The owner of a pitbull who is currently accused of involuntary homicide after his dogs mauled his elderly grandmother to death at her Msida home, has been cleared over separate charges of animal cruelty.

André Galea was arraigned after a series of reports reached the Animal Welfare Directorate about the plight of two dogs which were being kept in a  yard at the man’s Paola address.

Neighbours complained about the stench that drifted from the yard as well as the sewage that flowed out onto the pavement.

Attempts to contact the dog owner proved difficult and finally, animal welfare officers sought police assistance and an inspection was carried out at the premises in June 2018.

Officers subsequently reported that the place was big enough for the Fox Terrier that was allowed to roam freely in and out of the yard.

However, during a second early morning visit in August, officers inspecting the yard from the rooftop of neighbouring property observed two pitbulls that appeared to be confined within that closed space, with only a plastic kennel for shelter.

Photos taken from above showed bowls set out with food and water, but the place was littered with animal faeces.

A vet who testified later in the proceedings said that the animals risked dehydration and heat stroke because of a lack of proper ventilation and no shading to protect them from the midsummer sun.

Animal welfare officers flagged a number of shortcomings and breaches of animal welfare rules.

Charges were issued against Galea for alleged animal cruelty.

The accused's father testified that although the dogs belonged to his son, he cared for them because the accused went through bouts of depression.

He insisted that the dogs were given adequate food and water, the yard was frequently cleaned with specific products and the door leading out of the yard was unlocked, allowing the dogs to go inside.

“It could not be said that every dog outside in a yard in summer is mistreated."- Magistrate Nadine Lia

When delivering judgment, Magistrate Nadine Lia observed that the prosecution had not proved how long the animals had been kept outside nor how often.

“It could not be said that every dog outside in a yard in summer is mistreated,” said the court.

No civilian witnesses were summoned to shed light on the situation. Not even the neighbours were summoned, thus denying the court the opportunity of hearing “independent witnesses” who were in a better position to explain what actually happened inside the yard on a daily basis.

More crucial was the fact that none of those who testified said that the dogs were in a bad state.

There was no evidence that the dogs were “sick, whining, skinny, uncomfortable or in pain,” in terms of law, said Magistrate Lia.

The accused’s father said that he had lived for five years at the Paola premises which had “a yard and a room, a very big room for the dogs and a kennel, a very big, big kennel.”

It appeared that the accused himself lived at Msida at the time.

The prosecution did not produce evidence to contradict the father’s version, leaving room for reasonable doubt as to where the accused himself lived at the time.

In light of all evidence the court cleared the accused of all criminal wrongdoing.

Lawyers Gianluca Caruana Curran and Charles Mercieca are defence counsel.