Copyright maltatoday
The Court of Criminal Appeal has upheld a three-year prison sentence handed down to a 25-year-old man from Ħal Għaxaq, who was convicted of animal cruelty and a series of other offences, including illegal possession of a firearm and breaching bail conditions. Clyde Mallia had been found guilty by the Magistrates’ Court of keeping a firearm without a licence, killing a cat, ill-treating animals, failing to provide proper care, carrying out a cosmetic surgical procedure on a dog, and repeatedly breaching bail in separate criminal proceedings. He was sentenced to three years’ imprisonment, had multiple bail decrees revoked and €11,000 in deposits confiscated. He was also disqualified from holding a driving licence and made subject to restraining orders in favour of individuals involved in the case. Mallia appealed, arguing that the Magistrates’ Court had misinterpreted the evidence and that the Prosecution had failed to prove the charges beyond reasonable doubt. He claimed the dog at the centre of the animal cruelty allegations did not belong to him, but to a woman named Xasnolley Schembri, and relied on her social media posts and veterinary statements to argue that the animal had always been in her care. He also challenged Schembri’s credibility. On punishment, Mallia insisted that the sentence, including jail time and forfeiture of bail deposits, was excessive, noting favourable probation reports and the fact that he had been held under arrest since the start of proceedings. The prosecution countered that the sentence should stand. The Court of Appeal agreed, ruling that the evidence clearly proved Mallia’s connection to the dog, noting that he himself admitted he intended to collect the animal from Schembri’s residence, a fact confirming his custody and involvement. The judge held that the Magistrates’ Court had made a correct and lawful assessment of the testimony and expert evidence, and that the conviction and sentence were justified. The appeal was dismissed in its entirety. The Court also confirmed Mallia’s 12-month driving licence disqualification, which will begin to run from halfway through his sentence, and warned him of the legal consequences should he breach the restraining orders issued in favour of Xasnolley and Christine Schembri. The sentence will be communicated to the Magistrates’ Court, where other proceedings against him remain pending. Inspector Sarah Kathleen Zerafa prosecuted. The case was presided over by Judge Natasha Galea Sciberras.
