A DUBLIN man was arrested for alleged disorderly behaviour at a vet's surgery following a dispute about whether a dog should be put down, a court heard.
Christopher Barbour (41) is accused of public order breaches in an incident in which he allegedly used threatening, abusive and insulting behaviour after the vet wanted to put down his brother's dog, Tigger.
A judge has refused to strike the case out after his defence argued that he would not get a fair trial because CCTV footage of the incident was "missing".
Barbour, of Hazelcroft Road, Finglas, has pleaded not guilty to charges of breach of the peace and failing to obey garda directions outside the vet's at New Cabra Road, Dublin 7.
The incident is alleged to have happened on May 19 last year.
Dublin District Court heard a disagreement about the Barbour's brother's dog had taken place and Barbour got involved.
His brother did not want the dog to be put down.
Barbour then behaved in a way that the prosecution alleges constituted a breach of the peace.
Defence solicitor Peter Keatings applied to have the case struck out because video footage which he said was essential had not been provided by the State.
The court heard there was no footage from the vet's surgery and the prosecution had not sought any video evidence from the takeaway restaurant next door.
Garda Amanda Lynch said the only camera coverage at the vet's was at the till area and not the outside.
The "missing" footage from next door would only have covered the final 20 seconds of an incident that went on for 10 minutes, she said.
Mr Keatings argued that the footage might have shown whether the accused's alleged behaviour was motivated by "fraternal loyalty".
He said that the accused's brother had a medical condition. Garda Lynch said there would be "further allegations" regarding the accused's alleged behaviour.
She said if CCTV footage from the takeway had been obtained it would only have shown her effecting her arrest on Mr Barbour.
The garda said she was in a position to prosecute the case without any video evidence because there were three witnesses.
State solicitor Tom Conlon said there was no real risk of an unfair trial.
He pointed out that in a public order case, CCTV evidence could not show what was said and how it was said.
Judge Grainne Malone said she did not think it was appropriate to strike the case out and that issues raised by the defence in legal argument could be brought up again at the trial.
She adjourned the case to April 23 for hearing.