A dog walker, who claimed he was unable to clean up after his pet in a Dublin park because of the number of syringes left behind by drug addicts, has avoided a €4,000 fine.
Carer Liam Nolan, from Oliver Bond House, Oliver Bond Street, Dublin 8, was prosecuted for dog fouling by Dublin City Council after he refused to accept an on the spot fine on June 14th last at St Audeon’s public park.
However, he avoided a conviction and a fine after arguing his case at Dublin District Court where he face a charge under the Litter Pollution Act.
He represented himself during the trial and told Judge John Brennan that he would always clean up after his pet on walks in the park. However, on the date in question he attempted to remove his dog’s faeces but he noted that within a “hair’s breadth” of it there was a syringe.
He said he could not remove it and refused to accept a €150 fine from a warden whom he claimed “did not want to hear me”.
He returned to the park a day or two later and took photos of the needles he had seen which he showed to the judge.
He claimed he had made reports to gardaí about the syringes in the park and said there was a used needle bin there which had made the problems worse.
In cross-examination, it was put to him that it was his responsibility to clean up his dog’s mess and dispose of it in a suitable manner.
He told the court he showed pictures of needles to a council official who told him that specialist equipment was required and not to attempt to pick them up.
Judge Brennan said the litter warden had acted professionally and he had no doubt that Mr Nolan was belligerent but he was satisfied that this was because of a risk to his health and safety and his reason appeared to be genuine. He struck out the case.