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Elon’s parents, Abigail Ellis, 28, and Steven Joynes, 36, of Welfare Road, Woodlands, Doncaster, were charged following the incident.
Joynes pleaded guilty at Sheffield Crown Court in December to the charge of owning a dog that caused death when he was dangerously out of control.
Ellis denied the same charge and was due to go to trial in July, but prosecutors on Monday said they will seek a not guilty verdict in her case when Joynes is sentenced later this month.
In an inquest into Elon’s death, held in 2020, the court heard that he was still alive when his heartbroken mother frantically called an ambulance.
Ellis had been in the bathroom and his partner Stephen was outside with another child and ran in.
She told the 999 caller that her son was breathing, but that he was “very bad” and “his leg or stomach was bleeding.”
Tragically, Elon was rushed to the hospital but was pronounced dead a short time later.
The dog has since been destroyed.
Prosecutor Richard Thyne said: “Mr Joynes’s statement amounts to clear evidence that he was the owner and in control and it was his faults that made the dog dangerous.”
Thyne said this meant there was no longer a reasonable prospect of conviction if Ellis’s prosecution continued.
The judge, Justice Lambert, released both defendants on bail to return to Sheffield Crown Court on March 31, when Joynes will be sentenced.