Four-month custodial sentence for animal cruelty upheld on appeal

One of the dogs seized by the ISPCA
One of the dogs seized by the ISPCA

Judge Cormac Quinn has affirmed in Carlow Circuit Court of Appeals the sentence imposed on Nigel O’Hara of Fourteen Acres, Kilcarrig, Bagnalstown, Co. Carlow, who was convicted of animal cruelty in February 2024.

O’Hara had appealed the severity of the sentence imposed by Judge Geraldine Carthy at that time, which included a four-month custodial sentence, a lifetime disqualification from keeping dogs, and a €2,000 fine.

In addition, O’Hara was ordered to pay €3,791.78 in costs for the Irish Society of Prevention of Cruelty to Animals (ISPCA) and €3,690 in ministerial prosecutions costs.

The court heard from ISPCA senior inspector Fiona Conlon, who gave evidence of conducting two inspections of O’Hara’s premises in June and July 2021, in the course of which a total of 19 dogs were removed.

Conlon described calling on June 21, 2021, along with ISPCA senior inspector Alice Lacey, and finding 24 dogs - including greyhounds, Jack Russell terriers, a Rottweiler and a beagle cross - some of which were living in poor conditions.

One greyhound was shut in a dog trailer, a Jack Russell was confined in a small wooden dog kennel, and other dogs were in dirty sheds with poor ventilation and little natural light.

Conlon said that some of the dogs did not have access to water.

One of the dogs discovered Source: ISPCA
One of the dogs discovered Source: ISPCA

In addition to the environmental concerns, several physical welfare issues affecting some of the dogs were identified.

A number of the dogs were emaciated, and others had pressure sores, dental problems, and overgrown nails.

Conlon told the court that the 12 most impacted dogs were initially seized. She met with O’Hara two days later, at which time he surrendered the seized dogs and gave commitments to rehome any remaining dogs until he could commit the necessary time to their care.

However, when she returned on July 8, 2021, she found more dogs in dirty kennels and dark unventilated sheds, some without access to water. A further seven dogs were initially seized and subsequently surrendered.

Related Stories

Judge Quinn thanked Fiona Conlon and her ISPCA colleagues for their work.

The judge said that it goes without saying that animals are dependent on a person and, if they are not looked after, then cruelty is brought upon them, adding: “He’s in custody now”.

“Dogs are reliant on us for survival, wellbeing, and for their emotional requirements. In this case their most basic needs were not being met," Conlon said.

“There are consequences for those that commit animal welfare offences but, in this case, had the defendant delivered on the commitments that he gave after my first visit, the consequences may not have been so severe," the senior ISPCA inspector added.

Share this article