The family of a five-year-old boy whose ears were bitten off by a pit bull terrier has rejected a proposed plea deal from the dog owner to escape jail for the attack, reports SowetanLIVE.

Elmor Kapp, who is accused of unleashing his pit bull on Eli Stomvig in Newcastle, KZN, in December has approached the NPA with a plea deal to pay an admission of guilt fine of R6 000; R2 000 of which should be suspended for three years.

Kapp is alleged to have deliberately set the dog on a group of children, including Eli, who were having a family picnic near his home.

He allegedly accused the children of wasting water while playing in the park before his dog attacked them.

Nearly eight months since the incident and after court postponements, the NPA has now approached the boy's family with Kapp's plea bargain deal.

In January, police charged Kapp for keeping a ferocious dog and contravening the municipal bylaws. He, however, wants to plead to a lesser charge of contravening the Animal Matters Amendment Act.

The boy's mother, Tessa, told SowetanLIVE the deal would be a miscarriage of justice because of the injuries her son sustained during the attack.

The dog bit her son on the neck, 2mm from the carotid artery. Both his ears were bitten off during the attack and part of his scalp was ripped off. One of his ears had to be reattached during a five-hour operation.

In his proposed plea submitted to the NPA last week, Kapp denied setting his dog on the children. He said he took the pit bull for a walk in the park and that it was wearing a collar and was on a leash.

'As I was walking Layla (the dog), she started pulling on her leash and pulling backwards. Her head slipped out of the collar and she started running in the direction of the park,' he said in his statement.

NPA KZN spokesperson Natasha Kara said plea negotiations were still under way.

'The matter has been postponed to provide the state an opportunity to consult with the victim's family on the proposed plea,' Kara said.

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