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Co Donegal

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Farmer banned from keeping animals for life 26.07.07

AN INISHOWEN farmer has been banned from keeping animals for life and jailed for six months after his conviction for abandoning a horse that was found dying in a quarry.
Joseph Glackin, Lisfannon, Fahan, pleaded not guilty to the offences which occurred in June 2006. Garda Gerry Vaughan of Burnfoot garda station told the court he received a report of an abandoned horse at a local quarry at Crislakeel, Burnfoot, on the afternoon of June 21st, 2006.
When he arrived, he found the grey horse, "shivering and wet" with ribs protruding and with blood on her chest and one of her legs. He said there was no grass, no water and no form of shelter for the animal and he believed she was dying. His colleague, Garda Patrick Henry, told the court he had never before seen a animal in such a bad state.
Carrie Keogh, chief welfare officer with the Irish Horse Welfare Trust, told Buncrana District Court she travelled from the Midlands to Burnfoot the following day to examine the horse at the request of the Irish Society for the Protection of Cruelty to Animals (ISPCA).
She said the animal was about two years old, in distress, underweight and did not have a good covering of flesh. "Her coat was wet, she was dehydrated, missing hair and had lice crawling on her skin," she said. Ms. Keogh used a mobile scanner which detected a microchip. Gardai seized the animal and Ms. Keogh transported her to her equine centre in the Midlands. She told Judge Desmond Zaidan that the Irish Draught Society later identified the registered owner through the microchip as the 58-year old defendant, who had a previous conviction in 2000 for animal cruelty, in relation to sheep.
Defence solicitor Paudge Dorrian asked for the case to be dismissed saying there was a "gap in the chain of evidence". He argued that there was no evidence to prove that the required authorised agents, under the Act, dealt with the case and he argued that the summons was not brought under the appropriate section of the Act. He also argued that there was no acceptable evidence of ownership of the animal given by the prosecution.
Garda Inspector Mick Coppinger rejected these submissions and said the gardai acted in good faith and within their powers.
There were heated exchanges between Mr. Dorrian and Judge Zaidan when Mr. Dorrian accused the judge of not giving him the opportunity to go into evidence when his submissions were rejected.
Judge Zaidan said Mr. Dorrian had "done nothing but try to frustrate the case". He told Mr. Dorrian it was not for him to advise him on his proofs and that he should have asked to go into evidence.
He imposed a six month jail term on each of the two charges, to run concurrently. He granted forfeiture of the horse, which had made a full recovery, to the Irish Horse Welfare Trust. He also ordered the defendant to pay, forthwith, expenses of €6,460 - the bill for a year's care and medical treatment of the horse. Finally, he disqualified the defendant from keeping animals for the rest of his life. Glackin was granted bail on his own bond of €3,000 with an independent surety of €8,000 of which €7,000 had to be lodged in cash.
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