Court was correct to order that prisoner’s dog be kept in professional care pending trial

By: Senan Crawford BL

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Court of Appeal upholds a High Court decision committing a prisoner's dog to professional care pending his trial, and holding the appellant partly liable in costs, on the grounds that: (a) the court was correct to find that a threat was posed by the animal; and (b) the appellant declined an offer from the list judge detaining the dog in professional care pending trial, which would have reduced costs.

Court of Appeal - Control of Dogs Act, 1986 - section 22 complaint - whether court had jurisdiction to order detention of the dog as condition of remittal to District Court - appellant arrested 17th January, 2023 on foot of bench warrant - sentenced 20th January, 2023 in Dublin Circuit Criminal Court to two and a half years' imprisonment - Belgian shepherd bit Garda during arrest - hearing 21st January, 2023 - destruction of dog directed for 23rd January, 2023 - judicial review sought so stay placed on order - dog's condition worsened while in professional care - directions given 25th July, 2023 - case heard 31st July, 2023 - written judgment 11th August, 2023 - costs and potential stay hearing 18th August, 2023 - second judgment 23rd August, 2023 - best for dog to remain in professional care pending hearing - High Court correct to remit matter when threat posed by the dog - costs - Legal Services Regulation Act, 2015 - section 169 - Order 99 - Rules of the Superior Courts - costs to the respondent post-25th July, 2023 - appellant refused judge's suggestion that dog be kept in kennels while matter remitted to District Court - would have reduced costs - appeal dismissed.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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