A choose has ordered {that a} Dublin man’s two German shepherds be destroyed after a courtroom heard the unmuzzled and unleashed canines “viciously” attacked a neighbour.
Fingal County Council introduced a case beneath the Management of Canine Act in opposition to Khalid Hamdy, of Cedar View, Ridgewood, Swords.
He instructed Dublin District Courtroom he didn’t consider his pets have been harmful. He additionally mentioned they helped him address 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 folks die.
However neighbour Michael James O’Rourke instructed the courtroom that on November 13 he had simply left his home to carry his two smaller canines on a stroll when Hamdy’s German shepherds attacked them.
He instructed solicitor Michael Quinlan for the council that they have been unmuzzled and unleashed.
He mentioned it lasted 20-30 seconds however he didn’t endure 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 every of his canine’s had its harness ripped, and Mr O’Rourke added his denims have 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 up to now.
One other couple instructed the courtroom they witnessed it and claimed Hamdy’s canines had repeatedly gone into their backyard after a storm knocked down fencing beforehand
Complaints
The courtroom heard after complaints, gardaí discovered the door to Hamdy’s house was open, and nobody got here out for 20 minutes.
Nonetheless, Hamdy didn’t see what occurred and instructed gardaí the canines will need to have opened the entrance door to get out. Later, he claimed there had been a break-in at his house, which brought about the German shepherds to flee.
Hamdy mentioned he reported it to gardaí when he seen harm to his door and objects lacking from his home.
He additionally denied claims by the witnesses there had been issues along with his canines up to now.
The canine warden seized them on the day of the incident and had them in a pound since then.
Hamdy instructed the courtroom he had undergone coaching to deal with them, and there was zero likelihood they’d get out once more.
‘Very troublesome case’
Describing it as a “very troublesome case”, Decide Anthony Halpin mentioned he would take care of the case clinically, bearing little consideration to the interpersonal challenge 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 courtroom.
The one level was that on November 13, the 2 German shepherds brought about harm 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 supplied a extra anodyne account of the assault.
Nonetheless, the courtroom appeared not solely on the chunk however the aggressive and provocative behaviour of the canines, and the stress, anxiousness and worry 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 courtroom accepted his model. “And to my thoughts, the incident constitutes a vicious assault,” Decide Halpin mentioned.
He accepted the canines have been a supply of consolation for Hamdy however they have been a restricted breed and never beneath efficient management or muzzled on the time.
Hamdy’s barrister requested the courtroom to notice his proof that he would put extra measures in place to forestall the canines from getting out. Counsel additionally identified that the male canine was the principle protagonist and returned to the assault, however the bitch retreated.
Nonetheless, Decide Halpin mentioned that taking all issues under 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 courtroom had they been beneath efficient management.
The choose positioned a keep on the destruction order for 2 weeks and adjourned the case till February 14 in case an enchantment is lodged.
