Man loses appeal against sentence for ‘shocking’ animal cruelty

A Carlow man whose farm was “strewn with skeletal remains” has lost an appeal against the severity of his three year prison sentence for “shocking” levels of animal cruelty.

James Kavanagh (48) pleaded guilty to 30 counts of causing or allowing animal cruelty at his property at Raheenleigh, Myshall, Co Carlow in April 2015.

Kavanagh was sentenced to three years imprisonment and ordered to pay €35,000 towards the ISPCA’s costs, which totalled €59,149, by Judge James McCourt on February 22md last. Judge McCourt also disqualified Kavanagh from having any involvement with dogs or horses for life. The maximum penalty is five years and a fine of up to €250,000.

His wife, Jennifer Kavanagh, was given a wholly suspended 12 months sentence on the same occasion after she admitted 30 counts of allowing animal cruelty.

Upholding the sentence on Wednesday, President of the Court of Appeal Mr Justice George Birmingham said 340 dogs and 11 horses had to be removed from Kavanagh's premises over 11 days.

In addition, 20 dogs and four horses had to be euthanised for humane reasons.

The Circuit Court had heard from Garda Catríona Denneny and Conor Dowling of the ISPCA.

‘Atrocious levels’

Mr Justice Birmingham said the scene they encountered was “truly shocking” and involved “atrocious levels” of animal neglect and cruelty.

“A number of dead dogs were discovered, some of which had apparently been killed and eaten by other dogs. The premises were strewn with skeletal remains, dead sheep, and rotting horse carcasses. Gardaí­ witnessed dogs eating dog and horse carcasses as it appeared this was their only source of food.”

A total of four horse carcasses were found in separate dog enclosures. “According to the book of evidence, the horses did not show any signs of being shot or given lethal injections (as this would have poisoned the dogs).”

Mr Justice Birmingham said all of the animals had health problems. Almost all of the animals were distressed, in pain and discomfort, and suffered from multiple afflictions and diseases, including parasitic infections, he said.

“Many of the animals were also severely emaciated, starving, dehydrated, soaked in urine, and caked in excrement.

“Burnt out fires were discovered on the premises revealing the remains of dogs, horses and sheep.”

“Some small breed dogs were discovered crowded together in inadequate sized cages with no freedom to move, no access to food or water and no shade from the sun.”

Kieran Considine, a vet for Carlow County Council, had said the dogs showed "signs of contagion, pathological conditions and cannibalistic tendencies".

Mr Considine also raised concern about the immediate serious risk to public health due to the feeding of carcasses and the accumulation of waste close to a water treatment plant and the River Burren.

Kavanagh claimed his premises had become a “dumping ground” for dogs after the introduction of Pet Passports in December, 2014 which required all dogs and cats to be microchipped.

“It appears, though, that Kavanagh actively sought out dog breeders and others and offered to take dogs with a view to having them rehomed,” Mr Justice Birmingham said.

Suffering

He said Kavanagh’s wife, Jenny, was licensed to operate a dog breeding establishment by Carlow County Council.

However, Kavanagh discovered it was financially more rewarding to take in dogs and transport them elsewhere, mostly to rescue centres in England. These centres paid between €40 to €50 per dog and also covered the travel expenses.

Kavanagh’s barrister, Colman Cody SC, acknowledged that what occurred was neglect, “perhaps neglect on a grand scale”, but was distinct from cruel and intentional infliction of suffering.

Mr Cody said that the premises had been inspected by Carlow County Council in October 2014 and that, therefore, the shocking state of affairs in April 2015 “must be seen as having been time-limited”.

Mr Justice Birmingham said it was a case of “commercial activity on a very large scale and it is an inescapable conclusion that failing to care for animals formed part of the business model”.

He said it was a case of exceptional seriousness.

Mr Justice Birmingham, who sat with Mr Justice John Edwards and Mr Justice Patrick McCarthy, said the sentence "fell well within the range of appropriate sentences for offending of such seriousness" and the court accordingly dismissed the appeal.

He said the sentencing judge’s task was not an easy one because “thankfully, there have been few, if any, comparable cases”.

In his judgment, Mr Justice Birmingham said there was one further matter the court wished to comment upon.

He said the court had been asked to deal with Kavanagh’s case within weeks of the Circuit Court hearing due to the tragic loss of his teenage son in a road traffic incident.

The pressure to cope that had been placed on Kavanagh was “compounded by the shocking, indeed one can say, disgusting, response there has been on social media to the tragedy that has befallen the Kavanagh family”.

He said the court did not wish to appear “hard-hearted or indifferent” but the court’s role was confined to reviewing the correctness, or otherwise, of sentences imposed at first instance.

“The developments post-sentence in this case are very unusual, perhaps even to the point of being unique, and they are of course matters which the Executive is perfectly free to consider.”