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 nine-year sentence imposed following a separate conviction for manslaughter.
At Naas District Court in July 2005, a jury convicted Breen, 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 decision to overturn his conviction.
At the Central Criminal Court last October, Breen was convicted of the manslaughter of Martin McLaughlin at Jury's 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 CCA, with Mr Justice Nial Fennelly presiding, and sitting with Mr Justice John Edwards and Mr Justice Patrick McCarthy, today allowed the appeal.
Geraldine Small, for Breen, had argued the trial judge had erred by failing to direct the jury to acquit Breen on the grounds there was no sufficient evidence that he had committed the offences.
Counsel also noted that the CCA had in 2006 quashed the convictions of two of Breena's co-accused, who had appealed their convictions on similar grounds.