Judge orders man’s two German shepherds destroyed after they ‘viciously’ attacked neighbour
A judge has ordered the two German shepherds of a Dublin man to be destroyed after a court heard the muzzled and unleashed dogs had “viciously” attacked a neighbour.
Ingal County Council brought a Control of Dogs Act case against Khalid Hamdy of Cedar View, Ridgewood, Swords.
He told Dublin District Court he didn’t think his pets were dangerous.
He also said they had helped him cope with the post-traumatic stress disorder he had suffered since he was detained in a cell with 150 men in Egypt in 2019, where he had witnessed torture and four people’s deaths.
But neighbor Michael James O’Rourke told the court he had just left his home to walk his two smaller dogs on November 13 when Hamdy’s German shepherds attacked them.
He informed attorney Michael Quinlan for the council that they were unmuzzled and unleashed.
He said the attack lasted 20 to 30 seconds but he sustained no physical injuries. However, he described it as a very traumatic event, adding that it was fortunate there were no children around.
He said one of his dogs had its harness torn and Mr O’Rourke added that his jeans were torn before he managed to get back into his house.
On cross-examination he replied: “I don’t know the man” when asked if he had a history of altercations with Mr Hamdy.
Another couple told the court they witnessed the incident and claim Mr Hamdy’s dogs repeatedly went into their garden after a storm had previously knocked down fences.
The court heard that after complaints, gardaí found the door to Mr Hamdy’s house was open and no one came out for 20 minutes.
However, Mr Hamdy said he did not see what happened and told Gardaí the dogs must have opened the front door to get out. He later claimed his home was broken into, allowing the German Shepherds to escape.
Mr Hamdy said he reported it to Gardaí when he noticed damage to his door and missing items from his home.
He also denied Witnesses’ claims that there had been any problems with his dogs in the past.
The dog guard confiscated the dogs on the day of the incident and they have been in a shelter ever since.
Mr Hamdy told the court he had undergone training to deal with them and there was no chance they would come out again.
Judge Anthony Halpin described it as a “very difficult case” and said he will treat the case clinically and pay little attention to the interpersonal matter between Mr Hamdy and Mr O’Rourke as it does not affect the actual matter in court.
The only point was that on November 13, the two German shepherds caused damage in an attack on a person who was with his smaller dogs.
He noted that evidence from a dog behavior specialist hired by Mr Hamdy provided a more benign account of the attack.
However, the court considered not only the bite, but also the aggressive and provocative behavior of the dogs and the resulting stress, anxiety and fear, together with the lack of restraint and muzzle, “put the incident on a substantially higher scale”.
He noted that the applicant detailed the extent of the aggression shown, which was unacceptable, and the court accepted his version. “And in my opinion, the incident constitutes a malicious attack,” Justice Halpin said.
He accepted that the dogs were a source of comfort to Mr Hamdy but they were a restricted breed and not under effective control or muzzle at the time.
Mr Hamdy’s lawyer asked the court to take note of his evidence that he would take further action to prevent the dogs from coming out. The lawyer also pointed out that the male was the main protagonist and returned to attack, but the female retreated.
However, Judge Halpin said that taking all the circumstances into account, he had to issue a death warrant for both dogs and pay €4,000 in costs.
He added that Mr Hamdy would not have been in court had they been under effective scrutiny.
The judge stayed the destruction order for two weeks and adjourned the case until February 14 pending an appeal.
https://www.independent.ie/irish-news/courts/judge-orders-mans-two-german-shepherds-be-destroyed-after-they-viciously-attacked-neighbour-42321673.html Judge orders man’s two German shepherds destroyed after they ‘viciously’ attacked neighbour