thepoint i am making even if the police did know that it was a pitbull i doubt the police would have the inclination to stop the lawbreaker/s
As for the outcome this trial,well as a christian man and British citizen i should and do accept the verdict but i do not agree with it
Tony

Anonymous said...

So sad, but this little angel is with the Lord...in a much better place.
Hugs,
Sugar

Anonymous said...

Hi Jeannette, in my opinion she should have got a jail sentence.  Poor little girl to have been left in her care.  I find it unbelievable that this grandmother did not receive a lengthy prison sentence for neglect of responsibility whilst this little child was in her care.  She was irresponsible and should pay for her crime.  I fully agree with the banned dogs law and hefty prison sentences should be imposed on those who flout the law.  However, the law is indeed an ass and does not apply what is in place ... it beggers belief when you see oaps sent to prison for not paying their council tax and then at the other end of the scale. paedophiles set free to roam without being put on a location list which should be available for everyone to access, as they do in the USA.  Whatever happened to Sarah's law? ooh I could go on.  Hugs, Terry x

Anonymous said...

1. The grandmother and the uncle should be locked up and the key thrown away.
2. I feel all pitbulls should be destroyed.
3. Laws need to be changed, a higher punishment given to those who break these laws.
4. That beautiful child now gone, and alcohol drugs, killer dog and uncaring people are the blame.
May God Bless her lil soul.

((((((Hugs)))))))))
Love,
Cindy

Anonymous said...

Yes, it does make me cross too.  But I can't see why the uncle couldn't be charged with manslaughter just because he wasn't there at the time  Under the Health and Safety at Work Act the directors of a company can be held responsible and imprisoned for contraventions even though it was nothing to do with them at the time.  I know, it'll be like that Nationwide Building Society advert on TV - "It don't work like that"
Angie, x

Anonymous said...

Sad, so so sad. Sorry to hear this news. Hope your day brings with it some sunshine,
Katie

Anonymous said...

I whole heartedly agree with what you have sais , I could'nt believe my ears when listening to the news last night.

Obviously the grandmother was negligent even if the dog had not attacked her grand daughter the fact that she had been drinking and taking drugs throughout the day tell me that she was not fit to look after a child.

Not only was this beatiful child left the mercy of a prooven dangerous dog but also exposed to drugs.

While she may feel her guilt and to some that is suffcient punishment, another child is dead, when are the laws going to protect the victims.

yasmin

Anonymous said...

I wholeheartedly agree and couldn't believe my ears when I heard the jury's verdict!  There seems to be no justice in Britain today.  Eileenx

Anonymous said...

They may have got away with it in the eyes of the law, but they will have to live with their actions everyday for the rest of their lives, let hope that punishes them more than any prison sentence would have.  RIP Ellie

Anonymous said...

Hi Jeannette I agree totally with how you feel ,such a beautiful little girl ,her life cut short in such an awful way .You just cannot understand how the law works......Love Jeanxx

Anonymous said...

I feel that as a society we all too often fail to act and because of that I think we are all to blame when these things happen. What I really hope now is Ellies grandmother can turn her life around and use the reprieve she has been given to come off drugs and then to help others to do the same.

Anonymous said...

They will live every minute of every day with what they got away with and such a shame that someone so young was lost to this.
bella x

Anonymous said...

That's an awful story. They both should be jailed..endangerment of a child, leading to death. The way that Grandma is she will probably just get "stoned" more often to ease "her" pain - what that child needed was to be taken away from the likes of a family like this before the attack. I hate absolutely HATE pitbulls...there is no earthly reason to own one. I live in a state where everyone loves them...till they turn on the person. I rather have an alligator for a pet, at least with it you know to be careful.   Love Sandi

Anonymous said...

I would like to know what kind of parents would leave a child in a home that was known for drugs, dealing drugs and a dog that has been abused to the point of attacking humans??? I would punish the parents...being that they were kin, they had to have known what kind of situation they were placing that baby in...This really makes me so mad...As far as the dog...My daddy always said, " You kick a dog enough, he will eventually turn around and bite you"...My daughter has two pit bulls...One female and one male..they are very gentle and loveable...but then again she has never beaten nor abused them in anyway. The grandmother's brain had probably already been fried by the pot...the parents are the ones to blame.
love ya,
carlene

Anonymous said...

