A man who kicked up a violent resistance when an eviction order was being enforced at his farm was given a suspended sentence and a €25,000 fine.

David Pace, 41, was faced with charges of animal cruelty and resistance to public officers who were performing their duty. Animal welfare inspectors had found emaciated animals in a state of “total disaster” at Mr Pace’s Biżbiżija farm, in the limits of Mosta, in December 2017.  An eviction order had been issued by the Lands Authority. 

Administrative Law Enforcement officers had come across some 15 horses, all skin and bone, in stables where the floor was covered in a layer of stools “40 centimeters deep”.

On the farm, officers had also discovered 15 dogs, leashed on short chains, bearing sores on account of tight-fitting collars and “in a very bad condition”.

Other livestock, consisting of turkeys, rabbits, chickens and pigs, were all being illegally kept at the farm. 

Animal welfare authorities conducting two inspections at the farm over a five-month span had noted a deterioration in the overall conditions of the animals.

On the day of the incident, the accused had kicked up a commotion when turning up at the farm while the eviction operation was taking place, banging his fists and spitting on the officers’ car.

Criminal charges were pressed against the man who later testified that he had seen his father being manhandled by police officers upon his arrival at the farm. 

However, that version was not corroborated by any of the animal welfare officers and Lands officials who witnessed the scene, the court concluded, observing that indeed, the accused’s father had attempted self-harm by banging his head against a wall and flinging himself on the ground. 

Animal welfare and Lands Department officials on site had unanimously testified that the accused’s father had not been manhandled, observed the court, pointing out that the accused’s version was hard to believe. 

As for the conditions of the animals at the farm, the court said that the testimony of vets and animal welfare officers left no doubt as to the “very bad” physical state of the animals, which was a “cry for help”.

Not only were they “very hungry” but the state of cleanliness was “zero” and the animals had lacked medical attention and adequate shelter.

Some of the dogs were microchipped in the name of third parties who were relieved to be reunited with their pets, the court also observed, while others were not microchipped at all. 
The accused himself had testified that he lacked the necessary financial means to keep all those animals, noted the court, adding that, however, he had failed to entrust his animals to the relative authorities as was his duty to do. 

The prosecution had also proved the aggression by the accused upon four policemen, biting and kicking one of them in the scuffle that broke out. 

In the light of all evidence, the court, presided over by magistrate Donatella Frendo Dimech, also taking note that the accused was not a first-time offender, the illegality had protracted over a period of time, and the considerable number of animals involved, condemned the man to a two-year jail term suspended for four years and a €25,000 fine. 

He was also banned from holding a dog licence for 15 years, also ordering all animals to be taken into custody by the Animal Welfare Department. 

The court ordered notification of the judgment to the Agriculture Minister and the Justice Minister after noting that the court had no power to revoke any permits issued under the Animal Welfare Act. 

 Inspectors Nicholas Vella and Colin Sheldon prosecuted.