Pet groomer who caused death of Pomeranian fined €5,000

A pet groomer was found guilty of causing the death of a Pomeranian and was fined €5,000.

Alejandro Jose Molina Becerra, a Colombian pet groomer, and Soren Nygaard Andersen, Petland owner, were accused of causing the Pomeranian unnecessary pain, suffering or distress.

They were also accused of being irresponsible for the dog's health and welfare and of not taking the necessary steps to ensure that the animal’s good health and well-being were cared for.

The case dates to September 4, 2023, when Keith and Nadia Caruana took Prince to Petland for the first time.

Nadia Caruana dropped Prince off to be groomed at 8.30am.

At about 11.20am, the woman received a call that Prince had experienced respiratory problems, and she headed to Petland. There she found Prince lying motionless in a tub, someone holding his neck and a vet administering an injection. The dog looked lifeless, and its tongue had turned purple. Prince jerked twice before he died.

The dog was taken away after her husband arrived for a post-mortem examination.

The veterinary doctor who carried out the post-mortem examination told the court that Prince suffered a hypovolemic shock resulting in an accelerated heartbeat and rapid breathing. She also confirmed that the dog suffered an internal haemorrhage.

Animal Welfare’s Veterinary Officer Justin Camilleri testified that the videos he had been given show that Prince had been roughly handled while being groomed.

A veterinary technical officer testified that the footage shows the groomer was using techniques that are not recommended, and the dog was visibly in distress. There were also instances in which the dog was left alone on the grooming table.

Molina Becerra testified that he read for a degree in biology and chemistry, took courses in pet grooming and holds an international licence.

He said Caruana had informed him that the dog had respiratory issues and recalled asking her to stay with the dog some three times before she left. He had also pointed out that she would incur an extra charge since the dog’s fur was matted and required more work.

He testified that the noose used while grooming Prince was for security purposes and to keep the dog in the middle of the grooming table.

He also said that he tried to keep Prince on his feet because the dog was obese and sought to sit down.

Molina Becerra also said that the air conditioner and the blower could not be used simultaneously, and he had to turn off the air conditioner when using the blower. He explained that he would see five to six dogs a day and had no issues.

Confronted as to why he lifted the dog from its feet while the noose tightened around its neck, the accused said he was simply making sure that the dog was properly dried.

In its considerations, the court expunged the statements given by both accused, since there was no evidence that the two men were given their rights at the interrogation stage.

The court observed there was no doubt Molina Becerra had been grooming Prince, and that Andersen arrived at the scene when the dog was already dead.

The court observed that the prosecution charged Andersen as a shop owner and Molina Becerra's employer.

Once the statements had been expunged, the court was only left with Molina Becerra’s testimony, which, according to the law, is only admissible in his regard and not in that of his co-accused, Andersen.

However, from the evidence, Molina Becerra is registered as Martha Louise Andersen’s employee, not the accused.

The accused is registered as self-employed in Marsascala, while the shop is in Għaxaq. The prosecution did not bring any evidence to show that Petland is registered under Soren Nygaard Andersen, and therefore, he could not be found guilty of the charges brought against him.

In Molina Becerra’s case, it was not contested that he groomed Prince, with the court noting that the accused had testified in great detail the process and the footage which was filed in court, that shows the whole grooming process, the dog being found in a bad state by another employee and the vet’s response as well as the arrival of its owner.

The court examined the footage and ruled that there was no doubt that Molina Becerra handled Prince in a rough manner that was unnecessary, given that the dog was completely tame, calm and cooperative.

From the evidence, several instances emerged when the accused grabbed the dog by its fur using unnecessary strength.

In one such instance, he grabbed him by the neck and another time by the face. There are other instances where Molina Becerra is pressing Prince’s face down while the dog is in a sitting position, before grabbing Prince by the neck and lifting him up.

“From the footage, it is clear that he used certain pressure on the dog, which seems completely disproportionate and excessive, resulting in inevitable stress to the dog that was taken for grooming at the accused for the first time,” the court said.

It also made observations on how the dog had been tied on the grooming table.

While Molina Becerra testified that one noose was the norm and two loops were used in dog shows, the court deemed the statements not credible, given that the footage showed two straps to secure the dog both from the front and the back.

From the video, it also emerged that the dog was about to slip off the table as Molina Becerra turned it round. The court remarked that had the dog fallen off the table, there would have been a real risk that the dog would have hung itself.

It observed that the two straps were there to be used and secure the dog and avoid any tragedies.

It also emerged that the strap, which created the noose, was too short and its front legs were barely touching the table.

The court rejected Molina Becerra’s claims that Prince sought to sit down because it was obese.

It also observed that there was a less stressful way of making the dog sit in a desirable position.

It also rejected claims by the groomer, who said Prince was “normal” when placed inside the crate, with the court noting it was clear the dog could not breathe properly and was panting in an abnormal manner.

Despite such behaviour, Molina Becerra is seen treating the dog with excessive force. The dog was found motionless by another employee.

The court observed that the man tried to exonerate himself by claiming that Nadia Caruana told him the dog had respiratory issues.

This only meant that the man had to take extra care in handling the dog and ensure that Prince is not unduly stressed while being groomed.

It ruled that it was clear Molina Becerra had mishandled the dog using excessive force and that he accepted to groom the dog despite knowing that the air conditioner had to remain switched off while drying it, as from the videos it emerged that Prince was coughing and gasping for air.

The court deemed that the actions do not amount to cruelty as provided for at law, but there was no doubt that the accused failed to treat the dog in a responsible manner to ensure its health and well-being.

The court acquitted Molina Becerra of animal cruelty but found him guilty on the rest of the charges.

When considering the punishment, the court said that while the man had no previous criminal convictions, it could not ignore the fact that this episode could have been easily avoided.

While it did not deem it appropriate to fine him the maximum amount by law, it held that an amount closer to the minimum was not suitable in this case.

The court acquitted Soren Nygaard Andersen of the charges and found Molina Becerra guilty of not taking the necessary measures to ensure Prince’s well-being. It fined him €5,000, which is to be paid in monthly instalments.

Magistrate Ann Marie Thake presided.

Police inspector Doriette Cuschieri prosecuted.

Lawyers Franco Galea and Martina D’Amato appeared as defence counsel.

Lawyers Jason Grima and Kirsty Muscat appeared as parte civile.