Diesel the dog is still languishing in a cell.
The notorious pooch won a stay of execution last month, but Justice Geoff Barrow must decide who adopts out the animal - the regional district or Diesel's former owner, Dave Smith. The hearing was supposed to take place Feb. 22 but is now set for March 22.
A dog-control officer seized Diesel from Smith's Peachland home on March 11, 2011. Smith is upset the German shepherd-rottweiler cross, now age seven, must continue waiting at the dog pound before it can move to a proper home.
"It's just one more outrageous punishment that Diesel and my family and I are suffering," he said Wednesday.
The judge upheld a lower court's decision to declare Diesel dangerous, but ruled the dog shouldn't be destroyed and can be adopted out.
Barrow, a B.C. Supreme Court judge, said Smith is "both unreliable and profoundly irresponsible" in the dog's care and control. He set aside the death sentence ordered by a provincial court judge on condition that the two sides work out who decides where Diesel will go.
Neighbours on and near Witt Place in Peachland have complained about Diesel since 2006. They said the dog chases cats up trees, fights with other dogs and jumps up on people.