FORMER chief prosecution witness, Owen Treacy, who was left for dead after being stabbed 17 times on the night his uncle, Kieran Keane was murdered in Drombanna, on January 29, 2003, was before a sitting of Limerick District Court, with two others, on charges relating to section 17 and 20 of the Control of Horses act 1996.
The accused men were arrested last Thursday morning on charges of having horses in a controlled area and keeping horses without a licence.
The three, Owen Treacy, (35), with an address of St Munchin’s St., St Mary’s Park, Gerard Duhig, (35), of St Munchin’s St, St Mary’s Park and Alan Keane, (31), of St Ita St, St Mary’s Park, were arrested on Thursday June 18, between the hours of 7.30am and 8.00am, following garda searches of their homes.
Gardai operating on foot of a section 35 search warrant found that Owen Treacy had three horses at his address, to which he admitted ownership when questioned by arresting garda.
Giving evidence, garda Pat Carmody told the court of calling to Mr Treacy’s address on foot of the warrant to find three horses kept in a controlled area and without the appropriate licence.
He told the court of how he subsequently arrested Mr Treacy at 07.40am and brought him to Henry Street Garda Station.
Garda Dan Murphy gave evidence of calling to the home of Gerard Duhig to find one horse stabled in a controlled area and without the appropriate licence.
Following the admission of ownership by Mr Duhig, garda Murphy arrested the accused at 07.45 and brought him to Henry Street.
Giving evidence as to the charges brought against the third accused man, Alan Keane, garda Ciara Riordan, said that on foot of a section 35 search warrant, she called to the home of Alan Keane at his St Ita St address to find four horses stabled in a controlled area and without the appropriate licence.
Again, on foot of a section 35 search warrant, and following the admission of ownership by Mr Keane, garda Riordan arrested the accused at 07.45am and brought him to Henry Street Garda Station.
John Devane, defence solicitor for the three accused men, told the court that and early plea of guilty was before the court for all three men and that in each case the ownership of horses was something very much associated with the “culture” of each of his clients and that the men “kept the animals for their love of horses.”
Mr Devane went on to tell the court that each of the accused had kept their horses in a large field near their homes but due to restrictions imposed by Limerick City Council this facility was no longer available to them.
The court was told that Owen Treacy had moved his horses to some stabling in county Clare but due to a number of factors, this arrangement had not worked out.
In each case, the arresting gardai agreed that “more than adequate stabling, food and water” had been provided and nor could they dispute that the horses were well cared for.
However, each garda did submit to the court that the licensing issue remained outstanding in each case.
Judge Leo Malone said that “each of the men still had to uphold the law just like you or I, but I do accept that these horses are not neglected.”
Withdrawing an earlier claim for free legal aid, Mr Devane accepted the comments of the court and asked for leniency in each conviction.
Judge Malone, after hearing the evidence, found that the three accused were in breach of the law pertaining to keeping horses and the associated legislation and issued fines to all three.
Treacy, with five previous convictions of a similar nature, received a 500 euro fine for the three charges of possession of a horse without a licence, with the remainder of the charges taken into consideration.
Duhig, with no previous convictions, was fined 350 euro for the charge of possession of a horse without a licence, and the other charge was taken into consideration.
Keane, with nine previous convictions of a similar nature, was fined 500 euro for the four charges of possession of a horse without a licence, and the others were taken into consideration.
All three men were given three months to pay the fines or 15 days in prison, if in default.
