The Veterinary Department had already culled 200 of a farmer’s 500 sheep – because he had failed to comply with a legal requirement to register them – before he managed to obtain a court injunction to stop further slaughter.

Unregistered animals are automatically presumed to be sick

Gianni Attard resorted to the Gozo Courts to stop the Veterinary Department culling any more of his sheep after almost half his herd, some of which he claimed were pregnant, were wiped out.

Through his lawyer Kevin Mompalao, the farmer filed an injunction against the department and its director general, Anthony Gruppetta, to stop the sheep cull at his farm in Għarb.

Mr Attard said he should be given the opportunity to register his animals.

Before Magistrate Josette Demicoli, he explained that he owns a farm in Għarb where he has a number of animals. He did not contest that they had not been registered but requested the court to order the department not to put them down.

However, Dr Gruppetta said any animal not registered with the Veterinary Services Department was automatically presumed to be sick because its roots could not be traced and was therefore considered a health hazard. The action at the farm was therefore legal.

The department’s inspectors went on site the day after a report was filed and established that the animals were unregistered.

A day later, inspectors and other personnel from the department went back to the farm and started the cull.

Mr Attard filed an urgent application in court to stop the culling. Testifying, Dr Gruppetta admitted that no tests are carried out on unregistered animals to determine whether they are sick.

He also told the court that according to the regulations, it was not possible for the farmer to bring himself in line with the regulations and register his animals because their origin could not be traced. The court heard that some time ago the department’s Gozo branch had been informed about Mr Attard’s animals not being registered and he was given the opportunity to register them but he failed to do so.

Magistrate Demicoli said the whole point of the court case was the interpretation of the regulations and whether unregistered animals were automatically presumed to be sick and therefore had to be put down.

The magistrate said the court could not understand the direct connection between the two and that the suspicion of a sickness was not backed up by proper tests.

She therefore upheld the farmer’s request to stop the department from culling anymore of his animals until this legal point is established.

Mr Attard also claimed in court that he had asked the authorities to inoculate his sheep in July 2010 but nobody showed up.

mxuereb@timesofmalta.com