A Carlow man whose farm was "strewn with skeletal remains" has lost an appeal against the severity of his three year prison sentence for "shocking" levels of animal cruelty.
James Kavanagh, 48, pleaded guilty to 30 counts of causing or allowing animal cruelty at his property at Raheenleigh, Myshall, Co Carlow in April 2015.
Kavanagh was sentenced to three years imprisonment and ordered to pay €35,000 towards the ISPCA's costs, which totalled €59,149, by Judge James McCourt on 22 February. Judge McCourt also disqualified Kavanagh from having any involvement with dogs or horses for life. The maximum penalty is five years and a fine of up to €250,000.
His wife, Jennifer Kavanagh, was given a wholly suspended 12 months sentence on the same occasion after she admitted 30 counts of allowing animal cruelty.
Upholding the sentence today, President of the Court of Appeal Mr Justice George Birmingham said 340 dogs and 11 horses had to be removed from Kavanagh's premises over 11 days. In addition, 20 dogs and four horses had to be euthanised for humane reasons.
The Circuit Court heard from Garda Catríona Denneny and Conor Dowling of the ISPCA. Mr Justice Birmingham said the scene they encountered was "truly shocking" and involved "atrocious levels of animal neglect and cruelty".
Kieran Considine a vet for Carlow County Council stated that the dogs showed "signs of contagion, pathological conditions and cannibalistic tendencies".
Mr Considine also raised concern about the immediate serious risk to public health due to the feeding of carcasses and the accumulation of waste close to a water treatment plant and the River Burren.
Kavanagh claimed his premises had become a "dumping ground" for dogs after the introduction of Pet Passports in December 2014, which required all dogs and cats to be microchipped.
"It appears, though, that Kavanagh actively sought out dog breeders and others and offered to take dogs with a view to having them rehomed," Mr Justice Birmingham said.
He said Kavanagh's wife, Jenny, was licensed to operate a dog breeding establishment by Carlow County Council.
However, Kavanagh discovered it was financially more rewarding to take in dogs and transport dogs, mostly to rescue centres in England. These centres paid between €40 to €50 per dog and also covered the travel expenses.
Kavanagh's barrister, Colman Cody SC, acknowledged that what occurred was neglect, "perhaps neglect on a grand scale", but was distinct from cruel and intentional infliction of suffering.
Mr Cody said that the premises had been inspected by Carlow County Council in October 2014 and that, therefore, the shocking state of affairs in April 2015 "must be seen as having been time-limited".
Mr Justice Birmingham said it was a case of "commercial activity on a very large scale and it is an inescapable conclusion that failing to care for animals formed part of the business model".
He said it was a case of exceptional seriousness, measured by the evidence of Conor Dowling, Chief Inspector with the ISPCA, who commented that he had never come across anything like it.
In his judgment, Mr Justice Birmingham said there was one further matter the court wished to comment upon.
He said the court had been asked to deal with Kavanagh's case within weeks of the Circuit Court hearing due to the tragic loss of his teenage son in a road traffic accident.
The pressure to cope that had been placed on Kavanagh was "compounded by the shocking, indeed one can say, disgusting, response there has been on social media to the tragedy that has befallen the Kavanagh family".
He said the court did not wish to appear "hard-hearted or indifferent" but the court's role was confined to reviewing the correctness, or otherwise, of sentences imposed at first instance.
"The developments post-sentence in this case are very unusual, perhaps even to the point of being unique, and they are of course matters which the Executive is perfectly free to consider."
