A 78-year-old man from County Cork has been banned for life from keeping dogs after a court found he failed to obtain veterinary treatment for his dog’s broken leg, leaving the animal in severe pain for several days.
Pat Fouhy, of Ballydawshe Stud, Ballynella, appeared at Cork Circuit Appeals Court where he appealed the severity of an original €1,500 fine imposed for causing unnecessary suffering to a mixed-breed black Labrador-type dog, contrary to the Animal Health and Welfare Act 2013.
It was agreed between the prosecution and defence that the existing five-year disqualification from keeping any dog would remain in place. However, Judge Sinéad Behan ruled that the five-year ban was insufficient. She replaced it with a lifetime disqualification order.
In respect of the fine, the judge reduced the original €1,500 penalty to €350 after hearing submissions from the appellant’s barrister, Mahon Corkery, concerning Mr Fouhy’s poor financial circumstances and ill-health.
Prosecution barrister Paula McCarthy outlined that ISPCA inspector Caroline Faherty attended the property on April 13, 2023, in relation to another matter. As she was leaving, she heard the dog crying out in pain and observed that it was limping badly with a severely swollen right front leg.
The inspector brought the dog to a veterinarian, who X-rayed and examined the injury, determining that the fracture had occurred several days earlier. Amputation of the leg was required, but the dog has since recovered well, Ms McCarthy said.
While there was no suggestion that Mr Fouhy caused the injury itself, the offence related to his failure to seek veterinary attention.
Mahon Corkery stressed that there was no allegation Mr Fouhy had inflicted the injury and that the charge concerned only the delay in reporting the matter to a vet. The prosecution accepted this position.
Although this was the only charge before the court, the facts presented included reference to a follow-up inspection by Ms Faherty in October, during which Mr Fouhy was described as obstructive and aggressive, and began to video the inspector and gardaí.
When Judge Behan imposed the lifetime ban she commented: “This was a dog in severe pain for a number of days. That has to be marked.”
In Other News, UK Dog Owners Face Unlimited Fines and Pet Seizure as Major New Livestock Law Takes Effect
Leave a Reply