Corkman charged with keeping 'emaciated' dogs in a cramped pen

Accused had emigrated to Australia before summons was issued, court heard

Judge said to avoid a conviction, the defendant could make a donation to the ISPCA and undertake not to keep animals for 10 years. Picture: Larry Cummins

A man charged with keeping “emaciated” dogs in a cramped pen in Cork without adequate access to water may escape a conviction.

Philip O’Neill had faced 13 charges in a case taken against him by the Department of Agriculture, but 11 were withdrawn due to a guilty plea.

Mallow District Court heard Mr O’Neill had two lurcher dogs who had become emaciated in an undersized pen “with detritus” in it. The second charge was that the dogs did not have enough water to drink.

One charge related to animal welfare under Section 11 (1) (a) of the Animal Health and Welfare Act 2013. The second charge related to a lack of drinking water for the animals under Section 13 (1) (a) of the same act.

Solicitor for the accused, John Fintan Daly, said the two animals were “lurcher-type dogs”.

“They were handed up to the inspector on the day,” he said.

“This happened in August 2022, my client emigrated to Australia, he didn’t realise there would be a court case. After he left, the summons was issued.” 

Judge Colm Roberts asked if there was “any explanation for the mistreatment of dogs, other than that they’re lurchers, surely that’s not enough?” 

Mr Daly said his client was aged 26 or 27 and he had little contact with him in Australia.

“This is not a puppy farm, this was just two dogs,” he said.

“My client is in his mid 20s, he has no priors, this is a first time offence.” 

Judge Roberts said the defendant’s “position would be much stronger if he was here [in court]”. 

Mr Daly said his client had not moved to Australia to escape the charges.

“I appreciate that,” Judge Roberts said. “He’s going to Australia because everyone else is.” 

“I’m not going to give a lifetime ban [on keeping animals], I think that would be disproportionate,” Judge Roberts said.

The court heard Mr O’Neill, formerly of 60 Brindle Hill, Charleville, Rathgoggan South, could get a conviction on the animal welfare charge, with the second taken into consideration.

But Judge Roberts said the defendant could alternatively make a donation to the ISPCA and undertake not to keep animals for 10 years, after which he would be required to complete a course in animal husbandry before ever getting another animal.

“The alternative not to convict and to make a donation to the ISPCA would have a more meaningful outcome,” Judge Roberts said.

Judge Roberts adjourned the case until July 9 at Mallow District Court.

If Mr O’Neill donates €750 to the ISPCA and if he gives an undertaking, sworn before a notary, that he would not take or care for dogs for 10 years, after which he would complete an animal welfare/husbandry course as approved by the ISPCA before ever caring for another animal, he could avoid a conviction.

Judge Roberts noted Mr O’Neill was a reasonably young man when the offences took place and in 10 years' time he may have settled down and have children who should not be denied a pet due to their father’s past actions. 

Judge Roberts noted everyone deserved a second chance.