Vet convicted of keeping dogs in 'atrocious' conditions has sentence overturned

He had previously pleaded guilty to seven of 10 charges under the Animal and Welfare Act 2013 at Midleton District Court, including one charge of obstructing, interfering, or impeding an authorised officer in the course of their duty.

Caroline Faherty, animal welfare Inspector with the Irish Society for the Prevention of Cruelty to Animals (ISPCA) inspected the kennels on three dates in May 2023 at Killamuckey, Mogeely, Castlemartyr, Co Cork.

She first inspected the kennels after the ISPCA received a welfare report from a concerned citizen.

She found dogs with coats matted in faeces, one with a bald patch on its back in “absolutely filthy” and very dark sheds.

Three to 4ft-high mounds of faeces and paper which rodents had tunnelled through were outside the sheds.

Some faeces had fungus growing on it because it had been there for a long time, she said.

The smell of ammonia and faeces was overpowering, she said.

The majority of dogs were behaving in a fear-aggressive manner due to lack of socialisation, she said.

Water was contaminated with faeces and shavings and some dogs had no water at all.

The dogs had nowhere clean to lie down.

When she returned days later with the dog warden and county vet, things were even worse, she said.

“The smell was absolutely disgusting,” Ms Faherty said.

I used plastic coverings over my wellies because there was nowhere clean to stand that was not covered in faeces.

When O’Reilly came to meet the inspectors, he was “immediately argumentative and very defensive,” she said.

He ascertained that he was vet and knew what was best, the court heard.

“I was shocked that he was veterinary inspector,” Ms Faherty said.

“He does similar work to what I do, trying to get people to improve the welfare of animals. 

"You would have thought he’d keep his animals in the best conditions possible — not the worst.” 

The dogs were brought to a local boarding kennels, paid for by O’Reilly, rather than being seized.

One of the dogs gave birth to nine puppies, one stillborn, so they were sent home to the O’Reillys.

Ms Faherty said she was concerned for their welfare in a “very warm” crate in a space that was almost airless and a box that did not provide enough space for the mother to take a break from the puppies.

When Ms Faherty called later to check on them, she was told all the puppies had died.

Defence barrister Jessica Kelleher said that her client was suffering due to the illness of and subsequent death of his father at the time.

He had built new kennels for some €10,000 within a month and the dogs had never been starving or underweight.

“He is undergoing disciplinary proceedings with his own job and he will probably lose his job. He’s grappling with that himself.

“He’s struggling with his own mental health.

“He has no previous convictions. And he is remorseful.

“He’s lost his father, he’s probably going to lose his job, I ask the court not to take away his dogs as well,” Ms Kelleher said.

Prosecution barrister Meg Burke said that the dogs had been kept in “deplorable conditions”.

An aggravating factor was that this man was a qualified vet, she said.

“If anyone should know who to care for animals he should.”

 Judge Colm Roberts previously convicted O’Reilly in Midleton District Court.

He was sentenced to three months in prison, suspended for two years on conditions.

He was also given two fines of €2,000 and was ordered to pay €5,000 in costs for the prosecution.

He was disqualified from keeping dogs for seven years.

And a seizure order for his dogs was made.

O’Reilly, of Primrose Banks, Cois Máigh, Mogeely, Co Cork, had been prosecuted by the Minister for Agriculture, Food and the Marine.

Judge Helen Boyle commended Ms Faherty for her professionalism.

“She saved these dogs from atrocious conditions they were kept in at times.” 

Judge Boyle noted O'Reilly's guilty plea. She said she was satisfied that the nine dogs O’Reilly still had were now being kept in much better conditions, in proper kennels with proper runs.

“I have evidence from a vet that they are being cared for and are in good health. Two have been rehomed.” 

Judge Boyle said she was sorry for O’Reilly’s loss of his father.

She had seen two medical reports and was satisfied that the animal welfare offences took place while O’Reilly suffered reactive depression and was under “enormous stress” over his father’s illness.

“This might go some way to explain why this situation arose.

“But arrangements should have been made to care for the dogs… because they were his responsibility.

“I accept that he was overwhelmed with his father’s illness but it was his responsibility to find someone else to mind the dogs if could not. He didn’t. He’s culpable for that.” 

Judge Boyle said that she would not consider the probation act and he deserved a conviction.

But considering he was “looking down the barrel” at losing his job, she said that she would reduce his two €2,000 fines to €1,000 each.

But the legal costs he owed would remain the same at €5,000.

She said she would remove the suspended sentence.

Regarding his disqualification for keeping dogs, she said that in her view, he had come a long way from May 2023.

She said that she would not impose a blanket ban on keeping animals.

She permitted him to keep the nine dogs he had, each of which she named in court.

But once five of them had died, he could only keep four dogs for six years.

Legal aid was granted considering O’Reilly had been on reduced pay and was likely going to lose his job.