An 89-year-old woman has been sentenced to 20 months in jail and has been described as a ‘persistent’ abuser of animals.
Mary Kelly from Boley, Co Laois is now Ireland’s oldest female prisoner.
The octogenarian kept her dogs in her run-down farmhouse despite being banned for life from keeping animals in October 2021 after ISPCA inspectors found nine dogs stacked in crates at her home.
The dogs found were — “soaked in urine and faeces” — two of which had a broken jaw and a broken hip, reports the Sunday World.
She did not obey the order and when inspectors visited the property in June 2022 they found seven more dogs “covered in faeces and urine”.
On that occasion, inspectors initially found two dogs, one tied to a chair and another in a cat carrier with no food and water. They were alerted to the others by barking.
In total, inspectors found five more dogs in an unlit room “full of faeces and mouldy food”.
Kelly was described as “confrontational”, and when her pre-existing ban was explained she said it didn’t matter to her.
In September 2022, she was sentenced to 10 months in prison but avoided serving a single day after filing an appeal and being hospitalised for ill health.
She later publicly cursed sentencing judge Desmond Zaidan, saying: “I’m cursing him day and night that’s all, but whether my curses will catch up with them, I don’t know.”
At her latest appearance on September 26, prosecutor Senator Barry Ward, SC, told the court that two officers from the ISPCA would testify to a further 19 breaches of Judge Desmond Zaidan’s banning order, and further cruelties to animals.
ISPCA officer Fiona Conlon told the court: “We’ve had a lot of dealings with her… and have had 15 years of contact over concerns about animals.
“There were fractured jaws, broken legs, [dogs] covered in urine, and they had to be kept at the vets for a number of days.
“She tends to keep the dogs in small cages, and we had to take seven horses in 2020,” she said, as she handed in a sheaf of photographs to the court.
“Honestly, these photographs,” exclaimed the judge.
“We also took hens that were emaciated and full of lice,” said Ms Conlon.
“The dwelling house is not suitable – there is a failure to clear rubbish, and you can’t even move in the house,” she added.
“Have you ever come across worse conditions?” the judge asked.
“Mary can’t stop,” said Ms Conlon, who then listed the six dates between February 2021 and August this year when the ISPCA removed a total of 18 dogs and an unspecified number of hens.
Judge Zaidan responded: “It’s a credit to the ISPCA and the accompanying gardai who have kept an eye on this persistent re-offender. “She’s had no respect for the law, the ISPCA, the gardai and, more importantly, for the animals,” he said.
“As far as this court is concerned age is not a bar to go to prison, particularly when this person has no regard for the law,” he said.
“This is serious abuse, and when the officer was describing the conditions I was wincing up here, and I had the disadvantage of seeing the photos as well… seriously, looking at these photos is enough to give you post-traumatic stress,” he said.
“There are continuous aggravating features, and I’m left with no option but a custodial sentence is the only way to protect animals from her abuse,” he said.
The judge then sentenced Kelly to five months and ordered they be served consecutively. She was sentenced on four of the sample breaches of the Animal Welfare Act (S58).
He set bail at €500 but also ordered an independent surety of €5,000, to be approved by a superintendent, and also banned a male, who was described in court as enabling her, from entering her land or house, and directed he stay at least one mile away.
The Sunday World report that Kelly has not taken up bail and has been remanded in the custody of the Dochas Women’s Prison for the past two weeks. She is not due for release until December next year when she will be 90-years-old.
Reflecting on the case, ISPCA Senior Inspector Fiona Conlon commented: “This has been a prolonged and frustrating case due to the defendant’s ongoing refusal to comply with instructions, including a court order, to stop keeping animals.
But the ISPCA, Gardai, and Ann Cooke (from Kildare Animal Foundation) have persevered because many animals have suffered at the hands of this woman and she needs to be stopped.
“Regardless of her age, she has to comply with the law just the same as anyone else.
“I was asked in court by the defence solicitor whether I thought their client should be living in those conditions, my response was that she had a choice but the animals did not.”
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