The City of Ballarat has had its request to "destroy" a pet denied by a magistrate because the owner was not present in court.
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"It's a matter of common knowledge that people become very attached to their animals," Magistrate Mark Stratmann said.
"I would want to give him the opportunity for a magistrate to hear him ... and deal with the matter in a respectful way.
"The destruction of a dog can cause trauma."
Prosecutor for the City, Ashleigh Fry, said the "attacking dog" had been in the pound for 37 days and was "incredibly unpredictable".
The summary detailing the alleged offending was not read aloud in court.
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The court heard the dog's 58-year-old owner Shanye Timothy Glenane was removed from the Ballarat Magistrates' Court foyer earlier on Thursday for "unacceptable" behaviour and "exposing people to risk".
"[Glenane] conveyed to me last night he was okay for the dog to be destroyed," Ms Fry said.
But Magistrate Mark Stratmann was clear: "I won't do that."
"I was made aware a gentleman was removed from the court building today. The charges are quite serious so they carry the prospect of penalty for him and he's not here," he said.
"I appreciate there are management issues by the shire.
"In short ... the answer is no."
The matter will return to court on April 13.
The dog will remain in the care of the City of Ballarat until this date.
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