Galway man goes to court over council's seizure and slaughter of thoroughbred horse

The owner of a thoroughbred horse has sued Galway County Council over what he claims was the wrongful seizure and subsequent slaughter of the animal by the local authority.

The action has been taken by Mr Edward McDonagh, of Bothar an Coiste, Headford Road, Galway, in respect of a stallion he owned called 'Chief of Colours' which was seized by the local authority in February 2018

In judicial review proceedings, Mr McDonagh seeks various orders and declarations against Galway Co. Council.

These include the council acted outside of its powers when it refused his request to release the horse and when it euthanised the horse as a manner of enforcing a debt on which there was a genuine dispute.

He also seeks declarations that the council's policy of detaining and disposing of horses where fees have not bee paid. He has further claimed the alleged failure to provide him with information legitimately requested, and its failure to engage with him, did not respect his constitutional rights to fair procedure.

He further seeks damages for the wrongful and unlawful slaughtering of his horse.

The claims are denied.

Opening the case at the High Court today, Micheal O'Higgins SC told the court his client's horse was seized by the council in February 2018.

Counsel said it is Mr McDonagh's case that the horse was properly and adequately fenced in a field outside Galway City for three years prior to its seizure.

Initially, the Council denied taking the horse, but later admitted it had done so.

Counsel said Mr McDonagh had the horse microchipped, and had through his solicitor sought the reasons behind the seizure, as well as the return of his horse.

The council said in reply that the horse had been seized due to several breaches of the Control of Horses Act and that a horse passport issued by the Ireland & GB Standardbred Trotting Horse Association was not acceptable identification.

There was further correspondence between the parties, counsel said.

On April 13, 2018, Mr McDonagh was informed by the council that if he did not pay fees for keeping the horse of €3,100 it would have the horse put down.

Counsel said while Mr McDonagh's solicitor asked the council not to kill the horse on April 16, he was advised by a council representative that the horse had been destroyed.

Counsel said that in this case, where it is claimed his client was denied fair procedures, there was no evidence to the court concerning the local authorities assessment of Mr McDonagh's evidence of the ownership of the horse.

His client had produced several pages of documents concerning the horse's ownership to the local authority shortly before the horse was euthanised, counsel added.

Counsel said that his client also rejects any claim that the horse was not in good health when it was seized.

The claims are denied, and the council says its decision to detain, withhold and dispose of the horse was valid and done in accordance with law, in particular, the bylaws enacted under the 1996 Control of Horses Act.

The council, represented by Stephen Dodd Bl, claimed that despite being given plenty of opportunities to do Mr McDonagh had failed to produce valid information that would have identified him as the owner of the horse.

Mr McDonagh did not hold a valid passport for the horse, it is claimed. The council also denied that the horse was wrongly and disproportionately withheld because the fees were not paid.

The council had made several requests to pay the fees due but Mr McDonagh had failed to do so. The horse the council said was seized after it was found wandering on a public road, and was causing a hazard to motorists.

It was not taken from private property, the council said.

Following the conclusion of submissions from both parties, Mr Justice Garrett Simons reserved his decision.

The Judge he would give judgement in the matter after Easter.