A man who killed his family pet Chihuahua by slamming it against a bedside table was handed a two-year jail term and fined by a Magistrates’ Court on Tuesday.

Leon Borg, 22 admitted to the aggression, saying that the dog had begun to bark loudly when the police turned up and just would not stop.

The episode took place one July evening last year. The young man’s mother had sought police assistance, telling officers at the Birkirkara police station that her son was acting aggressively after ingesting a box of pills.

District officers together with members of the Rapid Intervention Unit went over to the family home where they accompanied the accused down from the roof.

At the time, the youth had seemed calm, denying having swallowed the pills, which he pulled out of his pockets, 45 in all.

However, upon entering a bedroom, he suddenly snatched and smashed his brother’s mobile phone.

It was then that the family dog, a black Chihuahua named Otis, entered the room, barking.

Borg had lifted the animal and slammed it against a bedside table, prompting the policemen to intervene.

The aggressor put up a struggle and had to be physically restrained before he was led away, handcuffed, to the nearby police station. One of the officers suffered some abrasions in the scuffle.

The pet dog died shortly after the incident.

“A strong message must be sent out to those who commit acts of animal cruelty, since such actions are unacceptable,” said the court, presided by Magistrate Joseph Mifsud, pointing out that “unfortunately, Maltese [society] did not have much to be proud of in this respect….”

Referring to frequent reports of animal cruelty, Magistrate Mifsud said that animals could suffer as a result of acts of commission as much as those of omission.

A pet could be physically thrown out of the family home or could be neglected through lack of sufficient food and care, he said, explaining further that an animal could suffer when given insufficient or inappropriate food, or through physical mistreatment just as through lack of necessary veterinary care.

Magistrate Mifsud made reference to Mahatma Ghandi who once observed that, “The greatness of a nation and its moral progress can be judged by the way that its animals are treated.”

“Man should not use and dispose of animals as he pleases, but must ensure that [animal] rights are safeguarded,” he said.

As for aggression against police officers, the magistrate said the court was reiterated its message that such behaviour could not be tolerated and that “no-one can be excused for threatening or assaulting any police officer, no matter the reason.”

In this case, the probation officer who had drawn up a pre-sentencing report had recommended an effective jail sentence, since Borg “had repeatedly failed to abide by the conditions of earlier judgments,” leaving “no room for supervision within the community.”

This report, together with the evidence put forward and the circumstances of the case, led the court to pronounce a conviction, condemning the accused to a 2-year effective jail term and a €5,000 fine.

Borg also faced the prospect of an additional one-year imprisonment in terms of a previous suspended sentence which, however, “had been misplaced and could not be found” as recorded in the acts of the proceedings. The court stressed that it could not sentence the accused in this regard.

Inspector Christina Delia prosecuted.

Lawyer Simon Micallef Stafrace was legal aid counsel.