Donal Rogers, 85, and his legal team withdrew his High Court appeal against the destruction order for his dog Kim on Thursday, July 28, which has led some people to believe Rogers had given up, but that is not the case, he has since clarified.
“The court indicated to me that there were other avenues to pursue and I am pursuing those avenues now,” Rogers told the Irish Times. He said he is taking legal advice and is hoping to bring the case back to the Circuit Court.
An order for Kim's destruction was issued after the Jack Russell Terrier bit a passerby outside Rogers's home in Co Roscommon.
Rogers previously said that Kim, who has no history of biting, was laying in front of his house when a group of strangers came down the road walking.
Kim "ran out on the road, and she nipped the person on the leg," Rogers said. He says he immediately apologized when the husband of the woman who was nipped came to his door.
“I offered to take her to hospital,” Rogers said, “but she refused to travel with me.”
The woman, who is in her 60s, was taken to hospital by a neighbor of Rogers and had her wound treated before being sent home. She later said in court that she was attacked from behind and required eight stitches.
Rogers soon after received a court summons in relation to the incident. In subsequent hearings, the woman who was bitten demanded that Kim be destroyed.
Rogers offered to compensate the woman, but the woman refused. An order for Kim to be put down was granted.
Last week, a “final plea” penned by Rogers was published by Gript.ie, in which the 85-year-old offers solutions to the victim who was bitten by Kim.
On Thursday, when Rogers and his legal team indicated that they would be withdrawing his High Court appeal, the victim asked the Deputy Master of the High Court if that meant that the destruction order remains in place and if this was the end of legal proceedings regarding the case.
The Deputy Master said that she assumed the order did indeed remain in place, adding that while the case mentioned before her was at an end, any other potential legal actions were a matter for Rogers.
Rogers acknowledged on Friday he is now in breach of the court order to have Kim put down.
“I have worries because they can come after me,” he admitted. “I don’t know if I will be arrested but I would think it is possible. I have a Plan B if someone does come to arrest me. I am not going to tell you what that is.”
Rogers is not alone in his mission to save Kim. An online 'Save Kim' campaign has exploded in popularity since the story was first reported by Gript.ie. As of Friday afternoon, a Change.org petition has garnered more than 165,000 signatures, while a GoFundMe page has separately raised more than €8,500.
“The battle is far from over, not even half over,” Rogers said. “My supporters are fighting to keep Kim alive. I have wonderful support from all over the country.”
Rogers said he is “flabbergasted” by the support.
“I can assure you that my supporters will not allow the dog to be put down,” he said. “That is all I can say. The dog cannot be seized from me and put down because she is not on the list of dangerous dogs.”
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