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Gardai seek destruction order for XL bully dog seen 'running freely' on public roads
Court told it will be alleged dog has bitten members of the public
Ennis Courthouse | FILE PHOTO
Reporter:
Gordon Deegan
27 Jun 2024 5:24 PM
A “vicious and very dangerous” XL bully dog has been running freely on the public roads in County Clare and has bitten members of the public, a court has heard.
At Ennis District Court, Sgt Noelle Bergin said that she was seeking an order for the destruction of the XL bully dog or alternatively an order allowing the seizure of the dog.
She told Judge Alec Gabbett that there are allegations that on two occasions the dog "has bitten members of the public and he has been running freely on the public roads during May and up to June 19".
Sgt Bergin told the court that the owner of the dog, Michael Geraghty of Ballinalackin, Lisdoonvarna, Co Clare is not complying with the directions of Clare County Dog Warden, Frankie Coote.
Sgt Bergin said that she personally served Mr Geraghty with the Garda application last Saturday and Mr Geraghty was told that the matter would be dealt with before Ennis District Court.
Sgt Bergin said: “He told me that he would be here.”
However, there was no appearance in court by Mr Geraghty.
Sgt Bergin said: “Our problem is that the dog is residing in a house and the Dog Warden doesn't have the power totake this dog from a house.
“Today I am seeking an order for the destruction of the dog or an order giving the Dog Warden the power to remove the dog.”
Five members of the public were in court to provide sworn evidence in support of the garda application.
In evidence, Mr Coote told the court that XL bully is named ‘Ghost’.
He said: “He is huge. A very, very vicious, very dangerous dog.”
Mr Coote said: “I have had at least six complaints of the dog attacking people, two or three times biting people.”
Mr Coote said: "I first became aware of the dog last year running loose on the road so I went up and cautioned the owner and got him to put the dog under control."
Mr Coote said: "He then tied the dog to a trailer of rubbish so I then had welfare concerns for the dog. I removed the dog last year and I gave it back to him on condition that he would look after him but then the dog started to roam."
Mr Coote said that he told people who were making complaints to him about the dog to make formal complaints to the Gardai “or I could not act”.
Mr Coote said that he microchipped Ghost and registered him to the owner “on the advice that he would have to keep the dog under control but within four days the dog was out on the road again”.
Mr Coote said: “His owner is not complying with me in any form or manner. I have never met him - it is all phone calls, notes or sending other people. He won’t comply with me at all.”
Judge Gabbett said that Mr Geraghty has a right to be heard if he wishes to come to court before the dog is destroyed.
Judge Gabbett said: “That is the right thing to do - he is entitled to be heard."
He added: "It is a dangerous dog - certain aspects are very concerning."
Judge Gabbett asked if the dog was detained at the Dog Pound pending the resolution of the case, would people at the pound be safe?
Mr Coote said: "When a dangerous dog is at the pound, I deal with it myself.”
Sgt Bergin told Judge Gabbett said there was an issue with service of the application and Judge Gabbett told her that she was free to make a similar application at a future court sitting.
Sgt Bergin said that it was also open to gardai to obtain a search warrant of the property and an application could be made to court for such a warrant.
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