One of two German Shepherds impounded following a reported attack on a teenager, later had to be destroyed after being involved in an incident in the pound, an incident described in court as being so “disturbing” both animals had to be put down.
The owner of the dogs, Charlene Curran of Bracklin Road, Edgeworthstown, Longford, appeared in court last week charged with the offence of having an uncontrolled dog, contrary to Sections 9 and 27 of the Control of Dogs Act 1986.
The court heard that the dog had wandered out onto the road and jumped on the then-13 year old as he walked home from school. Giving evidence in court, the teen said a white dog had pushed him onto the road before biting his left leg and right elbow. He recalled how he ran down the street, losing his schoolbag and shoe in the middle of the road as he fled.
The abandoned belongings, the court heard, were later picked up by an unidentified stranger and placed at the side of the road.
During cross examination of the teenager, solicitor for Charlene Curran, Mr John Anderson, asked what had prompted the dog out onto the road.
“What were you doing to the dog before it came out?” he asked.
“As I looked at it, it came out,” the now-15 year old replied.
As the questioning continued, Mr Anderson turned to the issue of how the schoolboy’s injuries had been treated, adding that the schoolboy’s claim of having received a stitch was not supported by the details within the medical report.
“Do you understand this is a very serious case and you are under oath? You can’t just make this up?” Mr Anderson asked the teenager.
Prosecution for the State, Inspector Brian Boland, intervened, pointing out, “this witness is currently 15, and was 13 when this incident happened…He’s not a medical doctor!” to which Judge Owens responded that Mr Anderson was entitled to cross examine the witness.
A second witness, the teenager’s cousin, was also called to take the stand. Now 18, the girl told the court that she and three others had been walking a few metres behind her cousin when she heard him scream.
She said she looked up and saw him in the middle of the road with the dog on top of him. She recalled the dog running back towards the house when a person from within the property appeared.
The girl recalled having seen the dog on previous occasions and added that it was usually chained when the gates were open.
Mr Anderson pointed out to the court that the teenage boy had “made no mention at all in his directive” that his cousin and her friends had witnessed the attack.
Continuing his cross examination, Mr Anderson asked if anyone had taken photos or a video of the incident, The girl replied no, but said they had all been “surprised.” In response, Mr Anderson said, “It’s fair to say a camera would be taken out at the drop of a hat when there’s something going on, would you not accept? Three people with you, and no one took out their phone?”
“No” she said.
“What were the others at?” he asked. “Standing next to me.”
When later asked if her three acquaintances made statements to the Gardaí about the attack, the girl replied 'no' adding, “we didn’t know where they lived or their surnames.”
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Addressing the court, Sgt James Rowan said that on December 14, he obtained a warrant from Mullingar District Court to seize the dogs. Sgt Rowan said he observed upon entering, an Alsatian dog chained to a caravan “barking viciously”, and a second chained dog - a large white Alsatian cross dog - “barking and jumping up on his hind legs in a vicious manner.”
The sergeant said when Charlene’s sister, Terri Ann Stokes, answered the door, he informed her he had a warrant to seize both dogs and that when Mr Curran arrived home, he replied, “shove it up your…” when offered a copy of the warrant.
Sgt Rowan said when he explained to Mr Rowan what had happened to the 13 year old boy, Mr Curran replied, “Show me the evidence! They never bit anyone!”
Said Sgt Rowan, “He became aggressive. Again I offered him a copy of the warrant and he told me to shove that.” Sgt Rowan added that Mr Curran assisted in the removal of the dogs from the yard. When cross examined by Mr Anderson as to why they had seized both dogs and not just the one involved in the alleged attack, Sgt Rowan replied that “they were both vicious and there have been previous incidents.”
When asked as to the current whereabouts of the dogs, Sgt Rowan explained that both had to be destroyed. He explained, “Mr Curran observed video footage from the pound which was quite disturbing and it was agreed they should be destroyed.”
In his closing statement, Mr Anderson said the state had not proven their case and raised concerns over the credibility of the witness. “He says he received a stitch to his knee or elbow, not sure which.”
“He gave no evidence to his cousin being there or of anyone being there. The story does not hang together. And then we have some random stranger picking stuff up from the road, and then we have four teenagers who witness this with phones in their hands and none recorded any of it so we have no evidence of any injuries!”
Inspector Boland said in relation to the stitch matter, “the Control of Dogs Act doesn’t require evidence of injury.”
In relation to the point that the teenager hadn't disclosed that his cousin and three others had witnessed the attack, Inspector Boland said, “I’m not sure he would have had the wherewithal to have known who was in his surroundings!”
Upon Judge Bernadette Owens stating that she was “satisfied with Sgt Rowan's evidence of ownership of the dog,” Mr Anderson pointed out that there was “nothing to say” that his client’s dog was the same one that had attacked the teenager. He said, “we have a white dog but not the breed. Neither witness could identify the breed of the dog.”
During her time on the stand, Charlene Curran explained that her “dogs were like children” and pointed out that the dog who was accused of having attacked the teenager, “was my pregnancy buddy. She was always with my kids.”
In her closing statement, Judge Owens described it as worrying that there has been 5 incidents in 5 years where the dogs had wandered.
“All the ingredients of the section 9 have been proven beyond all reasonable doubt” the judge said, adding, “one piece of telling evidence that may have been seen to be innocuous was that in her evidence when she (the 18 year old cousin) was asked if she had ever seen the dog before, she said it was usually chained when the gate was open. She identified the dog. I’m relying on that evidence and I am convicting Ms Curran.”
Judge Owens ordered Ms Curran to pay €500 by way of compensation to the injured party, and gave her until February 2026 to “get herself organised.”
The Judge also directed a probation report to include a restorative justice element that would look at the mother of 3 potentially doing 40 hours of local community service. Ms Curran was remanded on bail until February.
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