At Clonmel Circuit Court on Tuesday 18th February 2025, A 70-year-old woman of Deise Animal Sanctuary, Knocknaree, Ballymacarbry, Co. Waterford appealed the severity of the sentence imposed by Judge Brian O’Shea in the District Court in November last year.
At that time, the woman admitted to causing suffering to, or endangering the health and welfare of a variety of animals and also admitted offences connected to the microchipping of dogs. Judge O’Shea sentenced the defendant to eight months imprisonment, disqualified her from owning all animals for 20 years, and imposed a fine of €1,500.
At Tuesday’s appeal hearing the court heard evidence from Ann Quinn, Superintending Veterinary Inspector with the Department of Agriculture Food and the Marine (DAFM), who described conducting a number of inspections of Deise animal sanctuary between February and June 2023.
She said that the conditions on-site were “very unsatisfactory” and described barren environments, soiled bedding and animals deprived of necessary veterinary attention. In addition to animal welfare concerns, Ms. Quinn highlighted a lack of record keeping and said that the accused was unable to say how many animals were on site.
Ms. Quinn told how she served a notice on the defendant requiring that no more animals be taken in, that existing animals be provided with appropriate vet treatment, housing, and care, and that records be made available to officials.
But further visits found that conditions had not improved, and the health and welfare of some animals deteriorated over time. Animals were removed on a number of occasions with the assistance of the ISPCA. Ms Quinn said that she was concerned about defendants “unwillingness to comply with instructions”. She also said that records obtained from the defendant’s own vet “demonstrated pervasive failure to follow veterinary advice”.
ISPCA Senior Inspector Lacey also gave evidence of being present for six inspections of the premises in the course of which a total of 50 animals were removed. She told the court how these animals included a Harris hawk with a brass ring embedded in the skin of its leg; a number of buzzards with long-standing injuries, one of which was self-mutilating; a pigeon with an open fracture to its wing with its bone exposed; cats with heavily matted and contaminated coats; owls in barren environments; and pigs with chronic skin conditions that didn’t receive veterinary care.
Ms Lacey also spoke of a fox named Shadow who had been confined in a small barren pen for six years, since he was a cub. When no improvements had been made to his accommodation, he was seized on 30th June 2023. Inspector Lacey told how, when the fox was being seized, the accused said: “Why would you want him? he’s only vermin”. Inspector Lacey said: “it was disheartening to hear a sanctuary owner speak in such a way”.
Acting for the defendant, Martin Dully BL said that he was instructed to offer an “utterly unequivocal and unconditional apology”. He said that the conditions observed by the ISPCA were “appalling” and “had to be acted upon”. His client had pleaded guilty and recognised that there must be consequences, but he suggested that a custodial sentence was “neither appropriate nor justified”. He also said that his instructions were that the defendant’s estranged husband was responsible for the care of some of the animals.
Mr Dully said that, since the age of 16, the defendant’s entire life had been dedicated to the care and welfare of animals and had been operating her sanctuary for years with a policy to take in any abandoned animal and not to euthanise any animal. He cited Covid as a “catalyst” for the deterioration in conditions and suggested that huge numbers of animals were “dumped at the front door of the sanctuary. He said that his client “couldn’t say no” and was “simply overwhelmed”.
Mr Dully described the publicity around the initial court case as having a “shaming” effect on his client and said that she is now a “pariah” among some. He said that she is in very poor health and was living on the sanctuary but divorced from its operations. He presented to the court “an extraordinary number of testimonials” on behalf of the accused.
After taking a recess to read details of financial accounts and testimonials, Judge Catherine Staines said that the accused had received “very significant funding” for the operation of the sanctuary. She said that the testimonials furnished to the court were very different to a woman who had pleaded guilty and were “clearly at odds with the evidence”. She noted that two were from vets who had never visited the Deise sanctuary.
Saying that “someone looking after animals must be capable of looking after them”, Judge Staines ruled that the original sentence imposed was appropriate but, taking into account the defendant’s health and no previous convictions, she suspended the custodial sentence for one year on condition that the accused not have possession or control of any animals save for one pet dog, and that she not allow a sanctuary to operate on her premises.
Judge Staines adjourned the matter until 21st March to allow for the rehousing or surrender to the ISPCA of the remaining animals saying: “I must stress that Deise sanctuary is not to operate from this premises”.
Senior Inspector Alice Lacey said: “The outcome in the Circuit Court of Appeals was welcomed. This case as a whole highlights the potential legal consequences of a person who has chosen to have animals in their care and fails to provide for them much needed veterinary treatment, proper animal husbandry and the general commitment and dedication that they have a right to receive in order to thrive. At the end of the day, the animals are the defenceless ones. They look to us to ensure their physical and mental health and wellbeing requirements are met. We must always endeavour to do right by them. It isn’t a choice, but a legal obligation”.
ISPCA Animal Welfare Inspectors work tirelessly in extremely challenging situations rescuing vulnerable animals that are suffering from cruelty and neglect. Please consider making a life-saving donation today to support our vital rescue and rehabilitation work by visiting: https://ispca.ie/donations/
Please continue to report any animal welfare concerns to the ISPCA’s National Animal Cruelty Helpline on 0818 515 515, report online at: https://ispca.ie/report-cruelty/ or email [email protected].
