Kim, a Jack Russell terrier who had been ordered to be destroyed by the courts, was granted a last minute reprieve today as the order for destruction was stayed by the circuit court.
In her order granting a stay, Judge Karen Fergus ordered that dog control measures be put in place by her owner, retired Garda Donal Rogers. She also ordered compensation in the amount of €5,000 to be paid to the complainant, Ms Breid Greene, along with Greene’s costs of about €1,500.
If Mr. Rogers is able to satisfy the conditions laid down by the court within four weeks, Judge Fergus indicated that the order to destroy Kim would be permanently stayed.
The case arose from an application by Mr. Rogers for the court to “vary” its original order calling for Kim’s destruction. This was on foot of Mr. Rogers securing pro bono (free of charge) legal representation, from barrister Ben Clarke and solicitor Kieran Friel, after the case was highlight by Gript Media.
In her affidavit to the court, Ms. Greene is understood to have strongly denied suggestions online that she is an “animal hater”, and stated that she had only wanted to ensure that nobody else would suffer a bite at the hands of Kim. She also protested against what she described as “demonization” of her character on social media.
Judge Fergus said that she fully accepted Ms. Greene’s bona fides in the matter.
In his submissions to the court, Mr. Rogers apologised again to Ms. Greene, and re-stated that Kim’s behaviour had been totally out of character. In this, he was supported by a vet who regularly examines Kim, and told the court that in his estimation, the dog was not naturally aggressive and had likely been startled.
The case will return to the courts in a month, in order that the court can be satisfied that the conditions laid down for a permanent stay on the destruction order have been met.
More to follow.