Vet and dog pound supervisor fined for their roles in unlawful administration of a euthanasia drug to two dogs

Dublin People 01 Aug 2024

By Jessica Magee and Sonya McLean

A Dublin veterinary surgeon has been fined €12,500, while a supervisor at a dog pound has been fined €400, for their roles in the unlawful administration of a euthanasia drug to two dogs in 2020.

The two cases are the latest in a series of prosecutions at Dublin Circuit Criminal Court relating to events at Ashton Dog Pound over the weekend of July 24, 2020, when a drug known as Dolethal was given orally to two dogs who later died.

The lethal medicine, containing pentobarbital sodium, is only allowed to be stored at a veterinary practice and to be administered intravenously by a vet.

Vet Sydney Nagle (65) of the Oaks, Hollystown, Dublin 15, pleaded guilty to two counts of causing or permitting someone other than a vet to have this medicine in their possession and control.

Nagle also admitted to four counts related to his failure to keep records including batch numbers, serial numbers, sales and purchases of this animal remedy, and his failure to keep these records for five years.

Raymond Connolly (56) of Claddagh Green, Ballyfermot, Dublin, pleaded guilty to two counts relating to possessing the vet-only medicine and causing or permitting a lay person to administer it to the two dogs over the weekend in question.

The court heard that it had been decided previously at the pound that the two dogs, an Akita and a Bichon Frise, were to be put down.

The dogs suffered symptoms including vomiting and diarrhoea after they were dosed with Dolethal. One dog died while the other was humanely euthanised some days later.

In a ruling yesterday, Judge Martin Nolan said he had no doubt that Nagle was a fine vet who has done “considerable service” to animals and animal owners.

But Judge Nolan said the drug in question was particularly dangerous and can only be administered intravenously, by a vet.

“He is a professional vet, required to know the law by textbook. He should have known that and he didn’t know it,” he added.

Judge Nolan gave Nagle, of Cara Veterinary Group, six months to pay the sum of €12,500.

The judge described Nagle as a “friendly and cooperative man” with no previous convictions, and said he was likely to face some consequences as a result of an ongoing fitness-to-practice inquiry by the Veterinary Council of Ireland.

Judge Nolan accepted that it was an established practice at this pound to administer Dolethal without a vet.

Hugh Hartnett SC, counsel for Nagle, presented a number of testimonials which spoke highly of the vet, including from a veterinary colleague, animal owners and proprietors of kennels and a cattery.

“A picture emerges of a dedicated vet,” said Mr Hartnett, who said Nagle accepted responsibility for not being appraised of the finer points of the law.

Nagle, who has been a practicing vet since 1982, told gardaí that he was naive and did not know at the time that it was an offence.

“I accept it was my responsibility to know the law. I regret my naivety. At no time did I cause any pain or suffering to any animal; I tried to do my best,” Nagle said.

Judge Nolan described Connolly’s culpability as “quite low” as he said he could not have been expected to know the intricacies of the law.

“He did what was done before; he followed instructions. He was administering drugs to dogs and thought it was normal procedure,” the judge said of Connolly.

“It was illegal on many fronts and probably dangerous for himself and other employees,” added Judge Nolan, giving Connolly six months to pay the fine of €400.

Garda Áine McQuillan told Paul Carroll SC, prosecuting, that a member of staff at Ashton Dog Pound emailed the Bridewell Garda Station over the weekend in question, outlining their concerns for the welfare of the two dogs.

Gardaí went to the pound the following week and discovered the unlawful use of the animal-only remedy, which is labelled as such on the bottle.

The court heard that Connolly, who was the pound supervisor, and two other staff members, administered the drug.

Connolly would have held the dogs by a pole that has a mechanism to hold them about the neck, while the other staff squirted the drug into the dogs’ mouths and into their food.

Gardaí established that Cara Veterinary Practice, of which Nagle was principal, sold about 30 bottles of Dolethal to the pound between January 2019 and July 2020.

The drug was sold for €20 per bottle, and Nagle had a monthly retainer of €800 with the pound to supply them with the medicine.

The longstanding practice at the pound was that staff would orally give some of the drug to sedate dogs deemed dangerous and then the vet would arrive some hours later to administer it  intravenously in order to euthanise the dogs, the court heard.

Connolly has no previous convictions.

James Dwyer SC, counsel for Connolly, said he worked as a chef and a head porter at several Dublin hospitals before starting work at the pound in 2017.

Connolly has also trained dogs for the blind, the court heard.

Testimonials for Connolly, including from a couple who kept horses beside the pound, described him as conscientious and caring.

Connolly was unemployed for a long time because of this case, counsel said, but has recently got work for a local authority.

A letter was also submitted from Pieta House where Connolly got counselling after hitting “rock bottom” last year, the court heard.

“The case has had a significant impact on him but he is making a recovery,” counsel said.

A former manager of the pound, Donal Moroney (70), of Ayrfield Drive, Coolock, was fined €500 last month for allowing Dolethal to be stored at the pound at administered unlawfully to two dogs.

The former owner of the pound, David Stone, was fined €30,000 in February 2023 for three similar charges.

Stone (66), of Hazelbrook, Loughlinstown, Ratoath, Co Meath had been running the pound since 1996 and had contracts with local councils including Dublin City, Fingal, South Dublin and Dun Laoghaire/Rathdown county councils.

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