Derry man found guilty on horrific animal cruelty charges

A dog that was found 'partially buried' at Ballyarnett Country Park was so emaciated that a vet believed that it had to have been suffering for a period of months as that degree of emaciation would take more than weeks, Derry Magistrate's Court was told today.

Peter Toland (29) of Cornshell Fields in Derry was contesting charges of causing unnecessary suffering to an American Bull Terrier dog called Luna on March 15 this year.

He also faces four charges of failing to take reasonable steps to ensure animal welfare was met on the same date in relation to other animals. 

Giving evidence at the start of the case a vet said she had examined the animal after it was found. 

She said that the dog was 'exceptionally thin' and had bruising on it's body and its canine teeth were broken and the vet said it would 'take a lot of force to break a canine tooth.' 

The dog had to be put down and a post mortem examination found the animal weighed 19kgs and the recent injuries were believed to have been caused by 'blunt force trauma caused by a wide object.' 

Toland told police that he had left the house during the afternoon and last saw the dog around 9.30am. 

When he returned he told police he had gone looking for the dog. 

Peter Toland

Defence counsel Eoghan Devlin said that there was no argument about the three other dogs and

Toland would in all likelihood be banned from owning animals for life as he was 'a terrible owner of animals'. 

He argued that despite this there was no evidence that Toland had been the person who buried the dog. 

District Judge Ted Magill said that this dog was in 'an appalling state of health' and had no muscle mass left. 

He said that for someone to bury an animal alive was 'incomprehensible' and the only options were that Toland had buried it or someone else had. 

The judge said that it was obvious that the dog had suffered over 'a prolonged period of time' and 'that had to be laid at the door of the defendant'. 

He found Toland guilty of all charges and put the case back until December 11 to allow the preparation of a pre-sentence report. 

Toland was released on bail but the judge told him there could well be a custodial sentence.