Galway Bay fm newsroom - The High Court has awarded €2,000 to a city man whose horse was destroyed by Galway county council over unpaid impounding fees.
The award was made in favour of Edward McDonagh who was the owner of the stallion, "Chief of Colours" against the County Council by Mr Justice Garrett Simons
Mr McDonagh, is a settled Traveller father-of-eight from Bothar an Coiste, Headford Road
The council claimed the horse was wandering on Headford Road, Galway, on February 11, 2018, when it was seized.
It was destroyed on April 13th 2018 after Mr McDonagh, who rejected the council's claim that the horse was found wandering the road, refused to pay a €3,000 impounding and vet's fee charge.
Mr McDonagh brought High Court proceedings challenging the council's actions.
Last May Mr Justice Simons ruled the council had acted unlawfully when it destroyed the horse rather than deal with the €3,000 fee by way of sale of the animal or debt collection.
The Council argued that it was not liable to pay Mr McDonagh any damages, on grounds including that there are strong public policy considerations that militate against making public authorities pay damages.
The council also argued that the powers under the 1996 Control of Horses Act are exercised for the public at large and that Mr McDonagh had not established ownership of the horse.
The council's expert valued it at €1,500 whereas Mr McDonagh's vet told him it was worth up to €35,000 for its breeding value.
In his judgement today the Judge said the council had acted in excess of its statutory powers in destroying the horse and said Mr McDonagh was entitled to a declaration from the court to that effect.
He found that that there were no public policy considerations that militate against the imposition of a liability to pay damages in this particular case.
The imposition of having to pay damages, the Judge said, was necessary to ensure compliance with the statutory requirements and to vindicate the property rights of the owner.
The judge said that the value of the horse in this case was modest and that the appropriate award of damages was €2000.
He added sight could not be lost of the wider principle that public authority is liable for its actions in the same way as the private sector.
