Four-month sentence for animal welfare offences upheld on appeal
A number of the dogs were emaciated and had pressure sores
JUDGE Cormac Quinn affirmed last week in Carlow Circuit Court of Appeals a sentence imposed on Nigel O’Hara of Fourteen Acres, Kilcarrig, Bagenalstown when he was convicted of animal cruelty in February 2024.
Mr O’Hara (47) appealed the severity of the sentence imposed by Judge Geraldine Carthy, which included a four-month prison term, a lifetime disqualification from keeping dogs and a €2,000 fine. In addition, it was ordered that Mr O’Hara pays €3,791.78 in ISPCA costs and €3,690 in ministerial prosecutions costs.
The court heard from ISPCA senior inspector Fiona Conlon, who gave evidence of conducting two inspections of Mr O’Hara’s premises in June and July 2021, during which 19 dogs were removed.
Ms Conlon described calling on 21 June 2021 along with ISPCA senior inspector Alice Lacey and finding 24 dogs – including greyhounds, Jack Russell terriers, a rottweiler and a beagle cross – some of which were living in poor conditions. One greyhound was shut in a dog trailer, a Jack Russell was confined in a small wooden dog kennel and other dogs were in dirty sheds with poor ventilation and little natural light.
Some of the dogs did not have access to water.
In addition to the environmental concerns, several physical welfare issues affecting some of the dogs were identified. A number of the dogs were emaciated and others had pressure sores, dental problems and overgrown nails.
Ms Conlon told the court that the 12 most affected dogs were initially seized. She met Mr O’Hara two days later, at which time he surrendered the seized dogs and gave commitments to rehome any remaining dogs until he could commit the necessary time to their care.
However, when she returned on 8 July 2021, she found more dogs in dirty kennels and dark, unventilated sheds, some without access to water. A further seven dogs were initially seized and subsequently surrendered.
Judge Quinn thanked Ms Conlon and her ISPCA colleagues for their hard work. He said that it goes without saying that animals are dependent on people and, if they are not looked after, then cruelty is brought upon them, adding: “He’s in custody now.”
“Dogs are reliant on us for survival, wellbeing and for their emotional requirements. In this case, their most basic needs were not being met,” said Ms Conlon. “There are consequences for those that commit animal welfare offences but, in this case, had the defendant delivered on the commitments that he gave after my first visit, the consequences may not have been so severe.”
