Judge replaces five-year dog ban with lifetime ban after Cork court hears animal had broken leg for days

A dog howling in pain prompted an ISPCA inspector to investigate and it turned out that the black Labrador-type dog had a broken front leg which had been fractured for several days without any veterinary attention.

78-year-old Pat Fouhy of Ballydawshe Stud, Ballynella, appeared at Cork Circuit Appeals Court where he appealed the severity of a €1,500 fine for causing unnecessary suffering for the mixed breed dog, contrary to the Animal Health and Welfare Act 2013, by failing to bring the dog to the vet. 

It was agreed between the prosecution and defence that the five-year ban from keeping any dog could remain in place.

But while the fine was reduced, Judge Sinéad Behan said the five-year disqualification from having a dog was not long enough. She replaced it with a lifetime ban.

In respect of the €1,500 fine, the judge reduced it to €350 following submissions from the appellant’s barrister Mahon Corkery on the 78-year-old’s poor circumstances and ill-health.

Prosecution barrister Paula McCarthy said that ISPCA inspector Caroline Faherty attended at the property on April 13 2023 in relation to another matter. 

On leaving the property she heard the dog crying out in pain and saw that he was limping badly and his right front leg was badly swollen. 

She brought him to the vet who x-rayed and examined the wound and estimated that it was several days since the fracture had occurred. It was necessary to amputate the leg but the dog is doing fine now, Ms McCarthy said.

Mahon Corkery stressed that there was no suggestion that Mr Fuohy had anything to do with the injury and that his offence was in failing to report the matter to a vet. The prosecution agreed.

While this was the only charge before the court, the facts that were outlined included reference to Pat Fuohy impeding a subsequent inspection by Ms Faherty the following October. 

“He was obstructive and aggressive and began to video [Ms Faherty and gardaí].” 

When Judge Behan said that five years disqualification from keeping a dog was not enough, and imposed the lifetime ban instead, she commented, “This was a dog in severe pain for a number of days. That has to be marked.”