Illness can’t save man from conviction for animal neglect

A man who claimed his requirement for heart surgery was the reason behind his being charged with the neglect of a number of horses, was still fined €1,100 in the District Court this week (September 26 ).

Before the court was Kevin Molloy (59 ) of Kilcogan, Ferbane, Co Offaly, who had initially indicated he was pleading not guilty on account of his requiring valve replacement surgery, but later changed this, and pleaded guilty to three sample charges.

“Perhaps that valve would be cleared if he got a jolt from me,” suggested Judge Seamus Hughes to defending solicitor, Mr Mark Cooney.

Garda Thomas Fitzmaurice told how he had “become aware of some horses neglected on the lands of Kevin Molloy” on March 26, 2011, and noted “no improvement” on a return visit on April 13.

“I formed the opinion that Mr Molloy could not, or would not care for his horses and thus we seized them,” said Garda Fitzmaurice, who explained that 11 out of 17 horses were removed to a pound in Tullamore.

Reading from a report on the animals submitted by ISPCA inspector Brendan Hughes, the judge noted that two of the animals were “severely emaciated, and had an erratic gait caused by ill-thrift” and that “four others show signs of malnutrition”.

Along with evidence of lice and other parasitic infestations, the horses were “subject to a great amount of pain and suffering”.

Garda Fitzmaurice did say that he had checked in the last week, and that “the horses were in an adequate condition, but needed some husbandry [grooming and brushing]”.

“What do you do with all these horses? They’re not for the RDS, they’re not for point-to-point. To keep the thistles down?” asked Judge Hughes.

“There used to be money in them, but not now. I can’t sell them,” said Molloy.

Judge Hughes noted the defendant’s “evasiveness” when discussing by whom, and how the horses were supposed to be cared for, and pointed out that the last time Molloy was in court, it wasn’t a heart condition but “a very bad bug in my stomach” he had submitted as a reason.

“To be honest, Mr Cooney, I’m more concerned with the welfare of the horses than your client. If he had looked after them he may have been able to sell them. These photos are horrific,” said the judge, before complimenting Garda Fitzmaurice on his conscientiousness.

He fined Molloy €400 for failing to properly dispose of a carcass, and a further €700 for the ill-treatment of the surviving animals.

“You’re getting off very light,” warned the judge.

 

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