A MOUNT Waverley dog owner has failed in her bid to have the Supreme Court overturn her dog's death sentence.
Justice Zammit last week rejected an appeal by Jade Applebee on legal technicalities.
Ms Applebee was seeking to overturn a decision by the Victorian Civil Administratrive Tribunal that classed her dog, Kerser, as an American pit bull terrier.
Kerser is expected to be put down by the RSPCA this week. The council last week offered Ms Applebee the chance to see the dog before it is put down. She has until noon today to decide.
Monash mayor Micaela Drieberg said the council found no joy in the decision.
"The council has a job to do under the state government's laws and we are doing that as professionally as possible.
"We are not required to provide Ms Applebee with this opportunity to see her dog, but we are making the offer out of courtesy and compassion."
Cr Drieberg reiterated that Kerser would be put down: "The dog was unregistered, it was found outside the confines of the owner's property, and it has now been identified as a pitbull by both council and VCAT.
"Under state government laws that were introduced to protect the community, we are now required to have the dog euthanased."