'Compelling evidence' of neglect at Cork puppy farm left judge to uphold closure order
Anne Broderick is driven out of the courthouse by solicitor David O'Meara in Mallow, Co Cork. Picture: Dan Linehan
“Compelling evidence” of neglect at a puppy farm led a judge to uphold an order to close the business made by Cork County Council.
Anne Broderick, whose late father, a successful farmer, bred Cheltenham winning racehorse Paddy De Plasterer, gave tearful evidence in Mallow District Court, saying that she ‘loved her dogs and her dogs loved her.’
She refuted multiple veterinary reports that her dogs had suffered unnecessarily at her puppy farm at The Hermitage, Doneraile.
Over a three-day hearing in Mallow District court this week, evidence was heard that putrid smelling dogs soaked in urine, many very fearful with oozing, reddened eyes, were forced to walk in their own faeces due to overcrowding at the facility.
Dogs with vacant eyes “looked like they had given up” and a “petrified” Labrador was so terrified it urinated and cowered when touched by a human.
Dogs’ paws were burned from chronic exposure to the highly corrosive ammonia in urine, the gas of which also damages dogs’ lungs and irritates their eyes, Mallow District Court heard.
But Ms Broderick said she found “comfort” in her dogs.
Through tears, she said that she would never subject her dogs to any hardship. “The dogs loved me,” Ms Broderick told the court.
Ms Broderick said she was subjected to death threats and an abusive social media campaign after news of the closure order became public which caused her great distress.
She had appealed a closure order Cork County Council imposed on her dog-breeding facility in January, after she failed to comply with the terms of both a Dog Breeding Establishment Order and an Animal Health and Welfare Notice. Although Ms Broderick had a licence to breed 50 bitches, inspectors found more than 80, with 218 dogs and puppies in total.
Some 47 dogs were seized on January 23, 2023, of which 39 were breeding bitches. Another 24 dogs, 19 of which were breeding bitches, were seized on February 1.
All dogs were taken under the care of the ISPCA. She admitted she exceeded the 50 bitches she was licensed to breed.
“I did slip up and fail on a number of items. The numbers caught me out,” she said.
Ms Broderick “always had dogs growing up.” She bought her first bitch in 2000, then got a male dog, Harry, which she subsequently showed in competitions. She got a few more dogs over the years and started breeding.
In 2014, she registered as a dog breeder, with a license initially for 30 bitches, which increased to 40 which then increased to 50.
She said that she had “a good reputation built up” in dog breeding circles.
But when she began a lucrative business selling puppies to Singapore, where each puppy sold for thousands of euros, numbers at her kennels grew.
Getting dogs on flights to Singapore, which she said was often a challenge, became impossible over the pandemic.
This caused puppies to ‘age out’, as female dogs become bitches at six months. This made them more difficult to export and left Ms Broderick with more breeding bitches than she intended to keep, she said.
Barrister Brian Leahy, for Ms Broderick, said that a backlog over covid created the problem.
“If there had been no covid, there would be no problem,” he said.
But Barrister for Cork County Council Donnchadh McCarthy, said that the problems were exacerbated by overcrowding, but not just due to overcrowding alone.
Judge Colm Roberts said that he “accepted without doubt” that Ms Broderick loved animals and did not consciously do harm to her dogs “ in any way.”
“There was no animal cruelty in this case,” he said.
But, a lack of competency applied impacted the health and welfare of the animals.
Evidence showed that she had failed in multiple regards, including in producing records for inspection, in taking the matter seriously in a timely manner, and she failed in her duties under Section 15 of the Dog Breeding Establishment Act, 2010, Judge Roberts said.
Although she loved animals, by her actions and inaction, dogs suffered unnecessary harm by neglect, Judge Roberts said.
He was not satisfied that she was able or willing to meet the standards required for a dog breeding establishment to an appropriate degree or level.
“It is necessary for me to confirm the closure order and refuse the appeal.”
"It's my view Cork County Council did act with forbearance and only commenced this notice as a last option.
"I appreciate this is not the outcome Ms Broderick wished for but I have to be driven and led by evidence, which was very compelling."
He said that he appreciated the financial impact this would have on Ms Broderick and awarded Cork County Council a €5,000 order of costs.
Judge Roberts suggested that if Ms Broderick would reapply for a dog breeding licence, she should engage someone of significant standing and experience to advise her, hire staff and engage fully with Cork County Council.
