A judge yesterday described a pit-bull fight as brutal, mean and nasty when sentencing five men for cruelty to animals in the first case of its kind in the State.
Judge Patrick McCartan imposed an 18-month prison sentence on one man who had a previous conviction for animal cruelty, and suspended sentences on the other four.
A jury in Naas District Court found them guilty on July 13th of cruelly ill-treating two animals at a dog fight on October 31st, 2003, at Brockagh, Robertstown, Co Kildare.
The five men are Troy Jordan (35), car dealer and horse breeder, Blackthorn Cottage, River Road, Allenwood South, Co Kildare; Richard Somerville (34), painter and decorator, Dunard Drive, Navan Road, Cabra; Karl Breen (25), Nangor Crescent, Clondalkin; Thomas Codd (39), on disability for 16 years, Cloonmore Crescent, Tallaght; and David Deegan (32), car sales business owner, Maplewood Park, Springfield, Tallaght.
Judge McCartan said all conceded their presence there but lawyers argued whether or not mere presence amounted to an offence.
He said what could not be overlooked was a location of some remoteness, two miles from the nearest village. The premises was some distance from the road, in a hay barn, not the property of any of the accused.
They were there, if not on but close to the premises, and it was a fair and reasonable inference they were there for the dog fight between two pit-bulls.
"Their presence was not an act of innocence but by arrangement. It was not a minor offence in my view. It is a mean and nasty offence where innocent animals are used for a purpose never designed for them," he said.
It was clear the event was going on for some considerable time. There was blood all over the arena and the dogs were injured and very distressed, the judge said. If it were not for the intervention of Det Sgt Con O'Sullivan and the Irish Society for the Prevention of Cruelty to Animals (ISPCA) inspectors it would have led to the death of one or both of the animals.
Judge McCartan said considering there had to be some organisation - of the premises, assembly of spectators, the construction of the ring down to the blue and red posts, putting down carpet to give the dogs a better grip and deal with various excretions - it was not just a by-the-way event.
"This court must send out a very clear message that this cannot be supported. The court must deter others from this very brutal and utterly inappropriate conduct in this day and age," he said.
"They are mean and nasty offences. It ought to send a signal abroad to those who consider engaging in such conduct.
"I consider it as cruel an act as a person can impose, to put two dogs in a ring, to fight and tear each other to death. I can't imagine anything more cruel."
All five had previous convictions. Judge McCartan said for Jordan it was entirely different. He had a previous conviction in January 2000 for cruelty to six pit-bull terriers, was fined €6,475 and banned from owning a pit bull for three years. The pit-bulls were emaciated.
He imposed an 18-month prison sentence on Jordan.
Codd received a nine-month sentence, suspended for two years on condition he pay €500 to the ISPCA.
Somerville received an 18-month suspended on condition he pay €3,000 to the ISPCA. Breen received a nine-month suspended sentence on condition he pay €5,000 to the ISPCA. On Deegan he imposed 18 months, suspended on condition he pay €3,000 to the ISPCA within three months. All were bound over for two years. Originally there were 11 defendants. The jury on July 13th found Richard Bernard, Dark Road, Castletown, Carlow, not guilty. Earlier, the judge directed that Michael Quinn, Joseph Blake and James Ferris be released as he was not satisfied there was sufficient evidence. A few days previously, the judge told the jury he would be directing a not-guilty verdict in relation to Anthony Burke and John Moody.