Man acquitted of causing pet dog unnecessary suffering after prosecution blunder

A 55-year-old man from Santa Venera was acquitted of causing unnecessary suffering to an animal and keeping the animal without ensuring its proper care, among other charges.

A report was filed at the Ħamrun police station on 8 January 2023.

Police officers visited the premises of the accused, Charles Mangion, and found a female dog confined to a small balcony measuring approximately 85cm by 278cm. Testimony established that the space was smaller than the minimum size required by law. The balcony contained a small, broken plastic kennel and dog urine on the floor.

An employee from the Animal Welfare Directorate testified that on 9 January 2023, he visited the property with a colleague and two Ħamrun police officers. 

The dog was found locked on the balcony. The accused’s mother was present and, when asked why the dog was being kept outside, she said “the animal made a mess inside the house.”

In her testimony, Sammut confirmed that the dog was microchipped but not registered, meaning it was not linked to a registered owner. The dog did not appear dirty, although the balcony floor was covered in urine. She added that the dog was thinner than usual but was otherwise in good health.

Mangion was later contacted by telephone and asked to sign a consent form allowing the Animal Welfare Directorate to take custody of the dog. He refused and allegedly told officials: “You do it yourselves.”

The dog was subsequently taken to the APH Veterinary Hospital for a routine medical examination, where it was confirmed that it was microchipped but unregistered. 

Reports and photographs exhibited in court showed that the balcony door was blocked by a bench. The photographs also showed the dog on the balcony, the damaged kennel, and the limited space available. 

The court heard that the accused had previously been warned following several other reports made against him since 2021, when an inspection had also been carried out.

Another witness mentioned that a cardboard barrier had been placed in front of the balcony door to prevent the dog from entering the house and from looking outside.

Despite this evidence, the court noted that the inspections relied upon by the prosecution were conducted at a property in Santa Venera between November 2022 and January 2023, whereas the charges listed in the summons referred to facts allegedly occurring in Mellieħa and during a different period.

The court described this as a substantial discrepancy between the facts alleged and those established by the evidence.

It stressed that it could not ignore these differences, as doing so would run contrary to the principles of a fair hearing.

Consequently, the court concluded that the prosecution had failed to prove its case and found Charles Mangion not guilty on all charges, acquitting him.

Mangion was represented by defence lawyer Nicholas Mifsud. Magistrate Nadine Sant Lia presided over the case.