Were ponies allowed to wander illegally on the public road or was it an act of God that brought down a tree on the night of Storm Éowyn in 2025 and allowed them escape?
This was the quandary faced by a Judge who had to deal with a charge against a young horsewoman of allowing her animals to wander.
Before Judge James Faughnan at Ballinasloe District Court was Amber Coen, Earls Park, Ballinasloe charged with the offence.
The Court heard evidence that Gardaí attended the scene of an accident at 7.35am on February 2, 2025. They found a small horse dead on the road. A VW Golf driven by a local lady had collided with two horses on the road.
Her car was written off and she suffered soft tissue injuries.
Amber Coen arrived on the scene and identified both horses as hers.
Judge Faughnan said the most important question was if the defendant had insurance to cover the damage.
Amber Coen said that Storm Éowyn had taken down a tree on the land where the ponies were kept. She had an electric fence in place to keep them in but the falling tree had taken it out. It was in an remote part of the field and the damage was initially difficult to detect.
Garda Sgt Christy Brown said the defendant had accepted the ponies were hers and she and her father called to the house of the injured party and offered to pay for the damage.
However, when an invoice for hospital treatment was subsequently forwarded to them, the injured party heard no more from them.
Judge Faughnan said that the charge was of allowing the horses to wander but he had to take into account the role played by the storm in these events and decided if this could be classed as an act of God. He adjourned matters until the June 4 sitting of the Court to give this consideration.
