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Bicycle owner died after Yorkshire Terrier ran out on the street

A 63-year-old bicycle owner died nearly two years in the past after a Sunday morning accident when a small canine ran out on the street and now the proprietor of the Yorkshire Terrier has been convicted of failing to maintain it beneath correct management.

Decide Marian O’Leary heard the case at Cork District Courtroom and stated that earlier than giving judgement her honest sympathies went out to the household of the deceased, the couple who had been biking with him and the household whose canine was concerned.

“This has been devastating to each considered one of you. As I stated, a dreadful, dreadful tragedy,” Decide O’Leary stated.

Patrick O’Brien from Carrignavar died after coming off his pedal cycle on Sunday, October 25 2020.

Michael Dunlea pleaded not responsible to having correct management over his canine on the morning in query as he and relations stated the little canine by no means went on the street.

Nonetheless, Decide O’Leary stated the 2 different cyclists with the late Mr O’Brien later recognized the canine because the Yorkshire Terrier owned by Mr Dunlea, 60, of Ballybrack, Carrignavar. One of many cyclists noticed the canine coming from the property beneath a fence. And hours later two gardaí testified that this canine got here down onto the street once they had been preserving and inspecting the scene.

Decide O’Leary fined Mr Dunlea €300 for not having the canine beneath correct management in a public place on that morning. Fines totalling €325 had been imposed on him for not having licences for this canine and two different canines on the time. He admitted not having licences on the time.

Garda Raymond Sweeney who investigated the accident stated it was doable to state from examination of cycle gear and expertise that previous to the accident the deceased was biking at between 43.1 kph and 45.3 kph.

Sergeant Edward Geary, now retired, testified that cyclists Jim Rocks and Lucy Rocks individually recognized the miniature Yorkshire Terrier owned by Michael Dunlea because the canine that ran out on the street that morning.

The retired sergeant stated Mr Dunlea is a taxi driver who was bringing a dialysis affected person from CUH to Mitchelstown that Sunday morning when he obtained a name from dwelling a couple of horrible accident on the street.

Mr Dunlea stated in an interview with gardaí, that he obtained the Yorkshire Terrier 9 years beforehand as a gift. 

“The canine is a home canine and solely set free to go to the bathroom within the backyard. I truthfully by no means noticed that canine on the street,” Mr Dunlea stated. 

He stated he would have constructed a run for the canine if he had ever seen her on the street. However he stated that inside about 20 seconds of being set free to go to the bathroom she could be scratching on the again door to get again into the home. As for the canine being on the street hours afterwards, in response to the proof of Gardaí John Noonan and Padraig O’Neill, Mr Dunlea stated that was solely as a result of relations had been down on the street speaking to gardaí when the realm was being preserved – a situation that will by no means happen ordinarily.

Mr Dunlea stated everybody in his household was very upset concerning the accident that occurred that morning and so they had been notably upset for the household of the late Pat O’Brien.

Jim Rocks and his spouse Lucy Rocks had been biking with the late Pat O’Brien that morning, a effective Sunday at about 10.30 a.m. Mr Rocks stated a canine got here from his proper. His spouse Lucy was behind him and Mr O’Brien was behind her.

“I heard Pat falling off the bike and hitting the bottom. Pat was mendacity inclined within the restoration place on the center of the street. He was respiratory. He was not responding. Blood was popping out of his nostril and left ear,” Mr Rocks stated.

Barrister, Eamon Shanahan, for Michael Dunlea, stated that the bicycle owner’s proof that they had been biking at 40 kilometres per hour was a quick pace. Mr Rocks stated this was not extreme for knowledgeable cyclists.

Mr Shanahan BL stated, “There are incessantly rabbits and wildlife within the space. Are you sure it was not a rabbit? A small rabbit may be like a Yorkshire Terrier.” Mr Rocks replied, “It was undoubtedly a canine that got here throughout the street.” 

Mr Shanahan additionally referred to a puppy-training facility not removed from the scene.

Lucy Rocks stated, “I noticed a small canine dart out from a property. First, Jim reacted. I reacted. I appeared again and noticed Pat react… For Pat to overlook the canine he turned the handlebars and got here off the bike. He was on the bottom. He landed in a restoration place.

“The canine got here out from beneath the fence on the finish of the property. It’s a small canine, it didn’t must bend its head to get out beneath the fence.” Michael Dunlea stated that by the point he returned dwelling after bringing the dialysis affected person dwelling to Mitchelstown there was chaos at his own residence and everybody was upset.

Requested by his barrister, Mr Shanahan, “You could have by no means seen the canine run out earlier than,” Mr Dunlea replied, “By no means, by no means, by no means.” 

Cross-examined by Inspector Gillian Sinnott that the canine may have run out – as described by witnesses – and run again dwelling in a short time, Mr Dunlea replied, “Look, something is feasible with an animal.” 

Decide O’Leary stated that Mr Dunlea and members of his household are respectable individuals who had all given truthful proof.

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