Galway Bay fm newsroom - The owner of a thoroughbred horse has sued Galway County Council over what he claims was the local authority's wrongful seizure and subsequent slaughter of the animal.
The action has been taken by Edward McDonagh of Bothar an Coiste, Headford Road in respect of a stallion he owned called 'Chief of Colours', which was seized by the local authority in February 2018.
In what are judicial review proceedings Mr McDonagh seeks various orders and declarations against Galway Co Council.
These include that the council acted outside of its powers when it refused his request to release the horse and when it euthanised the horse as a manner of enforcing a debt of which there was a genuine dispute.
He also seeks declarations that the council's policy of detaining and disposing of horses where fees have not bee paid, the failure to provide Mr McDonagh with information legitimately requested, and its failure to engage with him, and its respect of his constitutional rights to fair procedure.
He further seeks damages for the wrongful and unlawful slaughtering of his horse.
The claims are denied.
Opening the case at the High Court, Micheal O'Higgins SC told the court that his client's horse was seized by the council in February 2018.
Counsel said it is Mr McDonagh's case that the horse was properly and adequately fenced in a field outside Galway City for 3 years prior to its seizure.
Initially, the Council denied taking the horse, but later admitted it had done so.
Counsel said Mr McDonagh had the horse microchipped, had through his solicitor sought the reasons behind the seizure, as well as the return of his horse.
The council said in reply that the horse had been seized due to several breaches of the Control of Horses Act and that a horse passport issued by the Ireland & GB Standardbred Trotting Horse Association was not acceptable identification.
On 13th April 2018, Mr McDonagh was informed by the council that if he did not pay fees for keeping the horse of €3,100 it would have the horse put down.
Counsel said that his client also rejects any claim that the horse was not in good health when it was seized.
The claims are denied, and the council says its decision to detain, withhold and dispose of the horse was valid and done in accordance with law, in particular, the council's bylaws enacted under the 1996 Control of Horses Act.
Justice Garrett Simons is to give judgement in the matter after Easter.
