An application by a Co Kildare horse trainer for the return of two horses being cared for by the Irish Society for the Protection of Cruelty to Animals pending the hearing of animal cruelty charges was refused by a judge yesterday in Kilcock, Co Kildare.
The application was made on behalf of Mr John Carr with an address at Killeaney, Maynooth, Co Kildare, to Judge John Brophy by a solicitor, Ms Miriam Regan.
Mr Carr was charged with seven counts of cruelty to horses under the Protection of Animals Act on February 9th at Knocknatulla, Kilcock, Co Meath.
Ms Regan told the court she wanted to make two applications. The first would be an order seeking the production of all material, including photographs, video or other material, including veterinary reports, being held by the prosecution in relation to the case.
She said the second was an application for the return of two horses which had been seized during the investigation.
Judge Brophy said: "The animals are not going to be given back until after the case is heard."
Ms Regan said that she had an expert witness in court who would give evidence that the farm was being run in a proper manner even though he would be a hostile witness in the case.
Judge Brophy said there was no way he was going to make an order for the return of the horses as he assumed they were being cared for by the State and were in fact evidence in the case.
When he asked Ms Regan what kind of horses were involved, she said "Thoroughbreds". When asked what kind of thoroughbreds, she said "Racing, young thoroughbreds".
Refusing to order the return of the horses, the judge made an order for the production of the evidence required by the defence and adjourned the case until April 27th.