Dogs 'not walked for weeks before fatal attack'

A dog behavioural expert has told a court that two XL bully dogs that killed a grandmother were kept in cramped and filthy conditions likely to have increased their aggression.

The evidence came at the trial of Ashley Warren, 41, who denies three charges, including two of owning or being in charge of a dog dangerously out of control, causing injury resulting in death.

Esther Martin, 68, died at Warren's property in Jaywick, Essex, on 3 February 2024 after being left in charge of the dogs and their eight puppies while he filmed a music video in London.

Chelmsford Crown Court heard the dogs had not been walked for four weeks before the incident, and none of the animals was registered with a vet.

Animal behaviour consultant Dr Candy D'Sa told the court how Warren's property on Hillman Avenue was "a small, impoverished environment... not big enough for two adults, let alone a litter as well".

The trial heard how one of the adult dogs called Beauty weighed 39.2kg and the other adult, Bear, weighed 47kg.

Microchip scans showed that both dogs were still registered with their previous owners, and none of the eight puppies had been microchipped.

The puppies were three-and-a half months old when the incident happened and had not been socialised properly, D'Sa said.

The adult dogs were kept in a bedroom with a "filthy" mattress, and there were scratches on the doorframe indicating they had tried to get out, she added.

The jury heard the puppies were being kept in a gated area "totally unsuitable even for a small breed litter, even for a single puppy", and the concrete area outside – with no grass – was too small.

There was evidence of faeces both inside and outside the house, D'Sa said, and there was "a tremendous lack of hygiene".

The jury heard that on the day of the incident, Martin had used a broom to try to stop the puppies fighting, and the adult dogs – which were in separate room – would have been aware of the commotion.

"I believe that Beauty would have shown aggression towards someone she didn't know that well," D'Sa said.

The court was told that Bear had been standing up against a fence inside the property next to Martin. Beauty ran at the gate, pushing Bear into Esther, which resulted in her falling on to a counter, hitting her head.

"These dogs would have been incredibly frustrated by no. There were no outlets for their natural behaviours – they were confined in a very small space with very little to do," D'Sa told the court.

"I think the welfare of these dogs had a very, very significant impact on their behaviour and what happened on the day of the attack."

The trial had previously heard how police officers discharged Tasers when they went into the property, before the adult dogs were destroyed.

Asked if the dogs could have been removed from the scene alive, D'Sa said there was "no safe possibility" given the threat to human life.

"They were behaving too aggressively for any other choice to have been made," she said.

The court was told that the eight puppies were also later put down.

During cross-examination, Allan Compton KC told the court that several witnesses had observed that Bear and Beauty had never fought each other or shown aggression towards the puppies, and that Bear had been described as "very gentle".

He also said there was evidence that the dogs did have toys for stimulation and play, such as tug ropes.

The incident came two days after the government made it a criminal offence to own an XL bully in England and Wales without a certificate of exemption.

The trial previously heard how the defendant had not attempted to get a certificate for any of the 10 dogs.

Warren had also said a few days before the incident that the dogs were "too much for me".

He also denies a charge of having a bladed article without good reason or lawful authority in a public place after his arrest at Clacton-on-Sea railway station on 3 February.

Warren said the knife was a prop in the rap video he had been making that day in London.

The trial continues.

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