One of the three dogs being removed from Stephen Gittens' home last weekend.

STEPHEN SYLVESTER GITTENS will not be getting back his dogs.

Bridgetown Divisional Commander Senior Superintendent Morgan Greaves made it clear yesterday in the No. 2 Criminal Court that the three dogs, one a pitbull, would remain in the custody of the Animal Control Unit.

Wheelchair-bound Gittens, a 44-year-old landlord, of Jordan's Lane, the City, appeared in the District "A" Magistrates' Court last Friday to answer charges of assault and malicious wounding and for having a dog in a public place without a leash last month.

He pleaded not guilty to assaulting 14-year-old Keenan Chandler, occasioning him actual bodily harm and for unlawfully wounding his brother Kelmar Chandler.

Defence attorney Tariq Khan renewed his argument for the release of the dogs and added that he did not agree with the police's objection to the release.

He further urged the magistrate to order the Animal Control Unit to release them into Gittens' care.

Magistrate Pamela Beckles turned down the lawyer's request and told him to write to the Commissioner of Police. Khan said he had written letters but had not received a response.

The magistrate then said she had serious concerns about the nature of the charges before the court, as Gittens could not prevent the dogs from attacking people.

"It is not my job to order the Animal Control Unit to release the dogs . . . . All I can do is to ensure that you have as speedy a trial as possible.

"I am not making any order until I hear the evidence. While I sympathise with your psychological condition, I have no jurisdiction to release the dogs," she said.

Prosecutor Acting Inspector Christopher Lashley said normally once an exhibit was photographed, it was returned to the complainant with the understanding that it must be kept safely for future court hearings.

But, he said Gittens was the accused and therefore the exhibit [dogs] could not be returned to him.

The matter was adjourned until September 13 and Gittens remains on $3 500 bail. (JW)