Destroying pet dog ‘would cause family consternation’

A man could still face a month in jail or the prospect of his dog being put down after it bit an 81-year-old man in the leg.

Piotr Prochniak, of Mounteen, Ballinascarty, West Cork, had been handed the penalty at an earlier district court sitting, but appealed it after it caused “consternation” in his family home, and particularly with his two young children.

Mr Prochniak’s solicitor, Eamonn Fleming, said his client’s children would be “distraught” at the prospect of losing the fawn-coloured labrador.

Last March, Judge Mary Dorgan handed down the one-month jail term, as Mr Prochniak had not complied with a previous court order that the dog by destroyed or repatriated to Poland.

It arose out of an incident on July 19, 2017, when the dog ran out, crossed the road and bit an 81-year-old man.

Yesterday, Judge Brian O’Callaghan at Cork Circuit Court heard the dog was still at the family home.

State solicitor Malachy Boohig reprised evidence regarding the initial incident, when the dog — who had previously barked at the pensioner — ran across the road and bit him on the right leg above the knee.

Mr Prochniak, a tiler, immediately apologised. He has no previous convictions and the dog was licensed and microchipped.

However, Mr Boohig said the elderly man, who has a holiday home in the area, was now unable to walk down the road to his sister-in-law “out of fear”.

Mr Fleming said his client had given the initial undertaking about having the eight-year-old dog destroyed without discussing it with his wife and children.

It caused “consternation within the family”, said Mr Fleming.

He said Mr Prochniak had brought €750 to court as compensation and added that the family would be “distraught” if the order was executed.

“It is a difficult situation,” Mr Fleming said, adding that his client’s children, aged seven and nine, were particularly attached to the dog.

He told the court the elderly man and Mr Prochniak had since had “polite conversation” and suggested that Mr Boohig may need fresh information regarding the older man’s view of the situation.

Judge O’Callaghan said he understood the difficulties in the case, where a dog was “practically a third child”, and adjourned the case until December 6 for Mr Boohig to receive up-to-date instructions.

He also ordered there be no contact between Mr Prochniak and the older man in the interim.