A 48-year-old Cork man admitted coming into the balcony of an residence and stealing a canine valued at €1,000 however when questioned later by gardaí he mentioned he was motivated by concern for the welfare of the animal.
Michael Roe, of 14A Commons Road, Blackpool, appeared at Cork District Court on Monday.
He is charged by Garda Keith Shier with coming into a property at Orchard Court, Blackpool, Cork, as a trespasser on March 14, 2023.
Sergeant Pat Lyons mentioned: “A man entered a private residence by means of an unlocked door. He removed a dog from a balcony and removed the dog from the premises.
“The owner challenged this man as he was attempting to leave the area and managed to get his dog back safe and sound.
“On arrival, gardaí were shown where the man had gone. He had gone to the home of an acquaintance in the area — where he had permission to be.
“The suspect was arrested. He had welfare concerns for the dog.”
Defence solicitor Shane Collins-Daly said: “This is a rather unusual case. It is very serious, he knows that. He is a 48-year-old man. He had significant animal welfare concerns. He gave an explanation of why he did what he did.
“The day before he did contact the Irish Society for the Prevention of Cruelty to Animals and the Dog Action Welfare Group citing his concerns.
“Essentially there were concerns he had about what he felt was cruelty. One of the people he spoke to asked if he had confronted the owner.
“He called in to confront the owner. There was no answer. The door was unlocked. He could see the dog out on the balcony. He decided to grab the pup and run with him. But he was confronted by the homeowner.
“The prosecuting guard was somewhat sympathetic to Mr Roe’s concerns which were subjective but genuine. It was a spur-of-the-moment decision to go into the house in the hope of getting the dog help. He agreed with the guards that it was not the best course of action but he did it out of concern.
“He has two dogs of his own and he cares for them and would consider himself a dog lover. He accepts entirely he should not have done what he did.”
Judge Mary Dorgan mentioned: “It is very concerning to enter the apartment and take the dog. I accept he was fully cooperative and that he had genuine concerns. It is quite unusual.”
Judge Dorgan directed a probation report to deal with “some type of restorative justice”.
Sentencing was put again till April 8 for that function.
