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EVERY DOG has its day, and Newcastle West District Court is no exception to this adage.
A woman avoided a conviction under the Control of Dogs Act by way of technicalities, when she appeared before the court arising from an incident close to her home on August 14, 2024.
Madeleine Hourigan, aged 54, who has an address at Lime Yard, Pallaskenry - was prosecuted over her alleged failure to have a muzzle and proper lead on a lurcher dog. She was also charged with not having a licence for the dog.
However, making legal submissions barrister, Nicholas Hall, asserted that the dog licence is in her son’s name and that his client was not the owner on the date in question.
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Addressing the court from the public gallery, Ms Hourigan stated she could provide this licence to the court if necessary - which resulted in the dismissal of that particular charge.
In a further submission, Mr Hall also pointed out that the leash and muzzle regulations under the Control of Dogs act only apply to certain restricted dog breeds such as bull terriers, rottweilers and German shepherds. “In this case the dog is a lurcher which is not listed on this list," he stated, submitting that the case "does not meet the burden of proof”.
Inspector Barry Manton accepted the dog at the centre of the case is “not a restricted breed” but added there was “a microchip issue” to be dealt with in relation to the accused’s dog.
"I have a different contention regarding ownership," he said.
However, Judge Carol Anne Coolican noted there was no charge regarding the microchipping of the dog brought before the court.
The Judge, who did not hear any direct evidence, proceeded to dismiss all charges.
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