You are so right Jeanette. The law in this country is just beyond belief. Sometimes I feel like I'm on a different planet. I don't understand why the little girls mother left her in the care of that woman. I wouldn't have left an animal in her care let alone a five year old!!!!
Take care Jeanette
Love Carol and Adam xx

Anonymous said...

(((((((((((HUGSTOYOU)))))))))))))))))Oh my,so sad.

Anonymous said...

I actually feel that drugs are more the moral of the story than anything  Drugs are at the root at alot of our social problems nowadays i.e gun and knife crime


The son apparently owned the pit bull as a protection dog as he had dealings in the drug world so this was not a pet dog They had groomed it to be some sort of guard dog  I do not personally think prison is the right place for the grandmother  She is full of remorse and will live with what happened for the rest of her life

I hope the whole family sit back and think about drugs The drug dealings that encouraged them to get a dog like that in the first place and the drugs that affected her judgment that terrible night  

Anonymous said...

Both the grandmother and uncle should go directly to jail !!  This is happening all too often.  We just had a case here in my area, where a disabled lady was resting on her bed with her service dog.  She had her sliding glass door open, the screen was closed...two pit bulls that belonged to her neighbor had gotten out of their yard, came to her house, broke thru the screen and came into her bedroom and vicously attacked her and her service dog.  her other dog, a pet was killed by the attackers. The poor woman was hospitalized for days with massive injures to her face and upper torso.  The pit bulls were picked up and held in quarantine and I'm sure will eventually be put down.  But, this stuff is out of hand.  I don't mean to discriminate against this bred but more often than not...they are killers.  And I see them more & more...especially young men, walking their pit bulls with this look of defiance on their faces.  It could be that the owners are responsible, by the way they train their dogs...but I have a feeling...the dogs are just plain mean. Linda in Washington state

Anonymous said...

Both the Grandmother and the Uncle should go to jail... WITH the Mother/Father for leaving this child at the house with the dog and a drug addict...
What is wrong with the courts...  There, as well as here, in the US? Atleast in the UK, you have the "The Dangerous Dogs Act".
we do not have that!
So sad, they had the perfect case to make an example out of these horrible people! Society would have been better off with ALL of them in jail anyway!!!
As for the poor dog... no wonder he was SO agressive... getting kicked in the head will do that to you...

Big Hugs,
Kendra

Anonymous said...

She should have gone to prison. Period. Clear as a bell.
It isn't the dogs that are at fault, it's the purpose to which they are put which is at fault. But legislation is the pragmatic approach, it's happening, so a sanction must be in place to curb excesses. Like this. Which it has signally failed to do.

RIP Ellie.

Anonymous said...

This woman was morally  irresponsible and should never have had her grandchild staying with her.  Period!  Who wants someone like her to be a part of a young childs life?  What examples has she set in the past to this poor child?
Her own son was dealing in drugs and so to was she.
What value all that ill gotten money now?
No dog can be trusted around young children.  Especially a pit bull terrier.  These are banned dogs and yet they still buy them and breed them.
My own late dog was attacked by one of these dogs which was off the lead.  Mine was on his. It got him by the neck and was suffocating him.  My dogs lips and tongue were dark blue as its owner and myself struggled to get it to let go.  Two adults couldn't pry its jaws apart! No matter how we thumped and pulled at its jaw. His owner had to squeeze its 'bits' and then it let go.  That was done in desperation otherwise my dog would have been dead.
Thy are powerful animals!
She should have been gaoled.  It matters not to me whether she will suffer phsychologically.  Her selfish needs helped her grandaughter to die.  This little angel cannot come back to life.  
The granmother will get out of gaoleventually!
The Law is an Ass sometimes.  It doesn't work for those who have had an injustice done against them.  
Now compensation claims for criminals....yes sir!  How can we help you sir!  Prison bed is uncomfotable sir?  There's laws agains that sir!

