Dog lover cleared of cruelty to animals charges
The Criminal Court of Appeal, presided by Mr Justice Joe Galea Debono, yesterday acquitted a woman of charges of inflicting cruelty to animals. Alessandra Fenech, 42, of Swieqi, had been found guilty of inflicting cruelty on one of her dogs. She had...
The Criminal Court of Appeal, presided by Mr Justice Joe Galea Debono, yesterday acquitted a woman of charges of inflicting cruelty to animals.
Alessandra Fenech, 42, of Swieqi, had been found guilty of inflicting cruelty on one of her dogs. She had been fined Lm20 after she had told the police she made use of a "spike collar".
Mr Justice Galea Debono said the case was instituted after the police saw the accused woman`s daughter going to a party wearing the spike collar and seized it.
Fenech went to the police station the following day to reclaim the spike collar and when the police asked her what she used it for she replied she used it to train her dog.
Criminal charges of inflicting cruelty to animals were issued and she was found guilty last February.
Fenech appealed, arguing that she used the spike collar on a great dane which she had saved from death as someone had left it with a vet to be put to sleep and that she had other dogs.
The collar, she had said, was only used for a short time during the day to train the dog. It could be worn with spikes on the inside or on the outside and the accused said she used to place it on the dog`s neck with spikes pointing outwards. The aim was to train the dog not to tug on the leash as the clips on the innerside caused some inconvenience to the animal when it tugged on the leash.
Mr Justice Galea Debono said various dog experts had pronounced themselves about the use of this type of collar and concluded that although it looked menacing it was a tool that increased the level of safety and control for both dog and handler.
The court further noted that Fenech had only started using the collar when the dog was some two years old and was, thus, a strong animal.
Mr Justice Galea Debono said it was evident that the accused was an animal lover as she had various dogs and that she used to put the spike collar on the animals with prongs pointing outwards.
The court felt there was reasonable doubt about whether cruelty was involved and therefore acquitted the woman.