An order preventing South Dublin County Council from disposing last night of 13 horses seized from a Traveller family in Clondalkin has been granted by the High Court.
Mr Martin Mongan, of Lynch's Lane, Clondalkin, said yesterday he believed the council was not interested in the welfare of his horses and all it wanted was for him to move the horses out of the council area.
He was aware he must have suitable accommodation for his horses. He cared for the horses as best he could but had been unable to rent lands or stables in the area for them.
He was on social welfare and, while he could borrow money to rent land, he had been unable to do so despite strenuous efforts. He had asked the council whether he might rent land from it but was refused. He had also asked the Department of Agriculture to consider setting up a horses project for Travellers in the Clondalkin area but was also refused.
Generations of his family had traded in horses, which had always been part of his life. He had started buying horses about 12 years ago and always wanted to bring his children up with horses because it kept them out of trouble.
He wanted to continue the Traveller traditions and culture which had always been to have a close relationship with horses.
His horses had been seized on numerous occasions since the introduction of the Control of Horses Act, 1996, and he had had to pay over £5,000 in fines to retrieve them. Thirteen horses were seized at 5.30 a.m. last Wednesday, and he had been told if he paid a fine of £2,521 they would be returned.
He was later told that if he did not pay the fine by close of business yesterday, his horses would be disposed of.
On the application of Mr Kevin Brophy, solicitor, for Mr Mongan, Mr Justice Peter Kelly granted leave to seek declarations that the continuing detention of the horses was unlawful and an injunction restraining the council from disposing of the horses before July 26th.
Mr Brophy said the horses were being detained in a pound in Co Kilkenny and he submitted that South Dublin County Council had no authority to detain the horses there without leave of the relevant local authority. He also said Mr Mongan had not been served with any valid notices of seizure and detention and the council had failed to adequately consider representations made to it on the matter.