Max the stray has been on ‘death row’ at kennels, due to the relatively new Breed Specific Legislation (BSL).
Under the UK law, a Pit Bull is a banned dog, which could result in the animal being put down.
Two Lisburn and Castlereagh City Council (LCCC) wardens and an expert assessor from Merseyside Met Police previously identified him as a Pit Bull type breed.
However, a fourth assessor, whose appointment was agreed between the local authority and the USPCA, concluded overall that Max is not a Pit Bull Terrier Type.
An activism group that has been campaigning for Max to be saved from being put down, revealed that the court case is now scheduled for May, but a date still needs to be confirmed.
The case is understood to be handled in two parts, which include campaigners’ application to challenge the council’s determination of Max’s breed type.
“The council currently claim Max is a Pit Bull Type dog,” a social media page for the ‘Mercy for Max’ group stated.
“However, Max’s prospective owner is challenging this outcome. We understand the council will contest our standing, maintaining that Max’s owner does not have the right to challenge their determination.”
The second part of the court case will relate to the council’s application, which is seeking the court’s acceptance that Max is a Pit Bull Type dog, and – based on their own conclusion that he presents no risk to public safety – they are asking for him to be allowed to live under the Exemption Scheme.
A Mercy for Max spokesperson added: “While exemption is, on the surface, a positive step, we’ve always said this should be our last resort. It should only be considered after a full and transparent examination of all the evidence, carried out properly through the courts.
“In both scenarios, Max’s new owner will play a central role — whether Max is ultimately classified as a Non-Type dog or a dog of Pit Bull Type.
“Ultimately, the preliminary hearing on Max’s breed type will shape our next steps.”
Over 13,600 people have now signed an online petition ‘Mercy for Max’ to save the dog with almost 300 people turning out in a public protest at the council HQ at Lagan Valley Island in January.
More than £10,500 has also been raised on a GoFundMe page ‘Save Max from Euthanasia’, as campaigners began to raise money for any legal costs in the fight to save Max.
The council has said that “because Max has been assessed as a Pit Bull Terrier Type, it would be illegal for the Council to place him in a foster home”.
Due to public interest, LCCC has a website page dedicated to Max’s case.
On the page, the council states: “The Council is actively pursuing a resolution through the courts, aiming to secure a positive outcome for Max while complying with legal requirements.
“As with any legal process, it is difficult to determine a definitive timeline. The timeframe is dependent on court proceedings, which are beyond the Council’s control. A recent adjournment of the case was made by the court and was not due to any action or request from the Council.
“All parties are committed to ensuring that the court process is followed appropriately, with the aim of securing a resolution that prioritises Max’s welfare.”