Rathmolyon man appeals dog cruelty case sentence

A man who kept 10 German shepherd dogs in a "filthy and emaciated state" had his prison sentence suspended following a successful appeal.

Gavan Brilly (33) from Clarkstown, Rathmolyon pleaded guilty at Navan District Court to six charges of cruelty and neglect of the dogs on 26th January 2024.

Chief Inspector of the NSPCA Connor Dowling told the court on 26th January last year he was at Clarkestown, Summerhill due to concern over welfare of dogs.

There were nine kennels housing 11 dogs with one dog deceased. The kennels were well constructed but in poor condition. They were covered in faeces with only dirty water or no water at all in some. Two of the dogs were struggling to walk and the court heard the smell was "horrendous".

Two dogs were allowed into the yard before securing them and they were licking water off any source they could find.

The animals were brought to the vet where several had prominent bones showing, sloped spines and hind legs, and smelled of ammonia and faeces.

Three of the dogs died in the following months while the remaining seven recovered and were rehomed.

In Navan District Court Judge Eirinn Mckiernan said "it is completely and utterly unacceptable" what the accused had allowed to occur. Mr Brilly was given a three month sentence, and the judge directed him to pay costs of €23,000 and disqualified him from keeping animals for 10 years.

The defence appealed the severity of the sentence and the case was brought to Trim court on 4th December.

Defending barrister Fergal McMorrow told the court he is separated from his partner and caring for a seven year old who was diagnosed with autism at the age of two. The child has significant challenges and attends special schools, requiring a lot of support from the accused.

The defence told the court the accused acquired his passion for dogs from his father and he took over the business. This was going well until a freak accident left Mr Brilly and he had unresolved mental health difficulties at the time which led to the neglect of his dogs.

The defence put to the court that the accused was taking care of the dogs only shortly before this incident and "these things were getting on top of him".

Judge Martin this is three months of neglect which is a considerable amount of time.

The judge rejected the fine appeal on the basis that it was for vets and animal care and transport costs, not for legal costs.

Judge John Martin said the accused has given various explanations "for abject cruelty" that were apparently well loved and it is hard to reconcile that they were well cared for before this.

Judge Martin said It is astonishing "that you didn't have the where with all to attend to your animals" and had "11 german shepherd dogs left to rot"

The judge said hearing the autism diagnosis was a terrible blow but it was a few years before this incident. The judge accepts Mr Brilly contributes to his son's life "and he mightn't understand the loss of you from his life"

He also notes the accused is apologetic but "I don't think the dogs will understand that".

The defence told the court that colleagues who are familiar with these cases have said they have not seen costs this high.

Judge Martin said it "defies logic" that he shouldn't be the one paying the costs for the dogs and he isn't sure who he the accused thinks should pay the costs

The sentence was increased to 6 months and suspended for 18 months. He is also still disqualified from keeping dogs for ten years and the judge directed that his peace bond is “to include all animals”.