Man awarded €2,000 over council’s decision to destroy horse

The High Court has awarded €2,000 to a man whose horse was destroyed by a Galway County Council over unpaid impounding fees.

Mr Justice Garrett Simons made the award in favour of Edward McDonagh, who was the owner of the stallion named Chief of Colours.

The council claimed the horse was wandering on Headford Road, Galway, on February 11th 2018, when it was seized. The animal was destroyed on April 13th, 2018 after Mr McDonagh, who disputed that the horse was found wandering the road, refused to pay a €3,000 impounding fee and vet’s charge.

Mr McDonagh brought High Court proceedings challenging the council’s actions. Mr Justice Simons last May ruled the council acted unlawfully when it destroyed the horse rather than dealing with the €3,000 fee by way of sale of the animal or debt collection.

The inclusion of an unlawful €589 administration fee legally impaired the entire €3,000 demand, the judge added.

The court then heard further evidence on whether Mr McDonagh was entitled to damages. The council argued it was not liable to pay him any damages, on grounds including strong public policy considerations that militate against making public authorities pay damages.

Ownership

It also argued that powers under the 1996 Control of Horses Act are exercised for the public at large and Mr McDonagh had not established ownership of the horse. The council’s expert valued the stallion at €1,500 whereas Mr McDonagh’s vet told him it was worth up to €35,000 due to its breeding value.

In his judgment on Friday, the judge said the council acted in excess of its statutory powers in destroying the horse and Mr McDonagh was entitled to a declaration to that effect.

He found no public policy considerations militated against imposition of a liability to pay damages in this particular case. Damages were necessary to ensure compliance with the statutory requirements and to vindicate the property rights of the owner, he said. The value of the horse was “modest” and the appropriate award of damages was €2,000, he held. A public authority is liable for its actions in the same way as the private sector, he added.

Breeding

Mr McDonagh, a settled Traveller and father of eight, of Bothar an Coiste, Headford Road, Galway, had said he intended to use the horse for breeding purposes because of its pedigree.

He said the progeny would have been used for sulky racing as piebald/skewbald horses fetched higher prices in sulky racing. He said he had paid €5,000 in 2013 for the horse’s mother when she was in foal with Chief of Colours.

The stallion was kept in a field across the road from his home for three years and was well secured, he said. An auctioneer and valuer of bloodstock, having examined the documents for the horse, valued it at €1,500 because it did not meet the required standards for breeding purposes.