Alsatian-type dog should have been muzzled in public, Cork Court rules

A German shepherd/Belgian malinois crossbreed dog that injured a smaller dog at a St Patrick’s Day parade is a restricted breed and should have been muzzled, the district court has ruled.

The prosecution for having a restricted breed unmuzzled in a public place was contested by the dog’s owner, Tadgh Kelleher, aged 77, of Áras Glanlea, Sliabh Riach, Macroom.

Inspector Anthony Harrington, prosecuting, told Macroom District Court that the animal was a large dog of an Alsatian type, and should have been muzzled at the time of the incident.

Witness Sharon Kelleher said she was attending the St Patrick’s Day parade at Castle St Macroom, at about 4pm on March 17, 2025. She had her small Jack Russell/shih tzu crossbreed with her, and noticed a man with a large German shepherd that was not muzzled standing nearby.

Ms Kelleher said she told the man — identified as Mr Kelleher — that the dog should have been muzzled in public, to which he replied: “Some people should be muzzled.”

Ms Kelleher said the large dog then attacked her dog and “had my dog in its mouth”, at which point she screamed.

When the dog let go, Ms Kelleher called gardaí. She took her dog to a vet for emergency treatment, where they confirmed the dog had sustained puncture wounds and bruising. The dog’s treatment cost her €146.94 from two visits. Mr Kelleher reimbursed her for one visit, but €42 was still outstanding.

Choker chain

Defending himself, Mr Kelleher said his dog was a Belgian malinois and not a German shepherd. He said he had the dog on a choker chain at the time and was able to control the animal, but conceded it was not muzzled.

He said the small dog had barked aggressively at his dog, which caused the incident. Mr Kelleher said he believed he had reimbursed Ms Kelleher for all of her veterinary bills at the same time, but said he could have been mistaken.

Dog warden Timothy O’Sullivan said he went to Mr Kelleher’s residence in May 2025, where he found the dog loose on the property and unmuzzled. He said the dog had not been licensed, but was not aggressive and “seemed fine” in the company of its owner.

Mr O’Sullivan said he had 40 years’ experience as a dog warden and, in his opinion, the dog was a German shepherd which may have been crossed with a Belgian malinois.

Mr O’Sullivan said the restricted breed legislation applied to named breeds as well as “any cross or type of these listed breeds”, which would include Mr Kelleher’s dog.

Mr Kelleher confirmed that he had since had the dog chipped and licensed, and had installed secure gates.

Judge Joanne Carroll said it was “a most unfortunate situation”, but she was satisfied the dog did come under the restricted breeds legislation and should have been muzzled. She noted it did not have a licence at the time, and advised Mr Kelleher that it should never again be in a public place without a lead and muzzle.

She convicted and fined him €450, allowing four months to pay, and instructed him to pay the remaining €42 in veterinary bills.

• Funded by the Courts Reporting Scheme.