Reasonable and lawful for local authority to detain applicant’s horse

Judicial review – challenge to the decision to impound a horse – seeking the return of the horse - challenging the right of the Council to demand payment of certain costs and fees by him, before they will return the horse to him – reliefs sought – involved in a road traffic accident – fell and became unconscious – lost control of his horse – taken to hospital – Gardaí sought to impound the horse – sought to retrieve the horse – informed that he would have to pay fees – sought detailed particulars as to the circumstances of the detention of the horse – correspondence – argued that the Council acted unlawfully and in excess of it’s jurisdiction by refusing to return the horse and in demanding fees – relevant law – bye laws - relevant case law - local authority was empowered to capture and detain the horse in law - had an entitlement to dispose of the horse immediately, should it so elect - local authority was empowered to make Bye-Laws for various matters in relation to horses detained within its area - Bye-Laws provided that fees were to be paid by the owner or keeper of a horse detained - local authority was entitled to levy the charges - charges levied are in accordance with the Bye-Laws - local authority has a responsibility to keep their administrative area safe from the dangers of stray animal – not appropriate to read a mens rea requirement into the Act – gave reasonable time to raise the money - not the intention of the respondent to destroy the horse – reasonable to request that the costs incurred must be discharged in order to release the animal – no appeal – local authority entitled to detain the animal in law – dealt fairly with the applicant - reasonable and lawful for the local authority to impound the horse - intra vires the local authority to demand the fees levied by them – judicial review refused.