Catherine O'Brien's conviction for animal welfare offences quashed

A further order for costs was reserved pending agreement between the two sides

Catherine O’Brien, 45, was convicted in absentia at Gorey District Court in June 2021 on 34 counts of animal cruelty relating to the seizure of 33 thoroughbred horses in a malnourished state in Co. Wexford in 2019.

A Cork woman has had her conviction for animal welfare offences quashed pending a retrial, as she was unable to attend her initial trial because she was in hospital.

Catherine O’Brien, 45, was convicted in absentia at Gorey District Court in June 2021 on 34 counts of animal cruelty relating to the seizure of 33 thoroughbred horses in a malnourished state in Co. Wexford in 2019.

The offences carried with them possible penalties of up to €250,000 and/or imprisonment of up to five years. Some 25 of the horses seized remain in the care of the Irish Horse Welfare Trust, which has spent nearly €400,000 on caring for them.

The presiding judge had opted not to sentence Ms O’Brien in her absence, although a bench warrant was issued for her arrest at the time and remained outstanding until Thursday’s High Court hearing.

Ms O’Brien, who initiated a judicial review of the District Court decision in July 2021, was not in court to hear that her conviction had been quashed. The presiding judge in the judicial review, Justice Garrett Simons, said: “I can’t see how it will take any time at all” when the matter was called before him on Thursday.

“This is the situation where the applicant was in hospital, is that not the end of the matter?” the judge asked.

“There is a basic principle of constitutional justice where somebody has to be heard,” he said. 

Notwithstanding her previous conduct where she seems to have come up with somewhat suspect excuses, the fact of the matter is that didn’t make her an outlaw.

“I can’t understand, the director (of public prosecutions) just hasn’t got a case,” Justice Simons said. “How could it possibly be fair?” 

When counsel for the DPP Siobhan Ni Chulachain argued that there had been “no evidence” presented before the District Court regarding Ms O’Brien’s hospitalisation, Justice Simons replied: “Well, there’s evidence before me”.

“You’re asking me to uphold a finding whereby somebody was convicted of a serious offence in circumstances where she was in hospital,” he said.

Having been ordered to take instructions from their clients, Ms Ni Chulachain and counsel for Ms O’Brien, Colman FitzGerald SC, agreed the conviction should be quashed by an order certiorari by the judge, with a further order for costs to be reserved pending agreement between the two sides.

Justice Simons thanked both counsel for their “co-operation”, adding that the case was “an unfortunate” one. “I can understand how it came to pass,” he said, adding that the conviction being quashed was “probably the fairest outcome”.