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Dog owner jailed over ‘harrowing’ neglect of Jack Russell with untreated tumour the size of a grapefruit

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Dog Owner Jailed Over ‘Harrowing’ Neglect Of Jack Russell With Untreated Tumour The Size Of A Grapefruit
Martina Kelly of Ballyfermot Avenue, Kylemore, Dublin 10, received a six-month sentence with the final two suspended for not obtaining treatment for her family pet, Lucky.
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Tom Tuite

A pet owner has been jailed over "harrowing" neglect of her Jack Russell dog with an untreated tumour "the size of a huge grapefruit" which ruptured, leaving it fighting for its life.

Martina Kelly of Ballyfermot Avenue, Kylemore, Dublin 10, received a six-month sentence with the final two suspended for not obtaining treatment for her family pet, Lucky.

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She pleaded guilty to charges under the Animal Health and Welfare Act at Dublin District Court, where Judge Anthony Halpin described the case as shocking, adding, "I would have picked it up, even if I had to walk ten miles, I would have brought it to the vet."

"This is a shocking case; this poor animal must have been in severe pain, and I don't believe it when Ms Kelly tells me that this was a couple of weeks to eight weeks.

"This dog was going around with a growth the size of a huge grapefruit; she had to be aware of the pain and suffering this poor animal went through".

The Department of Agriculture prosecuted the mother of three for causing unnecessary suffering, endangering and failing to safeguard the welfare of 10-year-old Lucky, which she had taken in as a stray eight years ago.

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Prosecutor Sarah Reid BL told the court it was a harrowing case due to the level of neglect of the dog, which began bleeding heavily on October 28th last year.

Dublin Society for Prevention of Cruelty to Animals (DSPCA) inspector Shane Lawlor informed the court he investigated the circumstances three days later after a call from Kelly offering to surrender the dog.

A DSPCA ambulance went to the house and found Lucky had a large growth near its testicles, which had ruptured. The court was told the dog was bleeding, unresponsive and lethargic.

Extreme injury

He ranked the injury as "extreme" and suspected it had developed over a long period while the dog was suffering.

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Kelly told the DSPCA that her dog had the growth for "the last few months", while another witness told the officer that Lucky had the growth for weeks.

The court heard she insisted that she had not taken it for treatment because she could not get an appointment with a vet over the bank holiday weekend.

Ms Reid asked what services were available when animal owners were of limited financial means, the inspector said the DSPCA provided heavy discounts and Kelly declined offer of transportation after she made contact.

He said that various clinics were working year-round. The charity collected the dog for free, which would have been available at any point, he believed that due to the longevity of the problem, the accused caused unnecessary suffering and endangered the dog's life.
Photos of the state of the dog were furnished to the court.

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The animal welfare charity's veterinary surgeon, Elise O'Byrne White, said the dog, unable to stand and in a critical state, had to be carried into the DSPCA's hospital.

There was an infected open wound, and she explained that Lucky's body condition and temperature were below average.

Its scrotum and testicles were "eviscerated", and his testicular organs were detached from its body, and the dog was septic.

Dr O'Byrne White said that analysis of the tumour tissue indicated it was "slow growing", which she estimated had developed for at least six months and ruptured due to its size.

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She said it had been ruptured for days, and the enlarged tumour would have been avoided if the dog had been castrated.

She agreed with the defence that different vets had varying fees, but treatment should have cost about €130 because it was a standard procedure.

Lucky recovered and was later rehomed.

Unemployed Kelly, who had no prior convictions, claimed the injury was caused by the tumour enlarging quickly and getting "nicked" when Lucky was in the garden and "he kept at it and at it".

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The court heard she maintained she and other family members made repeated efforts to get help from veterinary practices but got no response.

She told the judge she did not have a car and a taxi would not take them because the dog was bleeding.

She said she then contacted the DSPCA, pleading for help. Kelly's barrister submitted that she had done everything she could.

Judge Halpin agreed with the prosecution that there had to be a severe penalty but said the sentence had to have a discount due to the guilty plea.

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