The defendant, Martin McGonigle arriving at Ballyshannon District Court.
A County Fermanagh man has been jailed for a month for kicking and killing an 11-year-old Pomeranian dog during the course of a dispute near Ballyshannon last February.
Ballyshannon District Court was told that 54-year-old Martin McGonigle, Finner, Belleek was wearing steel toe- caps when he kicked the little animal belonging to Patsy Quinn at Doobally, Ballyshannon on February 13.
In jailing the defendant after a lengthy contested case Judge Kevin Kilrane said: “Without any provocation but by proxy hatred for the Quinn’s he took his ill temper and viciousness out on a dog”.
The judge added: “This man is quite a dangerous man when his temper is raised and he is not remorseful”.
The judge said he had lashed out with full force in killing the animal. Judge Kilrane said the defendant had engaged in a tissue of lies from beginning to end. He said the defendant had claimed that Kevin Quinn had blocked his path when he was driving on the Dobally Road but this was not for 8-to ten minutes as he had claimed.
Millie, the Pomeranian dog who was kicked by the defendant and subsequently died.
The defendant had also claimed that Kevin Quinn, who was cutting timber in a forest, had also blocked him on his return journey, but this was not the case. Judge Kilrane said the defendant “skillfully” built his case from the allegation that the Quinn’s had blocked him on the road.
The defendan told the court he had “flicked the dog with his boot” and that it was still alive after a melee with Patsy and Kevin Quinn. He said he had varicose veins and the dog stripped its teeth at him and he acted in self-defence.
Martin McGonigle told the court that it broke his heart that the dog had died and he had never intended to kill it.
Superintendent Colm Nevin told the court that the Quinns had never received any apology.
The defendant was fined €300 for this un-premediated assault. The defendant was also found guilty of kicking a Pomeranian dog called Millie by hitting the dog, causing unnecessary cruelty as a result Millie died of her injuries received at Doobally, on February 13 contrary to Section 12 1a of the Animal Health and Welfare Act 2013.
Warning from Judge
Meanwhile Judge Kilrane warned Martin McGonigle’s sister Noleen Dolan, Bonahill Ballyshannon that if a “hair is touched on the head of the Quinn family the person who did it will go to jail for the maximum amount of time I can give them”.
Patsy Quinn who was assaulted by the defendant, arriving at the court yesterday.
Judge Kilrane gave the warning after a garda sergeant told the court that she had made threats towards the Quinn family in Ballyshannon District Court shortly after her brother Martin was convicted of assault causing harm to Patsy Quinn on February 13 at the same date and location.
Sergeant Oliver Devenney told the court, after the sentence was passed, that Ms Dolan, who was sitting in front of Patsy, Kevin and Patricia Quinn made threats to them as the judge was delivering his guilty verdict. The Sergeant said she pointed towards the Quinn family and made threats to them.
Judge Kevin Kilrane said he would send the woman to jail for a week in Mountjoy for contempt of court if she did not apologize to the court. When Ms Dolan subsequently apologized, saying she was standing up for her brother and she was emotional the judge lifted the threat of prison sentence.
The defendant, Martin McGonigle, is appealing the sentence to the circuit court on his own cash bond of €1000 and a €1000 bail bond.