Limerick judge like a dog with a bone in barking case

A LIMERICK judge is like a dog with a bone in her endeavours to get to the bottom of claims that a Jack Russell Terrier is "constantly barking".

Last month, Sally and Christy McGrath, of Cush Cottage, Martinstown, took a case against a neighbour, Mary Mullins, of Cush, Martinstown, under the Control of Dogs Act.

The McGraths claim that "constant barking" has made their lives "a living hell".

This was denied by Ms Mullins, the dog’s owner, when she took the witness box at Kilmallock Court this Tuesday.

Judge Patricia Harney said the McGraths claim the barking is impeding on their enjoyment of life. "That is lies," said Ms Mullins.

At the previous hearing, Judge Harney asked Garda Robert Young to attend at Ms Mullins’ property on a number of days at uninvited times and dates.

‘Ruff’ justice sought in Limerick court over ‘constant’ dog barking

Updating the court on Tuesday, Inspector Gearoid Thompson said Garda Young was sick but he had attended on two occasions.

"The first time the dog was in the house and on the second visit there were no issues," said Insp Thompson. Judge Harney expressed dissatisfaction at the (small) number of visits.

Bill O’Donnell, solicitor for Ms Mullins, asked his client what is the dog’s name and about its daily routine. Ms Mullins said his name is Bailey and that he is walked between 8am and 9am, then at 11am, 1pm and 4/5pm.

"He has a problem with his hips so he can’t go on long walks. He is in his run during the day and at this time of year comes in around 7pm. The kids come in and play with him," said Ms Mullins.

Post office in Limerick village to close this Friday 'until further notice'

Mr O’Donnell asked how many houses were in the locality and has she received other complaints.

"Eight in the immediate vicinity and I’ve got no other complaints. Everyone has a dog," said Ms Mullins.

Judge Harney asked her about the McGraths’ complaint of "constant barking".

"He does bark when strangers come but he is not a nuisance. I couldn’t put up with a dog barking 24/7," said Ms Mullins.

Mr McGrath then cross-examined Ms Mullins. He put it to her that he had sent 118 different recordings of barking to Ms Mullins’ solicitor.

Ms Mullins said: "He is a dog. He does bark. He doesn’t bark more than anyone else’s (dog)."

Mr McGrath then put it to Ms Mullins that she sits in her car on the phone while the dog barks and she does "nothing about it".

"Lies," replied Ms Mullins.

Mr McGrath then took the stand and said he thinks the dog is "frustrated".

"He is craving attention. He doesn’t get it," said Mr McGrath.

Mr O’Donnell said Ms Mullins’ teenage daughter was present in court and was willing to give evidence.

"She dotes on this dog. It is not lacking in affection," said Mr O’Donnell.

Regarding the 118 different recordings of barking sent to the solicitor, Mr O’Donnell said: "They could be of my dog in Bruff."

He then put it to Mr McGrath that he was "goading" the dog into barking. 

“There is no truth in that,” said Mr McGrath, who added that the "dog can’t see our property".

Separate investigations underway following death of pensioner on Limerick farm

Having heard from the various parties Judge Harney commented that she is getting two completely different stories. 

"I am completely hamstrung. Both parties are decent, law-abiding people," said Judge Harney, who requested that Garda Young visit the Mullins' home on at least six occasions between now and the next date.

She adjourned the case for a further month to hear Garda Young’s evidence on that date.