Letterkenny man jailed for animal cruelty after days old foal attacked by dogs

A Letterkenny man has been jailed for animal cruelty.

A piebald foal that was just days old had to be put down after being neglected by owner Danny Connors who went on a drinking spree to celebrate the birth of the animal.

The foal was attacked by Connors’ two lurcher dogs, which were also put down following the incident.

Father-of-seven Connors, who has 35 previous convictions, was sent to prison by Judge John Aylmer when he appeared at Letterkenny Circuit Court.

The 49-year-old, of Canal Road, Letterkenny pleaded guilty to a charge of animal cruelty, contrary to the Animal Health and Welfare Act, 2013.

Garda Barbara Doherty told Ms Fiona Crawford BL, prosecuting, that she attended a property at Canal Road, Letterkenny, on January 16, 2020.

Garda Doherty said a foal was laying outside the stable and she observed a ‘large wound’ on its right hip.

The foal was shivering and unable to stand up. After speaking with ISPCA inspector Kevin McGinley, Garda Doherty returned at 6pm, by which time the foal was inside a shed.

A vet, Dr Leslie Smyth, arrived and said the foal was ‘three of four days’ old. The foal was unable to get to its feet and was shaking with an eight-inch wound that reached the animal’s skeleton. The court heard that there was no floor covering with just ‘bare concrete and soil’.

Dr Smyth assessed the foal and said the wound was consistent with an attack by a dog while the mother of the foal was also in the shed.

The court heard that the foal was ‘suffering unnecessarily’. Dr Smyth noted that the foal was septic, in pain and in discomfort. The condition was likely to be fatal and the foal was subsequently put down.

Two lurchers were also present on the site.The lurchers, with the consent of Connors, were taken away by the dog warden and were also put down.

When Gardai spoke to Connors and asked him who looked after the dogs, he said: ‘They just do their own thing. They just run in and out of the sheds’. Connors told officers that he thought the foal had been given baby powder in an attempt to stop the bleeding.

Judge John Aylmer. (North West Newspix)

Connors paid €60 for the attendance of the vet and also made a donation of €40 to the ISPCA on the day.

The court was informed that Connors has 35 previous convictions for offences ranging from road traffic, public order, theft and assault.

Barrister for Connors, Mr Ciaran Elders BL, instructed by solicitor Mr Michael Shiel, said this was ‘not a crime of intent’.

“He has been raising horses with his father since he was about seven years of age,” Mr Elders said. “This was a wholly unfortunate accident. This was not an act committed by Mr Connors. There was no intent to inflict pain on the foal.

“It was his fault that the foal was injured, no doubt about that. It was in pain for too long.”

Mr Elders said Connors was delighted at the arrival of a piebald foal, a sought-after breed, having forked out €1,400 for a stallion to stand for the mare.

“He did wet the foal’s head and went to town on wetting the foal’s head to the extent where he didn’t take care of the foal itself,” Mr Elders said. “It was a time of celebration for him that turned into a nightmare when the dogs attacked.

“This was wholly accidental, totally unforeseen and totally without intent.”

Mr Elders said Connors no longer has horses having sold a horse he had for racing purposes.  Mr Elders said Connors is ‘deeply sorry’ for the incident.

A probation report said that Connors ‘presented genuinely contrite and sad’.

Judge John Aylmer said the seriousness of the offence was reflected in the penalties, with a maximum of five years imprisonment and/or a fine of up to €250,000 provided for.

Judge Aylmer said he placed the culpability of Connors on the mid-range and said the incident merited a starting point of three years in prison. He said he had to have regard for the fact that Connors was informed of the attack and went to the scene, observed the foal and proceeded to leave.

In mitigation, Judge Aylmer noted that Connors had no previous convictions for animal cruelty and said the accused ‘appears genuinely to be an animal lover all of his life’.

“The only explanation for his behaviour, and it is not an excuse, is the fact that he was drinking to excess.”

Judge Aylmer said he accepted that Connors was remorseful and reduced the sentence to one of two years in prison..

“I take the view that this offence is well above the custody threshold and there must be a custodial element,” Judge Aylmer said.

The final 12 months of the sentence were suspended on Connors entering into a bond in the sum of €100 to keep the peace and be of good behaviour for a period of 12 months. Connors is also to be placed under probation supervision for 12 months after his release and was ordered to abstain from alcohol.

Connors was also banned from keeping or working with animals for a period of five years.

Family members were present in court as Connors was led away by prison officers.