A case in which a pit bull attacked another dog was dismissed in Magistrates’ Court on the grounds that the evidence did not support the charge.Gina Camara, a Warwick resident, was charged with possession of a pit bull that caused injury to another dog, following an incident which left a 30-pound terrier-mongrel needing 15 stitches in her neck and chest.However, Senior Magistrate Archibald Warner threw the case out, saying it was unfair to charge the pitbull’s owner as it had been taken into the victim’s yard by a member of the public.Terrier-mongrel owner Richard Keane expressed his disappointment at the decision yesterday, saying the pit bull was not on a leash and had not been led onto his property by anyone.In court last Friday, Crown counsel Karen King said a woman was driving along Harbour Road, Warwick, on May 12, when she encountered a dog on the street.She stopped her car and followed the dog, a white and tan pit bull, into a neighbouring yard, assuming that the dog lived there, to tell the owner to secure the animal.But the owner of that residence came to the door with his dog, and the pit bull attacked his dog, grabbing it by the neck, said Ms King.He hit the pit bull several times until it let go of his dog. He then took his dog to the vet where it was treated and had to remain overnight. Meanwhile the SPCA secured the loose pit bull.On May 14 the dog’s owner, Ms Camara, was contacted and informed of the incident.After hearing the evidence on Friday, Mr Warner said that the facts did not support the charge. He explained that it did not make sense that Ms Camara was being charged “because somebody took her dog onto someone else’s property”.Mr Warner dismissed the case and told Ms Camara she was free to go.Four months ago, The Royal Gazette reported Mr Keane’s dismay over the attack on his dog Meg; he urged Environment Minister Marc Bean not to go through with plans to relax a ban on pitbulls.At that time, Ms Camara responded, saying the offending dog, Diamond, was a much-loved family pet, popular with children, which had escaped its home on the afternoon of the incident.Yesterday, Mr Keane said: “An offence under the Dog Act had been committed, to which Gina Camara had pled guilty, by allowing her dog to stray onto someone else's property. I don't understand why the magistrate chose to dismiss this fact.“The magistrate appears to be under the impression that a witness led the pit bull onto our property. To me, leading an animal would imply that there was some measure of control; in the case of a dog by having a lead attached to its collar or in the case of a horse by holding its reins and walking in front to provide guidance.“In this particular case, the pit bull was unsupervised, it was not on a lead and was roaming freely in the middle of Harbour Road.”Mr Keane noted the witness had told the court she saw Diamond run up a private estate road to see where he was going and make sure he was safe.He added: “Given these facts and circumstances, it is beyond me how anyone could conclude that the animal was led onto our property. Clearly, I am very disappointed with the magistrate's ruling.”Chief Justice Ian Kawaley declined to comment on Mr Keane’s reaction to the ruling yesterday.