THE COURT of Criminal Appeal has overturned a Dublin man's conviction on charges of cruelty to animals arising from an arranged dog fight. However, Karl Breen remains in jail on foot of a nineyear sentence imposed following a separate conviction for manslaughter.
At Naas District Court in July 2005, a jury convicted Breen, of Nangor Crescent, Clondalkin, Dublin, and four others on charges of cruelly ill-treating two female pitbull terriers at a dog fight on October 31st, 2003, at Brockagh, Robertstown, Co Kildare.
Breen received a nine-month sentence which was suspended after he agreed to pay €5,000 to the ISPCA. That payment is not affected by the CCA decision to overturn his conviction.
At the Central Criminal Court last October, Breen was convicted of the manslaughter of his friend Martin McLaughlin at Jurys Croke Park Hotel on January 1st, 2006. He was jailed for nine years.
Breen had appealed against his conviction for cruelty to the dogs and the three-judge court, with Mr Justice Nial Fennelly presiding, and sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, yesterday allowed the appeal.
Geraldine Small, for Breen, had argued that the trial judge erred by failing to direct the jury to acquit Breen on the grounds that there was no sufficient evidence that he had committed the offences.
Counsel said there was also no evidence that Breen was cheering, encouraging, gambling or that he sought to avoid arrest when the gardaí arrived. The only evidence was that he was present at the dog fight and mere presence alone could not prove a conviction in the circumstances, she argued.
Counsel also noted that the CCA had in 2006 quashed the convictions of two of Breena's co-accused, Troy Jordan (38), River Road, Allenwood South, Co Kildare, and David Deegan (35), Maplewood Park, Springfield, Tallaght, Dublin.
The court agreed that Breen's mere presence at an "altogether disquieting" event was not sufficient to bring the charge of cruelty. In those circumstances, the trial judge had erred by not directing the jury to acquit Breen.