Neighbours at war in Limerick over barking dogs and trespassing cat

A COUPLE say their lives have been made “a living hell” and their home turned into a prison by their neighbour’s seven dogs barking “incessantly”.

Michael O’Donnell, the solicitor representing the owner of the seven dogs, said it’s the couple's cat is causing the dogs to bark by trespassing onto his client’s property.

The court heard that the cat is 14, “or nearly over 100 in human years”, and is immobile for the last two years.

The sound of the dogs barking was played on a CD player in court.

“Sherlock is the cat’s name. The cat should be in a cradle,” said Mr O’Donnell, who added that the complainant (the party making the complaint) has three dogs of his own.

Edward Lynch, of Mountplummer, Broadford took the civil case against Jim McDermott, of Mountplummer, Broadford, under Section 25 of the Control of Dogs Act, 1986 which relates to the nuisance caused by barking dogs. The hearing lasted two hours in Newcastle West Court.

Conn McMahon, barrister for Mr Lynch, said his client has tried everything to sort the matter out with Mr McDermott.

“They have spoken in person and sent WhatsApps. They live straight across the road from each other. They say, effectively, their lives have been destroyed by the continuous barking of dogs and their home has been turned into a prison,” said Mr McMahon.

Judge Stephanie Coggins said people can’t be expected to live with dogs barking.

“It would drive you to drink. It is a form of noise pollution,” said the judge.

“People can’t be tortured with barking dogs,” she continued.

Mr Lynch took the stand and said the barking is 24/7. He said they couldn’t bring anybody to their home for two years and his wife had to stop her psychotherapy practice at home.

Mr Lynch said Mr McDermott was very complimentary about Sherlock the cat as it helped him solve a rodent problem.

Mr Lynch pointed out that the cat is 14, “or nearly over 100 in human years”, and is immobile for the last two years. 

“Our dogs bark for no more than 30 seconds and we tell them to stop. Our lives are a living hell,” said Mr Lynch. He said if a cat is the problem it is not their cat.

Mr Lynch said he didn’t want to come before the court but Mr McDermott has “no respect for us as neighbours”.

“I have to wear headphones in the house. We’ve tried different types of noise cancelling headphones and a white noise machine. It’s cost me thousands. Last night we were trying to watch a film but we had to abandon it,” said Mr Lynch. He said while recuperating from an operation he couldn’t open the windows of his house due to the noise.

Mr O’Donnell (pictured above), solicitor for Mr McDermott, put it to Mr Lynch that he is a very difficult neighbour.

Mr Lynch said he is “a very neighbourly neighbour”.

Mr O’Donnell said Mr Lynch has contacted the dog warden, the council’s planning section and the Department of Agriculture.

Judge Coggins said they are “driven demented”.

Mr O’Donnell asked Mr Lynch if his cat Sherlock goes onto Mr McDermott’s property.

“Cats travel by nature,” said Mr Lynch.

“Does Sherlock trespass on Mr McDermott’s land?” asked Mr O’Donnell.

“He’s a cat!” interjected Judge Coggins.

Mr Lynch said Sherlock is not the problem.

Mr O’Donnell handed in to the court a photo of Sherlock, which he said was the cat on Mr McDermott’s land. 

 “He (Sherlock) has been quite ill. He has been on death’s door,” said Mr Lynch. 

Mr O’Donnell said Sherlock is causing the dogs to bark.

Mr McDermott took the stand. He said he has seven dogs - three Jack Russells which go in the jeep with him, two lurchers, a deerhound and a bull mastiff.

Judge Coggins said that is a lot of dogs and that Jack Russells are “divils for barking”.

“I have one myself. It would go through your head,” said the judge.

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The next person to give evidence was Sergeant Keith Hughes. He said he had called to the Lynch residence four times and heard dogs barking on one of those occasions.

“It wouldn’t stop me sleeping but I could sleep anywhere. They are both decent people, both tormented. It is a civil matter. I would prefer not to be involved,” said Sgt Hughes.

The sergeant said he had spoken to Mr McDermott who blamed the cat.

“He told me, ‘The cat is driving me mad’,” said Sgt Hughes.

Mr McMahon, barrister for Mr Lynch, said his client’s convalescing is being hampered and he does not accept all the barking is caused by the cat.

Judge Coggins said she is trying to be as impartial as she can be and, “We need a practical solution”.

The sound of Mr McDermott’s dogs barking was played on a CD player brought to court by Mr Lynch who had recorded it.

Mr O’Donnell said the birds are as loud as the dogs.

Judge Coggins said: “If I listened to that all day I’d go bananas.”

Mr O’Donnell said Sherlock is causing the dogs to bark and referred to the photo.

Judge Coggins said the unfortunate cat can’t be held responsible for all the barking but “cats do torture dogs”.

She asked the parties to speak to try and find “a practical solution” and rose from the bench.

When court resumed, Mr O’Donnell said Mr McDermott was willing to reduce the number of dogs by two. Mr McMahon said his instructions were that there should be a reduction of three.

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Before giving her ruling, Judge Coggins said she wished to reiterate they are two sets of decent, country people trying to live their lives.

“Mr McDermott is a country man and probably doesn’t even hear the dogs barking or appreciate how difficult it can be for people,” said Judge Coggins, who found Mr McDermott guilty of the nuisance by barking dogs offence under the Control of Dogs Act.

The judge ordered that Mr McDermott reduce the number of dogs by four.

“I want to make this very clear that I am not suggesting anything terrible has to happen,” said Judge Coggins. This was echoed by the complainants from the body of the court.

The judge said people are entitled to live peacefully. “I’m making no order regarding Sherlock. I don’t think the cat is responsible and at 14 years of age how long will he be with us for,” said Judge Coggins.

Recognisance was fixed in the event of an appeal.