Dáil Éireann debate -
Wednesday, 11 Oct 1995

Vol. 456 No. 7

Adjournment Debate. - Court Case Collapse.

Mr. Flood

I appreciate the Ceann Comhairle's giving me the opportunity to raise this important matter on the Adjournment. I also thank the Minister for dealing with it tonight.

I congratulate the Garda on seizing the dogs in question, I assume as a result of a tip-off from a member of the public. If that is so, I applaud the person or persons who took the trouble to report the matter. The catalogue of injuries to three of the dogs was truly horrific. There were severe injuries to the lower jaw and inside the mouths. The dogs' faces were torn as a result of the activities in which they were involved. Eyes were severly damaged and some of them were almost gouged out. If the Garda had not seized the dogs they would still be enduring great suffering. Indeed, the Dublin Society for the Prevention of Cruelty to Animals has become involved and, regrettably, has had to put down three of the dogs because of the horrific nature of their injuries. The DSPCA has also indicated that the other three dogs will also probably have to be put down.

Under the Wildlife Act, 1976, badger baiting is illegal but it appears that a significant number of people travel between the United Kingdom and this country to participate in what appears to be badger baiting and dog fighting events. This is the opinion of people who are involved in studying the problem of cruelty to animals. John Bryant, the wildlife officer of the British League Against Cruel Sports, says that many of the people who engage in these activities and who travel between the two countries are known to the authorities. If that is so, what are we doing about it? It is right and proper that known soccer hooligans are being targeted by the UK authorities and, as a result of the recent terrible events in Lansdowne Road, by ourselves. These hooligans are being excluded from this country in the interest of public safety. The same policy should be applied to those people who, according to the Garda and others who understand the problem of illegal badger baiting and dog fighting, are travelling between the UK and this country. We should exclude them.

There is also a customs and excise aspect to this issue. Were the dogs imported? If so, at what point did they enter? How were they brought in? Are people free to move animals which have been bred to be highly dangerous between countries?

The most sickening aspect of this event was the sight of the three men involved running from our courts, free to continue their desperate activities. Why were they not rearrested and questioned at length to obtain information on where the activities that led to the dogs' serious injuries took place? We can safely say that these badger baiting and dog fighting events were organised in this country. I do not understand why further efforts were not made by the Garda on the collapse of the case, to tackle the issue and not let the men simply run free from the court and go to the harbours to leave the country.

Were the UK authorities contacted or will they be contacted? We have the alleged names and addresses of the three men concerned. Are they known to the UK authorities? Have they been charged in the UK? If not, does the Minister for Justice intend to take the matter up with her counterpart in the United Kingdom in order to bring these people, who have committed atrocities in this country, to justice? What is being done to seek out those currently engaged in these cruel practices? People on this side of the water organised the events that led to the dogs' horrific injuries.

I have mentioned a number of important issues. Many people were deeply upset by the photographs of the injuries to these unfortunate dogs. They were also deeply upset by the pictures of men running free from our courts to engage in these activities again, possibly here and certainly in the United Kingdom.

Minister for Justice (Mrs. Owen)

I thank Deputy Flood for raising this issue. Like everyone else I regard what happened to the animals concerned as a deplorable act of cruelty. Given the way the Deputy put down the matter, my answer will deal essentially with the collapse of the court case. I will contact him later on the issue of badger baiting. I have also asked for a full report on the background to this case.

I am informed by the Garda authorities that on 9 October last the Garda, acting on information received, searched a United Kingdom registered vehicle at Dublin Port and found seven dogs housed in wooden boxes on the floor of the car. They also found equipment which is usually associated with the practice commonly referred to as badger baiting. When questioned about the condition of the dogs the three men in the vehicle gave conflicting answers. I wish to pay tribute to the Dublin Society for the Prevention of Cruelty to Animals for taking over the task of looking after the dogs, some of which had to be put down.

The three men were arrested under the Protection of Animals Act, 1965, and held in custody in the Bridewell Garda Station. They appeared before Dublin District Court No. 4 on 10 October and evidence of arrest, charge and caution was given by the arresting garda. When making the charge under the Protection of Animals Act, 1965, the gardaí were unable to specify the location of the cruelty but they knew, from the condition of the animals, that the injuries arose from activity elsewhere. The three men gave conflicting answers and no information as to where the cruelty might have taken place. On hearing legal submissions from the solicitors for the men the presiding judge agreed with the arguments made by the defence on the grounds that he was not entirely satisfied with the charges preferred in that they did not adequately describe the location where the alleged offences took place. I understand that the judge stated that as far as he was concerned the cruelty could have been in another jurisdiction. The arresting garda argued that the charges were adequate in substance and urged the judge to exercise his power of amendment to read that the alleged offences occurred within the State if he was not satisfied. However, he refused the garda's application and struck out the case.

As the Deputy will appreciate, the courts are independent in the exercise of their functions and, accordingly, it is not open to me to make any further comment on the matter. As to why the Garda did not immediately rearrest the men, I will forward that information to the Deputy.