A former Police sergeant was fined $1,000 yesterday and ordered to keep his Pit Bull dog under control after Magistrates' Court heard how it had broken lose and killed a neighbouring dog.

Michael Phillips, 54, pleaded guilty to being the carer and owner of the animal when it attacked the neighbour's Yorkshire Terrier, breaking its neck.

Prosecutor Wayne Caines told the court that on June 21 this year, between 12.30 p.m. and 1.45 p.m., the dog managed to break from its usual leash and went into a neighbouring garden.

The daughter of the neighbour said she saw the Pit Bull creeping up the steps to her home.

She tried to grab hold of the dog, but she lost her grip, and the Pit Bull went running into the house.

Mr. Caines said: "It came back out of the house with the Yorkshire Terrier in its mouth. She was unable to free the dog. She heard a crunching sound and the Yorkshire Terrier went limp."

Mr. Caines said the daughter managed to tie the Pit Bull to a tree and call Police.

He said the maximum fine for the offence was $1,000, but said the court could, if it wished, order that the Pit Bull be destroyed.

However, he said a temporary emergency order had been put in place in June to demand that Mr. Phillips keep his dog under control, pending the outcome of the hearing.

Yesterday, Mr. Caines asked that the order be made permanent if Mr. Phillips, of Bobs Valley Lane, Somerset, was allowed to keep his pet.

Acting Senior Magistrate William Francis fined the former Police officer $1,000 and put the permanent order in place.

However, Mr. Phillips then addressed the court to say he felt the fine was over the top. And he said he had not been home at the time of the attack.

He said: "I find $1,000 excessive, considering I have compensated the lady for her damage."

But Mr. Francis left the defendant in no uncertain terms as to what he thought.

The magistrate said: "Supposing it had been somebody's creeping child, instead of a dog?

"If you don't know, it sounds like you should not have that dog at all. Maybe I should have it destroyed, so maybe you should not say anything else to me."

Phillips then quickly left the court.