A pet owner whose Russian-imported Savannah cat was not classified as a dangerous species at the time of acquisition, has been cleared of breaching animal welfare regulations.
Mark John Mizzi, 38, faced criminal prosecution over a cat he imported, complete with a pedigree certificate, last year.
According to that certificate, the cat was a 'Savannah F1' - the offspring of a pure serval father, Gay Julius Caesar and a hybrid mother, Ariel Royalstatuscat.
The cat is characterised by distinctively large ears, longer than those of the ordinary domestic cat, and coat markings similar to those of the serval, ‘dangerous’ species.
The pet owner was charged with various breaches under the Owning and Keeping of Dangerous Animals Regulations, which classify various categories of animals as ‘dangerous.’
The man pleaded not guilty to the charges concerning the pet he kept at Balzan dating back to May 2021, when the Savannah cat was not explicitly listed as ‘dangerous’ in terms of the law.
Nonetheless, the prosecution argued that the cat fell within the definition of a dangerous animal in terms of Schedule B of the 2016 regulations drawn up by the Director responsible for Veterinary Services.
'Not a pure serval breed'
Under the category of Felidae (cat family), besides listing those animals which were ‘dangerous,’ Schedule B also laid down criteria for exemption.
The prosecution argued that the accused’s cat did not qualify for an exemption, with one witness explaining that the animal was 25% domestic and 75% serval.
However, a female vet testified that it was “very difficult” to determine the cat’s breed and that it could not be excluded that one of its parents was a domestic cat.
A court-appointed expert, who physically examined the cat, reported that although the animal did have certain morphological features similar to those of a serval cat, such as its fur pattern, it was smaller in size and showed no signs of dangerous or aggressive temperament.
Moreover, its certificate of importation clearly stated that it was a “Savannah F1” not a pure serval breed, and there was no issue with that document’s authenticity.
The court expert pointed out that, to eliminate any doubt, the legislator ought to have listed the Savannah cat under the 'dangerous animals' category.
When delivering judgment, the court, presided over by magistrate Rachel Montebello, shared that view, stating that the court itself would not lend a wider interpretation to the definition once the legislator itself chose not to expressly include this cat under the dangerous animals’ category.
Environmental and Resources Authority officials had not been notified of the cat’s importation so as to physically inspect the animal upon arrival.
The Director for Veterinary Services later made a request to that effect, but the prosecution did not follow it up, declaring that it had no further evidence to put forward.
The court could not help notice that the Director himself had addressed the doubt surrounding the classification of the Savannah cat by issuing an Emergency Order, published in the Government Gazette on February 11, 2022, declaring that this cat was to be listed as ‘dangerous’.
However that declaration could not be enforced retroactively, said the court, clearing the accused of all charges.
Lawyer Mario Mifsud was defence counsel.