A Letterkenny farmer who claimed his sheep were damaged by a neighbour’s dog has had his claim for damages dismissed in court.
Mr. John Holmes, a farmer from Drumardagh, sued Teague and Catherine Breslin also of Drumardagh, Letterkenny for the sum of €3,093.00 for damages allegedly caused to his sheep the Breslins’ dog.
Mr. Holmes gave evidence that on a date unknown between April 14, 2021 and April 29, 2021, he observed the Breslin’s dog, a golden Labrador, coming from his field at Drumardagh and he observed all of his sheep huddled in a corner in the field from which the Breslin’s dog came.
The case was heard at a special siting of Letterkenny District Court before Judge Ciaran Liddy.
Mr Holmes said that in the following days a number of his sheep aborted their lambs and one sheep had a caesarean section. All the lambs were dead and Mr. Holmes attributed the damage to his sheep to Breslin’s dog worrying his sheep.
In cross examination by Mr. Damian Crawford, BL, counsel for the defendants, instructed by Michael G. Shiel and Co., Solicitors, Mr. Holmes agreed that there were a number of dogs similar to the Breslin’s dog in the locality.
He stated, however, that he was sure that it was Breslin’s dog that he saw coming from his field. Mr. Holmes further admitted in cross examination that he didn’t see the Breslin’s dog near his sheep. He said he saw their dog coming from his field.
It was put to Mr. Holmes that he had harassed the Breslins for quite some time and that he had driven his tractor slowly in a menacing manner behind Mrs. Breslin when she was out walking her dog. It was further put to Mr. Holmes that he texted Mrs. Breslin’s husband, Teague Breslin, to tell him that his wife should walk on the correct side of the road when she is out walking.
The court heard an allegation that Mr Holmes had fired his gun at the back of his house and close to Breslin’s family home to which Mr. Holmes replied that he fired his gun to keep birds away from his crop.
Mr. Holmes admitted taking photographs and videos of Mrs. Breslin while she was out walking her dog.
Mr Crawford asked if Mr Holmes had received compensation from any other person for damage to his sheep and he replied ‘no’ through his solicitor. It was put to him by Mr. Crawford that he then wrote to Breslins to say that he had received compensation from another neighbour and he had in fact mis-represented his replies.
Evidence was given to the Court by Mr. Holmes’ Auctioneer and Vet as to the damage to Mr. Holmes’ sheep.
Ms. Catriona Patton, Mr. Holmes’ wife, also gave evidence that she observed the Breslin’s dog in Mr. Holmes’ field on a different occasion. In cross examination she stated that she followed the dog to Breslin’s house but though she saw Mr. Breslin outside his house she did not speak to him about his dog trespassing.
Garda Neil Murphy gave evidence of receiving a call from the Garda Station that there was a man trapped in his field by a dog. He said he activated the blue lights on the Garda car and went to the scene immediately.
He found no evidence of someone being trapped by a dog and he said he went to Mr. Holmes’ house and he was present.
Garda Murphy told how he proceeded to go to Mr Breslin’s house unannounced and he found Mr Breslin’s dog chained in the garden. Garda Murphy further stated to the Court that he called unannounced to the Breslin’s home at least two or three further occasions and on each occasion that he called to the Breslin’s home he found their dog was chained in the garden.
Mr. Teague Breslin then gave evidence and he said that Mr. Holmes had continually harassed him and his family. He stated that the dog alleged by Mr. Holmes to be his dog was not his dog. He said he was aware that the Gardai had told Mr. Holmes to speak to him and not to his wife but Mr. Holmes never spoke to him about his dog trespassing or otherwise at any time.
It was put to Mr. Breslin in cross-examination by Mr. Patrick Sweeney, solicitor, that Mr. Holmes did not speak to him because he was afraid of Mr. Breslin’s sons. Mr. Breslin said that Mr. Holmes had absolutely no reason to be afraid of his sons or otherwise.
Mrs. Breslin gave evidence and stated that Mr. Holmes had driven slowly behind her in his tractor on a number of occasions. He had taken videos of her on his phone and he had also taken pictures of her walking her dog.
She said that Mr. Holmes continually harassed her family so much that she had placed her house on the open market for sale because of the harassment visited upon her by Mr. Holmes.
She told the Court that she called the Gardai as Mr. Holmes was firing his shotgun outside his house and close to the back of her family home. In cross-examination by Mr. Sweeney, Mrs. Breslin did not accept that Mr. Holmes was firing his gun to frighten birds away from his crops.
Judge Ciaran Liddy adjourned the matter to consider his decision and gave his decision in the matter at a further court sitting. Judge Liddy remarked that he noticed that Mr. Holmes was not truthful in his replies to notice for particulars. He also noted that Mr. Holmes appeared to have a fixation with the Breslins. He said that he noted Garda Murphy’s impartial evidence in the matter and that on each occasion that he called at Breslins unannounced their dog was chained at their premises.
Judge Liddy said that on the balance of probabilities he was not satisfied that the Breslin’s dog had caused damage to Mr. Holmes’ sheep.
Judge Liddy dismissed Mr. Holmes’ claim and granted an order for costs and witness expenses against Mr. Holmes.