A man who received a record punishment for animal cruelty argued yesterday that the five-month jail term and €20,000 fine he was given were excessive.

He also made a case for acquittal on the basis of a procedural error in his arraignment.

In the first appeal sitting, government-employed watchman Joseph Galea, 58, of Vittoriosa said he did not intentionally harm Gaia, the dog, originally named Kimba. He had thrown it into a skip because it was barely alive after suffering from sand fly for a week.

It was found clinging on to life on October 1 by a jogger who had heard noises coming from the garbage bags. Despite the vet’s efforts, it died later that evening.

Defence counsel Noel Camilleri argued that Mr Galea saw no other way but to get rid of the dog because he could not pay for a vet and did not know that the government provided such services.

The lawyer said Mr Galea had cooperated with police and in his police statement had admitted to what he had done. Yet, Dr Camilleri argued, this was not given the proper weight by the court when deciding on punishment.

Another bone of contention related to the fact that, according to court documents, it did not appear that Mr Galea was given time to reconsider his guilty plea and was not asked to confirm such plea, as he should have been. Furthermore, he was not warned about the severe consequences of admitting to such charges, the lawyer said.

In response, lawyer Giannella Busuttil, from the Attorney General’s office, pointed out that the appeal filed by Dr Camilleri did not include the procedural laws that were meant to have been broken.

Mr Justice Michael Mallia, hearing the appeal, put off the case to January giving time for Dr Camilleri to respond.