A 33-YEAR-old delivery driver who appealed his conviction for kicking a Shih Tzu dog at a house in Kinsale has had his case adjourned to December.
Stephen Desmond of Church Street, Shandon, Cork city appeared at a recent sitting of Bandon Circuit Court to appeal the severity of a sentence.
He had been prosecuted in the district court in May where he was convicted and fined €300 for the offence under the animal welfare act.
Acting State solicitor Jerry Healy told Judge Helen Boyle that the homeowner of the two dogs had checked his CCTV on October 25th last where it showed Mr Desmond exiting his van and kicking one of the dogs into the head and jaw.
‘The dog fell on its back and then took off in fear,’ said Mr Healy.
He said Mr Desmond has one previous conviction where he received the benefit of the Probation Act in 2011.
Barrister Jessica Kelleher, acting on instructions from solicitor Killian McCarthy, said his client had approached the gate of the house when dropping off a delivery that day. ‘The dogs barked and he kicked out at them. He deals with dogs on a regular basis and has been bitten before. He was under pressure that day and he couldn’t sleep after the incident,’ said Ms Kelleher.
She said he was stopping both dogs from exiting the gate and onto the road.
‘He is worried what a conviction will do for his work and any travel plans and he has put himself through UCC.
‘He’s willing to show remorse and make a financial contribution to an animal charity.’
The court heard that he called to the owner’s home the following day and apologised for what he did and offered to pay any veterinary bills. He also offered to make a charitable donation to an animal charity, but this was refused.
Judge Boyle noted that he had already received the benefit of the Probation Act before when he trespassed into a building when he was 20 years old. However, Ms Kelleher said that this occurred 12 years ago.
Judge Boyle adjourned the case to the next sitting of Bandon Circuit Court on December 5th next in order to see what order can be made.
