Legal defense against Animal Welfare Legislation

[newlife]

A friend had her dogs seized by a local SPCA. The claim by them was that she had neglected them, which was untrue. She immediately went to her solicitor and instructed him to seek the return of her dogs. The local SPCA did not answer any of her solicitors letters and subsequently then made a complaint to the Guardai who then sent a file to the DPP,
who on the basis of the statements of the SPCA instructed prosecution under the Protection of Animals Act.

The case is up for mention soon, however my friend has concerns that her current solicitor is not advising her correctly. The solicitor wants approx. €2K to defend the case, however my friend has done most of the research work and feels that the SPCA has acted outside the law in seizing her dogs as there is no provision within the Protection of Animals Act that allows for a local SPCA to seize animals.

While the new Animal Health & Welfare Act does provide for certain authorized officers (my friends dogs where seized prior to this act coming into force) appointed by the Department of Agriculture, the particular SPCA in question do not have authorized officers and are only a local charity. My friend feels her solicitor is not confirming this with her until she pays him the 2K to defend the case. Initially she asked the solicitor if the SPCA could legally take her dogs and the solicitor said they could.
However she now believes she was incorrectly advised.

My question is, if the dogs where seized illegally and without warrant, will any subsequent prosecution taken by the DPP fail?
Also, if my friend is acquitted of this charge can she take action against the local SPCA for immense suffering caused to herself and her family?
Also, can she request the return of her dogs and if they have disposed of them is this considered illegal?

My friend believed that she was cooperating with the SPCA and they told her that they would return the dogs, which they did not do. She is fairly certain that the SPCA has no legal right to remove her dogs as no legislation on the statute books permits this, unless the SPCA members are Authorized officers which she has confirmed they are not.

She feels that the SPCA only made a complaint to the Guardai when my friends solicitor wrote to them requesting the return of the dogs.

Are there any specialized solicitors operating in Ireland who defend against Animal Welfare Legislation?

Any advice welcome, thank you in advance.

 

[mathepac]

It may be the case that the local SPCA supplies the local council with dog-warden services, as is the case for example in Carlow-Kilkenny. If so the SPCA / dog-warden service may have seizure / detention powers under local bye-laws.

 

[newlife]

Thanks Mathepac for your reply.
No they don't, as the ISPCA provide that service in the area.
The local SPCA in question does not provide a dog warden service.
Thanks anyway and if you have any more suggestions/ advice all welcome.

 

[Gordon Gekko]

Why did the SPCA claim that she was neglecting the dogs?

 

[newlife]

Hi Gordon, in answer to your question it was an overzealous judgement on the condition of one of the dogs due to a medical condition.
The dogs were examined by an independent veterinary surgeon and they were found in good condition.
The dogs were well loved and cared for, but that was not my main query. See original post.
Thanks for your contribution.

 

[Bronte]

Any advice welcome, thank you in advance.

Well your friend would be well advised to defend herself if she believes she has done nothing wrong. And it is perfectly normal for a solicitor to be paid. If your friend isn't happy with the solicitor why don't they find someone better. There probably are not many solicitors who 'specialise' in this area though.

Personally I find it difficult to understand why the SPCA became involved without good reason. Your friend is saying the SPCA are wrong and also that her solicitor is not correctly advising her. Something missing from this story.

 

[Jim2007]

Personally I find it difficult to understand why the SPCA became involved without good reason. Your friend is saying the SPCA are wrong and also that her solicitor is not correctly advising her. Something missing from this story.

That plus the fact that the DPP took on the case. Those guys tend to only prosecute in cases where they feel there is a reasonable chance of winning...

 

[emeralds]

So the local SPCA, the Gardai and the DPP all feel that the dogs have been seriously neglected?

 

[newlife]

Thanks for your comments and while I appreciate them, is there anyone here that can reply to my specific question above as regards to the legalities of seizure and what action my friend may take.

 

[mf1]

If ( and it is a big if) this all occurred before the 2013 Act, then your friend has been faffing about for two years! And what about her beloved dogs? She doesn't know where they are?

The story line reminds me of the Land League mind set - focus on anything other than the reality of the situation.

So - two years down the line, you , on, your friend's behalf, are posting on an anonymous website on a very specific point of law - under what legislation do the SPCA have the power to seize animals?

I have no idea. I'd be more concerned about meeting the DPP charge of cruelty in which case the independent vet can give evidence and the case will go no where. And the Judge will ask where the dogs are now and you'll find that if the answer was not forthcoming before, it will be now.

mf