A LOOSE dog that jumped out of a car, and ran towards a man walking his own two dogs nearby, led to an assault conviction at a recent sitting of Skibbereen District Court.
BY DAVID FORSYTHE
Court presenter Insp Roisín O’Dea said that Donal White was walking his two Jack Russell dogs in Skibbereen at about 6pm on June 24th, 2023.
As he was walking past the entrance to Pound Hill, a car drove into the estate and pulled up outside a nearby house.
As the occupants got out, a large lurcher-type dog ran towards Mr White, whose own dogs were both kept on leads.
Giving evidence, Mr White told the court that the dog approached at speed and was baring its teeth and behaving in a ‘vicious’ manner.
Mr White said that he kicked out at the dog to try to protect himself and his own dogs.
He said that a woman who had got out of the car, identified as Celine MacDonald, quickly came after the dog calling it back.
Mr White said that a man, identified as Dean Coleman, 27, of Monastery Terrace, Cork arrived shortly afterwards and came towards Mr White and shouted: ‘Don’t you kick my fucking dog’. Mr White said that Mr Coleman then raised his leg to kick him and he managed to defend himself by raising his arm but was knocked to the ground. He said that Ms MacDonald showed concern for him and helped him up and also asked Mr Coleman ‘What did you do that for?’
Insp O’Dea told the court that Mr White sustained a broken arm as a result and for six weeks was unable to work at his job in a local hardware store and as a part-time firefighter. She said he was at a significant loss as a result of the alleged assault.
Defence solicitor Flor Murphy said it was his client’s assertion that Mr White kicked the dog three times and that he was not knocked to the ground by Mr Coleman, but tripped as he became tangled in the leads of his own two dogs.
Garda James Crowley told the court that he arrived at Pound Hill shortly after the incident.
He said that he had met Mr Coleman and Ms MacDonald who were on their way back down to Mr White’s house to see if he was okay but he advised them that Mr White was being taken to Cork University Hospital for assessment.
Gda Crowley said that Mr Coleman had told him that the dog which had got loose was a lurcher-Staffordshire bull terrier cross. The dog was not licensed at the time of the incident and when it was later registered it was described as a ‘lurcher cross’. Gda Crowley told the court that a Staffordshire bull terrier cross is a restricted breed and should be kept on a short lead and muzzled in public at all times.
Giving evidence, Celine MacDonald told the court that she momentarily lost control of the dog as she was taking shopping out of the car.
She said the dog was restrained in the car by a harness but admitted releasing the dog before it ran off.
She said the dog was not vicious and was a lurcher-border collie cross and not a Staffordshire bull terrier. She said that Mr White had kicked the dog three times and the dog ran away in fear.
Giving evidence, Dean Coleman admitted swearing at Mr White and raising his leg but denied making any contact with the injured party.
He also claimed that the dog in question was a lurcher-collie cross. He said that after the incident the dog had some dried blood on its stomach and an injured paw.
He told the court that he saw Mr White kick the dog three times and trip when he got tangled in the leads of his own dogs.
When shown a picture of the dog, Judge Marie Keane said it clearly was not a collie-type dog.
She described Mr Coleman’s evidence as ‘a tissue of lies’ and did not accept that Ms MacDonald had told the truth in relation to Mr Coleman.
The judge said that Mr Coleman’s lack of empathy for Mr White was ‘breath-taking’, adding that he showed no regard for the situation Mr White was in.
She said she was satisfied that Mr White’s evidence was correct and added that the dog was clearly a restricted breed that wasn’t licensed and should have been muzzled.
The court heard that Mr Coleman had no previous convictions and he was convicted of assault causing harm and also of keeping a dog without a licence. The case was adjourned until April 22nd, 2025 for payment and penalty.
The judge indicated that compensation of €3,000 would be necessary.
