Man who kept dog in 'very bad conditions' handed suspended sentence

A 75-year-old man has been handed a suspended sentence after he was found breaching the Animal Welfare Act by not taking the necessary steps to care for his elderly dog.

Anthony Desira from Għaxaq was accused of having caused the dog unnecessary pain and suffering and having breached animal welfare law.

Animal Welfare Officer Conrad Galea testified that an inspection carried out in August 2022 at a residence in Għaxaq found a 14-year-old husky in a yard.

The yard had a room built out of wood, but the dog could not stand on its feet. Describing the “very bad conditions”, Galea explained that while there was no faeces, flies were swarming in the dog's food.

The dog growled at the officers because it was in pain and displayed a matted coat, the court heard. The dog was confiscated.

The accused told the officers that he never brought a vet on-site.

Asked about the animal's owner, Desira told officers that it belonged to his son, who he said was away in Albania.

But Galea explained that Desira was considered the owner due to the dog being in his care. It also transpired that the dog was chipped but not registered.

The court observed that the Animal Welfare Act does not only provide for criminal action against the registered owners, but also against individuals who agree to keep an animal.

When considering the charges brought against him, the court observed that the Animal Welfare officers assumed that the dog was in pain because there were no visible lacerations or signs showing that it had been mistreated.

The dog was held in a clean environment, but in a bad condition. Moreover, the veterinary doctor treating the dog could not shed light on the husky’s condition.  

The court ruled that the prosecution did not manage to prove beyond reasonable doubt that the man had mistreated the dog or caused it unnecessary suffering.

“However, the court has no doubt that the dog was not being kept in appropriate conditions,” Magistrate Gabriella Vella said.

The court observed that while the dog had food and water, this was full of flies, and therefore “it was surely not good for eating and a risk to the dog’s health”.

“While it is true that the inspection was carried out in mid-summer, this does not exculpate [clear] the accused, but rather shows he had not been taking good care of his dog", the court said.

"On a hot summer day, one needs to be more careful about the animal’s food and remove any leftovers to avoid such a situation.”

The dog’s matted coat and incontinence led the court to rule that it was “clear” that no steps had been taken to ensure the dog was in good health.

“The court believes that a senior dog is more vulnerable and needs more attention. Clearly, the accused did not give him such attention,” the court said.

The court found the man guilty of not taking good care of the dog and of not taking the necessary steps to address its needs.

When considering punishment, the court took into account Desira’s criminal record, noting that while he had some convictions, he had never been found of breaching the Animal Welfare Act.

It also took into consideration the man’s age and his health conditions, and upheld both the prosecution's and defence’s submissions that an effective prison term was not suitable.

The court then considered the prosecution’s request to prohibit him from keeping animals or residing at a place where animals are kept. The court agreed to the request because the man was found guilty of breaching the Animal Welfare Act.

The court handed Desira a two-year prison term, suspended for four years.

Magistrate Gabriella Vella presided.

Police inspector Elliot Magro prosecuted.