A decide has ordered {that a} Dublin man’s two German shepherds be destroyed after a court docket heard the unmuzzled and unleashed canines “viciously” attacked a neighbour.
Fingal County Council introduced a case beneath the Management of Canines Act towards Khalid Hamdy, of Cedar View, Ridgewood, Swords.
He instructed Dublin District Court docket he didn’t consider his pets had been harmful. He additionally mentioned they helped him deal with post-traumatic stress dysfunction he had suffered since being incarcerated in 2019 in Egypt, with 150 males in a cell, the place he witnessed torture and 4 individuals die.
However neighbour Michael James O’Rourke instructed the court docket that on November 13 he had simply left his home to deliver his two smaller canines on a stroll when Hamdy’s German shepherds attacked them.
He instructed solicitor Michael Quinlan for the council that they had been unmuzzled and unleashed.
He mentioned it lasted 20-30 seconds however he didn’t undergo bodily accidents. Nonetheless, he described it as a really traumatic occasion, including it was fortunate there have been no youngsters within the neighborhood.
He mentioned one in all his canine’s had its harness ripped, and Mr O’Rourke added his denims had been ripped earlier than he managed to get again inside.
In cross-examination, he replied: “I have no idea the person,” when requested if he had altercations with him previously.
One other couple instructed the court docket they witnessed it and claimed Hamdy’s canines had repeatedly gone into their backyard after a storm knocked down fencing beforehand
Complaints
The court docket heard after complaints, gardaí discovered the door to Hamdy’s residence was open, and nobody got here out for 20 minutes.
Nonetheless, Hamdy didn’t see what occurred and instructed gardaí the canines should have opened the entrance door to get out. Later, he claimed there had been a break-in at his residence, which brought about the German shepherds to flee.
Hamdy mentioned he reported it to gardaí when he observed injury to his door and objects lacking from his home.
He additionally denied claims by the witnesses there had been issues along with his canines previously.
The canine warden seized them on the day of the incident and had them in a pound since then.
Hamdy instructed the court docket he had undergone coaching to deal with them, and there was zero likelihood they might get out once more.
‘Very troublesome case’
Describing it as a “very troublesome case”, Choose Anthony Halpin mentioned he would cope with the case clinically, bearing little consideration to the interpersonal difficulty between Mr Hamdy and his neighbour Mr O’Rourke, as a result of it didn’t have an effect on the precise matter earlier than the court docket.
The only level was that on November 13, the 2 German shepherds brought about injury in an assault on an individual who had been along with his smaller canines.
He mentioned proof from a canine behaviour specialist employed by Hamdy offered a extra anodyne account of the assault.
Nonetheless, the court docket appeared not solely on the chunk however the aggressive and provocative behaviour of the canines, and the stress, nervousness and concern engendered, along with the absence of restraint and muzzle, “positioned the incident on a considerably larger scale”.
He famous the complainant detailed the extent of aggression exhibited, which was unacceptable, and the court docket accepted his model. “And to my thoughts, the incident constitutes a vicious assault,” Choose Halpin mentioned.
He accepted the canines had been a supply of consolation for Hamdy however they had been a restricted breed and never beneath efficient management or muzzled on the time.
Hamdy’s barrister requested the court docket to notice his proof that he would put extra measures in place to stop the canines from getting out. Counsel additionally identified that the male canine was the primary protagonist and returned to the assault, however the bitch retreated.
Nonetheless, Choose Halpin mentioned that taking all issues into consideration, he needed to make an order of destruction for each canines and fee of €4,000 in prices.
He added that Hamdy wouldn’t have been in court docket had they been beneath efficient management.
The decide positioned a keep on the destruction order for 2 weeks and adjourned the case till February 14 in case an attraction is lodged.