A man who “mercilessly” whipped his horse on its genitals ahead of a festa race in Gozo four years ago, was on Tuesday convicted of animal cruelty.

He was also found guilty of injuring three bystanders when the terrified animal broke free, running wild among the crowd of spectators. 

Dylan Micallef was handed a suspended sentence and fined €5,000, however, court could not ban him from keeping an animal ever again, as the case happened before the 2021 legislation reform. 

The incident dates to July 9, 2018, when Micallef subjected his horse to a “senseless and unsolicited” bout of whipping before approaching the starting line on Fortunato Mizzi Street, Victoria.

Two bystanders, who had a clear and unobstructed view across the well-lit stretch of road, recalled they had seen the horse being held down by two men, while a third person, identified as the accused, whipped it on its genitals. 

The group were standing close to a petrol station, away from the other competitors who were “warming up” near the start line. 

Suddenly, the animal broke free from “the cruel hands” of the accused, bolted across the street and headed straight towards the pavement.

Three bystanders suffered injuries, one of them ending up in critical condition.

The horse’s owner was prosecuted for causing those injuries through negligence and also for animal cruelty.

'Unreliable testimonies by jockey, son'

When delivering judgment, the court, presided over by magistrate Donatella Frendo Dimech, observed that although the incident happened at around 11.20pm, the street was well lit and there was no overcrowding.

The eyewitnesses’ testimonies were deemed reliable by the court, unlike those of the jockey and his son who were with the accused at the time. 

They claimed that the horse bolted when another horse brushed against it. But that version was not corroborated “by the slightest evidence,” remarked the court. 

Unequivocal evidence showed that the accused had whipped his horse to purposely raise its blood pressure, making it go wild and run faster once the race started.

Such behaviour was simply “cruelty and nothing else.”

The whipping had doubtlessly triggered the animal’s reaction, observed the court.

And the accused ought to have foreseen such a reaction by the horse, knowing very well that it would then be difficult to control the animal.

When an animal is taunted, it is bound to react, let alone if the animal is whipped mercilessly, “simply to win a festa race,” the magistrate said.  Moreover, Micallef carried out this act on a crowded street.

While concluding that the prosecution had proved its case beyond a reasonable doubt, the court remarked that had police collected all CCTV footage from the scene of the incident earlier, proceedings would have been wrapped up in a shorter time.

That would also have meant fewer expenses for the public coffers, court added.

As for punishment, the court took note of the accused’s clean criminal record, the nature of the offences and the fact that the incident took place four years ago. 

The accused’s “cruel and daring behaviour” merited more than just a fine, said the court, condemning him to a 20-month jail term suspended for three years and a €5,000 fine payable within two years. 

Since the incident happened before the 2021 legal amendments, the court could not ban the accused from keeping an animal ever again.

The court also ordered the accused to pay €846.51 by way of court expert expenses.

Inspector Bernard Charles Spiteri prosecuted.