A Dublin man who maliciously killed a donkey by driving an iron bar through its eye and skull has been jailed for two years by Judge Kieran O'Connor.
Judge O'Connor described the offence as "a brutal, savage and senseless assault on a dumb animal brought on by a combination of drugs and drink". Allen Carmichael (22), an apprentice electrician, of Castleview, Streamstown, Malahide, pleaded guilty at Dublin Circuit Criminal Court to unlawfully and maliciously killing the 32-year-old female donkey at Malahide on May 30th, 1998.
Judge O'Connor said a combination of drugs and drink had led Carmichael to commit the "brutal, savage and senseless assault on a dumb animal". It left him with no option but to jail him despite the "most impressive" set of testimonials assembled by his solicitor and the evidence given in court.
Judge O'Connor noted the evidence by Det Sgt Gerard Feeney that the donkey was a tourist attraction which had been favoured by local children. Sgt Feeney told prosecuting counsel Ms Isobel Kennedy the donkey, known locally as Salt, was bought for £30 in 1976. It was jointly owned by Mr Gilbert Kirker, Casino, Dublin Road, Malahide, and the Donkey Sanctuary, Mallow, Co Cork.
Sgt Feeney said Salt had been in good condition at the time of death and lived with a companion donkey, called Pepper, on six acres of farm land. Both were a major tourist attraction and local children on their way to school would hand-feed their lunch to them.
Mr John Lynch, a grounds-man employed by Mr Kirker, found Salt lying on her side with a fence bar sticking out of her skull on May 30th, 1998. The bar had been vertically driven through Salt's eye and skull.
Sgt Feeney said gardai had been notified of the killing of the donkey some hours earlier by two youths who had been out drinking with Carmichael. The three of them ended up in the field where they tried to ride the donkeys. One of them tried to put his arm around Salt's neck and to kick his leg over her but was unsuccessful.
The other youth said he had seen Carmichael hit Salt with a "stick" and saw him running after her. He then saw Carmichael hit her several times as she lay on the ground.
Det Sgt Feeney told Ms Kennedy the two other youths later had "a twinge of conscience" and came to Malahide Garda station telling what had happened. He immediately phoned Carmichael's father and, even though it was after 1 a.m., the defendant's father was so anxious to deal with the matter he brought his son to the station within minutes. Carmichael readily admitted what he had done.
Mr Fergal Foley said his client's actions were extremely callous, violent, dangerous and offensive and richly deserved a custodial sentence. However, he would appeal for any jail sentence to be suspended.
Mr Foley said Carmichael was very ashamed and regretted the incident and the effects it had had on the local community. He was also ashamed for the degree of ostracisation his family had suffered. Mr Foley said Carmichael had paid a sum of £500 to the Donkey Sanctuary and had received in return "a very gracious letter" from the society.
Judge O'Connor said he had no option but to send Carmichael to jail. He realised it was going to create extra problems for Carmichael's family. He refused applications by Mr Foley to suspend the sentence and for leave to appeal it.