A Claddagh man was sentenced to one month in jail at Galway District Court this week after a pit bull terrier he had been walking savagely attacked another dog, causing “horrific” injuries.
Jason Shaughnessy with an address at 5 Claddagh Place was summoned to appear before Judge Mary Fahy last Monday where he pleaded guilty to being a person in charge of dog and permitting it to be in the Claddagh area while unaccompanied and while not under effectual control, contrary to Section 9 and 27 of the Control of Dogs Act 1986.
A co-accused, who strenuously denied being the owner of the pit bull terrier, was also summoned to court. Leonard Farrelly (46 ) with an address at 32 Tulach Ard, Rahoon, pleaded not guilty to permitting the dog to be in a public place while unaccompanied and while not under effectual control and to keeping the dog while not being the holder of a licence.
Garda Gavin Brown gave evidence that on June 22, 2008, at 7.45pm he received a call to go to the Claddagh area where there were reports of a “pit bull attack”. A man had been out walking his Labrador when he observed a pit bull terrier with “no muzzle” and “running loose”. Garda Brown said that the Labrador was attacked and sustained “extensive” injuries, resulting in vet bills of €560. Garda Brown said that he went to a nearby house where Shaughnessy admitted that he did not own the dog but that he had taken it out for a walk. Leonard Farrelly, who was also at the premises at the time, told Garda Brown during questioning that he owned the dog and that he had given permission to Shaughnessy to take it for a walk. When he was asked to produce a licence he failed to do so. The court then heard that in his statement Garda Brown referred to blood being present on the pit bull’s muzzle as a result of the attack.
Defence solicitor for both defendants, Valerie Corcoran, said that there had been no reference to who the owner was in Garda Brown’s statement. She added that when questioned Shaughnessy did not know who the owner was and that there had been a third person in the house who had not been questioned.
Ms Corcoran said that when Shaughnessy was taking his own dog for a walk, he felt sorry for the pit bull and decided to take him along also. She added that he was about to put the leashes on the two dogs when the Labrador appeared. Shaughnessy tried to alert the other walker by shouting but it had been too late.
When Farrelly took the stand he gave evidence under oath that he had been at the residence at the time when Garda Brown came. He denied owning the dog, stating that he had “never had a dog in 10 years”. However, he later admitted that he may have misled Garda Brown when he said to him: “That is my mutt”.
“You told him you owned it,” said Inspector Mick Coppinger.
“I never owned a dog. The dog was in the establishment when I was back there drinking. It wasn’t my dog or Jason Shaughnessy’s,” he said.
“You’re telling blatant lies to this court,” said the inspector, who then told the court that the defendant had 13 previous convictions.
After viewing photographic evidence, Judge Fahy said that it had been a “miracle” that the Labrador had survived as the injuries sustained were “horrific”. Garda Brown told the court that the pit bull had since been put down.
Shaughnessy, who had 32 previous convictions, was sentenced to one month in jail. Farrelly was sentenced to three months in jail, suspended for six months on condition that he pay €560 to Garda Brown within 30 days and be of good behaviour. He was also fined €300 with three months to pay.
Ms Corcoran then asked Judge Fahy to consider suspending Shaughnessy’s sentence. However, Judge Fahy refused on the grounds that he had pleaded guilty and that “these people are serious criminals”. Recognisance was fixed at €800 with independent surety of €800.
