The charge against a man whose 54kg dog killed a neighbour’s Pomeranian was struck out in the District Court this week (October 20 ) after a judge ruled €300 compensation would be enough to replace the dead dog.
Inspector Nicholas Farrell told how the injured party had been walking her 3.5kg pet in a green area of McCormack Park on the Ballymahon Road at lunchtime on March 3, when an American Akita owned by Pat Murtagh (63 ), of 7 McCormack Park but being walked by his son Trevor (23 ) arrived at the same area.
“...and had it for lunch?” enquired Judge Patrick Clyne.
“Yes, judge. The Pomeranian died,” said the inspector.
“It was called home. Went to its reward. Advanced to glory,” said the judge. “What about the owner of the Pom?”
The inspector assured the court the owner of the toy dog was uninjured but very distressed.
“People are more devoted to their dogs these days than they are to the court, Mr Cooney,” said the judge to Mark Cooney, defending solicitor.
“The Akita was off its lead and saw the Pom doing its business,” said Mr Cooney.
“Didn’t need to hear that, Mr Cooney. Just say he was walking in the park,” said the judge. “How much does the owner want for his Pom?”
Mr Cooney explained how his client had €200 in compensation with him in court, but Judge Clyne was not satisfied.
“Oh no, Mr Cooney. I was thinking more of €300 for a new one. €200 would only get you a second-hand dog,” he said.
This was agreed upon and handed over, but before the case was struck out Inspector Farrell asked the judge instruct the defendant not to walk his dog in public off the lead in future.
“Indeed Inspector. If I didn’t, I’d imagine if the injured party got a new Pomeranian they’d be twice as worried ,” concluded the judge.
