The High Court has refused a judicial review challenge by Simon O’Donoghue to Laois County Council’s detention of his horse, Braveheart, and its requirement that he pay €1,200 before the animal could be returned.
Mr Justice Barr, delivering judgment on 31 July 2020, found that the council was empowered to capture and detain the horse under the Control of Horses Act 1996. He also held that the council could dispose of it immediately under the Act because it had previously been detained on two occasions within a 12-month period. The council had, however, given Mr O’Donoghue until the close of business on 18 November 2019 to pay the fees and reclaim the horse.
The horse was detained after an incident on Ballyfin Road, Portlaoise, on 30 October 2019. According to evidence outlined in the judgment, Mr O’Donoghue fell from his sulky and was taken to hospital by ambulance. The horse later travelled about two kilometres from the scene and was seized by gardaí after reportedly causing damage to vehicles in a housing estate. The judgment does not determine who was at fault for the road incident.
Mr O’Donoghue argued that the seizure and refusal to return the horse were unlawful, and that the charges and threatened disposal exceeded the council’s powers. He said the incident was not his fault. The council argued that it could detain the horse, charge reasonable costs and dispose of it under the Act and its 2012 bye-laws. It also said he had not used the available appeal process.
The council’s evidence was that the horse had been treated for injuries at a cost of €250 and assessed by a veterinary surgeon before possible release. Its staff provided an itemised breakdown of the charges, including transport, veterinary care and the horse’s upkeep. The judge found the charges were authorised by the bye-laws and represented actual costs incurred. He noted that neither Mr O’Donoghue nor his solicitor had asked the council to substantiate the charges before the case.
The judge rejected the argument that Mr O’Donoghue’s asserted lack of fault meant he should not have to pay the costs of recovering and keeping the horse. He said the council had acted reasonably by allowing time to raise the money and had not intended to destroy the animal; the stated plan was to dispose of it if it was not claimed.
The court refused all the reliefs sought. It did not order the horse’s return: the judgment states that Mr O’Donoghue was entitled to its safe return upon payment of the fees levied by the council.