A ‘paws’ for Christmas in Limerick dog barking case

THE CASE of a dog that is allegedly “constantly barking” has legs, as it has been adjourned for a third time at Kilmallock Court.

In September, 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”.

Ms Mullins, the owner of the dog called Bailey, said the McGraths claim that the barking is impeding on their enjoyment of life is “lies".

Last month, Judge Patrica Harney said: “I am completely hamstrung. Both parties are decent, law-abiding people.”

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She requested that Garda Robert Young visit the Mullins' home on at least six occasions and report back on what he finds. Judge Harney adjourned the case for a month to hear Garda Young’s evidence.

This month, Judge Harney asked Garda Young how did he and the dog get on?

Garda Young said on October 16 at 9.35am he called but there was no dog in the pen.

“On October 17 at 12.30pm the dog was in its pen and was not barking. I stayed in the vicinity for 10 minutes. On October 31, at 1.48pm the dog was in its pen. I pulled into the yard. The dog barked when I pulled in. It stopped after a minute. On November 11 at 8.42am there was no dog in the pen. At 1.28pm on the same day the dog was in its pen and not barking. On November 13, at 12.10pm the dog was in its pen, all quiet,” said Garda Young.

Mrs McGrath asked the garda if the occupants of the house were there when he called?

Garda Young said he spoke to Ms Mullins on one occasion but was not aware who was in the house during the other visits.

Mrs McGrath said when the occupants are not there the dog is quiet but when they are at home the dog is “reactionary”.

“The occupants come in and out, sit in their car and go between houses,” said Mrs McGrath.

Mrs McGrath put it to the garda that the dog’s pen is in front of Ms Mullins’ house.

The court heard that the McGraths live across the road.

“If they could move the pen to the side or the back he would be less reactionary?” asked Ms McGrath.

Judge Harney said this is a matter of opinion but Garda Young could answer if he wanted to.

“He is not barking all the time. All dogs bark when someone comes into the yard,” said Garda Young.

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Bill O’Donnell, solicitor for Ms Mullins, asked Garda Young if he had any welfare concerns?

“No. The dog is healthy and well treated,” said Garda Young

Mr O’Donnell said there is always somebody in the house as an elderly person resides there.

“They did move the pen to the back of the house as a trial but the dog was barking like mad. It was unsettled and didn’t eat,” said Mr O’Donnell.

Judge Harney said the McGraths are very clear and unequivocal in their evidence.

“They say the barking is intolerable, they made efforts to speak to the owner and come to an agreement. They believe the dog is confined in a pen most of the day.

“Ms Mullins said the dog is walked on a continuous and ongoing basis, is not barking constantly and only barks when a car pulls in,” said Judge Harney, who also referred to Garda Young’s evidence from his six visits.

“There is no doubt about it - a barking dog is a very annoying thing for neighbours. Both sides are decent and honourable people and both feel in the right,” said the judge, who issued an abatement order - a legal document telling someone that they must stop doing something that is causing a problem for other people.

“I’m putting the matter back to January to see how it has progressed. It isn’t for me to tell anyone (what to do). Neighbours are being affected. The McGraths are entitled to a degree of comfort,” said Judge Harney, who has spoken to fellow judges about complaints over dog barking.

“One spoke of a dog attending a training course or doggie creche. It is not a suggestion from me. I am not making any order but an abatement order,” said Judge Harney.

Mr O’Donnell made an application that the McGraths stay away from the Mullins household.

“Some dogs only bark at the postman,” said Mr O’Donnell.

Judge Harney declined, saying they (McGraths) live across the road and “while a little distance might be healthy I am not prohibiting them from going up and down the road”.

“I will take up the matter on January 17. I hope everyone has a very happy Christmas,” concluded Judge Harney.