A former dog breeder and her two sons who became involved in a standoff with a veterinary inspector, ISPCA inspector and council officials pleaded guilty to obstruction in Mallow District Court yesterday.
Eily O'Callaghan and her sons Thomas O'Callaghan and Michael O'Callaghan of Knockduff Upper, Meelin, Co Cork pleaded guilty to one count each of obstruction under Section 44 of the Animal Health and Welfare Act 2013.
Giving evidence, Cork County Council veterinary inspector Carol Nolan said that on 7 November 2023 she carried out an inspection at Eily O'Callaghan's premises accompanied by ISPCA inspector Emma Carroll and two dog wardens from Cork County Council.
She told the court that during the inspection a male poodle in very poor condition was found on the premises. The dog was very thin, nervous and smelled of urine and it was decided to seize the dog based on "extensive non-compliance with the Animal Health and Welfare Act".
Ms Nolan said that the inspection had begun at about 11.45am and she had called Ms O'Callaghan to inform her an inspection was taking place and left a voicemail message to that effect.
She said that within ten to 15 minutes of leaving a message, Ms O'Callaghan and her two sons Thomas and Michael arrived in two separate cars.
Ms Nolan told the court that when she advised Eily O'Callaghan the dog was being seized "she became defensive" and claimed the dog was well looked after.
She said that Ms O'Callaghan refused to allow the dog to be removed and insisted the dog be examined by her own vet.
Ms Nolan said that her car and the ISPCA inspectors van were then blocked in on the premises by the O'Callaghan's own vehicles, preventing them from leaving the premises.
Ms Nolan said that Ms O'Callaghan began shouting, mentioned Ms Nolan's home address and said "you can arrest me" and described Emma Carroll as "ISPCA scum".
Thomas O'Callaghan also told the officials "you're not leaving lads" and Ms Nolan called the gardaí for assistance. The court heard that two gardaí arrived about 20 minutes later but the O'Callaghans would still not allow the vehicles to leave.
After more than an hour and a half, Eily O'Callaghan agreed to allow the dog be inspected by her vet a short distance down the road and the officials were allowed to leave.
Ms Nolan said at this stage it was more than four hours since she had arrived to carry out the inspection.
Defence Barrister Paula McCarthy said that Eily O'Callaghan was no longer breeding dogs and also suffered from a heart condition.
She said that the defendants could have taken a different course in the proceedings but had opted to plead guilty.
She said: "Rightly or wrongly she didn't want the dog to leave before her vet had attended to it. She accepts she was wrong and is remorseful. Tempers were high and this was out of character."
Ms McCarthy added that her client had since attended an animal welfare course.
Judge Colm Roberts said: "What about a course in charm and how to deal with people?"
He said that he could understand how the "boys would take their mother's side" but they "are strapping fellas and that can be intimidating. The physicality of the situation needs to be noted."
The judge said that Eily O'Callaghan should have "calmed down and taken a breath".
He added: "She needed to address this matter in a manner that is respectful and polite. You cannot expect to be treated with respect if you don't show respect."
"It is totally unacceptable to describe members of the ISPCA as 'scum'. They have the highest respect in this court," the judge said.
Donnchadh McCarthy, acting for Cork County Council, said that legal costs of €2,460 had been incurred as a result of the prosecution and the court heard that the O'Callaghan's had no previous convictions.
Eily O'Callaghan did receive the benefit of the probation act in 2023 for breeding dogs without a licence the court was told.
Judge Roberts said that on the basis, Ms O’Callaghan was out of the dog breeding business and accepting she was remorseful and somewhat embarrassed he would deal with the matter by way of Section 1.2 of the Probation Act.
She was given a conditional discharge and ordered to lodge €500 which will be returned to her in two years if she keeps the peace.
She was also ordered to donate €3,500 to the ISPCA.
Thomas and Michael O'Callaghan were each ordered the donate €1,000 to the ISPCA and given the benefit of the Probation Act. The matter was adjourned to 17 February for finalisation.
