A MAN who was before Athy District Court last Tuesday week on three counts of cruelty to animals was banned from owning dogs for seven years and fined E3,000.
Edward Carthy with an address listed as Ardrew Halting Site, Athy was charged on March 14, 2012 with animal cruelty after an inspection of a wheelie bin in which three dogs were found inside ‘in a terrorised state’. He pleaded not guilty to the offence.
The court heard that three dogs were inside the bin lying on ‘broken glass and household rubbish’. The dogs were described in court as being dehydrated, underweight and ‘covered in faeces and fleas’. They were taken from the scene and later re-housed.
Judge Desmond Zaidan was given photographic evidence showing the state of the dogs when they were found.
The court heard that gardai went to the Ardrew Halting Site after numerous complaints had been made about aggressive dogs in the area. When gardai entered the site with the dog warden for Kildare looking for a dog that had reportedly attacked a woman and a child, nobody claimed ownership of any of the dogs. Gardai then went to the wheelie bin of Bay 2 owned by the defendant. The bin had what appeared to be a microwave on top and when opened there were three terror dogs slumped inside in a terrorised state and covered in rubbish, household waste, broken bottles, faeces, fleas and the dogs had the mange. When the warden seized the dogs and put them in the van to take them to the Kildare Animal Foundation the defendant tried unsuccessfully to force open the back of the van.
Two witnesses were called to the stand including the dog warden for Kildare and an employee for the Kildare Animal Foundation who both described the state the dogs were in when they were found.
The defendant, who has 14 previous convictions told the court that he didn’t own the dogs.
“Anyone one could have done it,” he said. “I didn’t do it. There are three other families living there, my three sons.”
The solicitor for the defence Frank Taffe argued that the garda warrant was not effective due to an issue with the address and the amount of dogs seized but Judge Zaidan said he was satisfied that it was.
Judge Desmond Zaidan described the offence as ‘appalling’.
“This bin was being used as a dog house,” he said. “It’s pathetic.” The defendant was also ordered to pay witness costs at E300 each.