A Mountjoy prisoner has didn’t safe the discharge of his Belgian shepherd who was detained in a kennel after allegedly biting a garda.
The Court of Appeal dominated that Kevin O’Keeffe’s canine shouldn’t be launched to the care of his cousin pending the rehearing of a garda’s District Court utility in search of her destruction.
O’Keeffe was arrested at his home on January seventeenth, 2023, on foot of a bench warrant when, it’s alleged, the canine attacked and bit one of many gardaí current. The canine, often known as Cleo, was seized and placed in professionally operated kennels.
Meanwhile, O’Keeffe, of Oliver Bond Flats in Dublin 2, was in January 2023 sentenced at Dublin Circuit Criminal Court to 2 and a half years imprisonment for damaging property opposite to part 2(1) of the Criminal Damage Act of 1991, with different expenses taken under consideration.
A Garda member made a grievance to the District Court, underneath the Control of Dogs Act of 1986, alleging the canine is harmful and never stored underneath correct management.
The District Court decide refused a request from O’Keeffe’s solicitor in search of an adjournment of the listening to, so O’Keeffe may attend. Instead, the courtroom granted an order for the canine’s destruction in two days.
O’Keeffe introduced an pressing High Court utility in search of to overturn the District Court’s order.
The Commissioner stated he wouldn’t oppose the District Court’s order being quashed, so the matter could possibly be determined afresh by that courtroom.
The High Court’s Ms Justice Niamh Hyland proposed that the canine ought to stay in detention pending the brand new resolution. O’Keeffe refused to just accept this, arguing the High Court had no authority to direct the animal’s detention the place no correct order from the District Court exists.
Mr Justice Garrett Simons refused to launch the canine into the case of O’Keeffe’s cousin, as a substitute directing she ought to stay within the kennels whereas awaiting the District Court listening to.
The decide stated the flaw within the case was that the canine’s seizure and detention was by no means challenged. Rather, the judicial assessment was directed completely to the equity of the District Court listening to.
Dismissal
In a judgment printed on Friday, Mr Justice Seamus Noonan dismissed O’Keeffe’s enchantment towards this resolution.
The decide stated O’Keeffe’s method appears “somewhat difficult to rationalise” given he himself has been incarcerated all through this time.
The High Court was “entirely correct” to impose the detention situation, Mr Justice Noonan stated.
There is “at the very least significant prima facie evidence that this do is extremely dangerous and could represent a threat to public safety if released from its current confinement”, he added.
The Commissioner of An Garda Síochána’s legal professionals submitted to the High Court a veterinary report final June which discovered the canine was extraordinarily aggressive, lunging on the kennel gate and stripping her tooth with intent to hurt. Her behaviour steadily disimproved and he or she was difficult kennel employees, it stated.
The vet concluded she is a harmful canine for whom extended confinement wouldn’t go well with. He really helpful euthanasia.
The kennel reported the canine tried to attack and chew all of its carers day by day.
Mr Justice Noonan’s ruling was supported by his colleagues Ms Justice Caroline Costello and Ms Justice Nuala Butler.