Hah!

Jeanie

Anonymous said...

The laws are suppose to apply to the dogs, not the people. These people by all rights should all be jailed or hung for lack of common sense, morals, the life that was lost because of their stupidity. These dogs are not normally violent, it's the training and abuse that is afflicted on them. The little girl lost her life simply because these people where not only not responsible but should never have had a child in their presence to begin with.

They should be rotting in jail right now! (Hugs) Indigo

Anonymous said...

they should hang them both for allowing that dog to kill the little girl. so sad

Deb

Anonymous said...

yes, both should have went to jail.  A life was lost due to their carelessness. Any person who drinks and does drugs has no business around any child.  Those dogs should be kept in a fenced in area or in the house and kept a close eye on.
I would never have a dog like that around children.

Anonymous said...

they should have a whole lot of charges against them micheal vick is getting worse punishment and no one died! Its not the dog its the human a dog is never born mean or to be a killer no one knows what a dog is thinking or how its feeling and as humans we are selfish and care about self dogs are acessories to most people thats it.

Anonymous said...

I think this is such a tragedy for this little girl. . . .she was gorgeous and didnt deserve to die in this horrible way.I expected the Gran would not be jailed as you say the laws an ass.The parents should not have left Ellie with her Gran after she had been drinking and smoking drugs,she was in no fit state to be responsible.I do not like those pit bulls,they look mean and nasty and powerful .I think the blame lies with the Uncle firstly,the Gran should have been jailed too.

Anonymous said...

Oh, precious baby girl!  The grandmother should be charged with child endagerment, neglect manslaughter and be jailed for her offense.  The uncle should be charged with child endangerment and accessory to manslaughter.  The parents of the little angel should also be charged with child endangerment and be a party to manslaughter as they had full knowledge of grandmother and uncle's activities.  The dog should be shot.  Anything less than that would be considered an injustice not only to the little girl, but to all.  Blessings, Penny  http://journals.aol.com/firestormkids04/FromHeretoThere http://journals.aol.com/firestormkids04/TimeforaLittlePoetry

Anonymous said...

While I believe Pit Bulls become what they are by their owners actions, any dog that attacks a human unprovoked should be put down.  No second chances.  Any man who owned an illegal dog should have already had it taken away.  Any grandmother who's grandchild died in her care while she was under the influence of alcohol and drugs should be considered neglegent and charged accordingly.  And any parent who left a child in the care of someone who they thought would drink and do drugs while they had them isn't much of a parent.  -  Barbara

Anonymous said...

I once owned a small female pit bull.  I felt very secure when she was with me.  She was protection for me.  But owning a pit bull is like owning a gun.  You have to be very careful with it. The chances that a pit bull will go off is much like a hand gun.  It might go off when you leave it unsecured.
  And, evenually, I had to have my protective little bodyguard put to sleep.  She began to attack my other poor hapless benign dogs. She had been bred to kill, and no amount of retraining could erase that instinct.

Anonymous said...

Hello Jeanette,
Yes, this is such a sad story and a completely preventable death. I'm in shock that the laws have allowed her to walk free. And what of the dog? He should have been destroyed. I am the biggest animal lover, especially dogs but they come with a very BIG responsibility; especially this breed. I have 2 Rottweilers who I adore. But they are TRAINED and I would not allow them around children as they have not ever been around them before. I don't believe they would hurt a child, but if the child played too rough who knows. So I take no chances.
And who can smoke 10 joints and 2 bottles of wine? Good grief!! That poor little girl. Just so sad.

Take care.
Huggers,
Gayla

Anonymous said...

we are having the same type problems over here with pit bulls, but usually someone is held accountable.  this is truly sad.  the child needed to be taken away from them altogether before all this happened.

sad indeed.

regina

Anonymous said...

There is only one word for this case Jeannette 'DISGUSTING'

Makes you wonder if the law would be any different if it affected the actual people who enforce it

Jayne

Anonymous said...

I agree with you.  The grandmother should have been jailed, and the uncle should have been at the least charged and jailed for owning an illegal dog.
Lori