An animal-loving couple deprived of their 49 dogs following an inspection by animal welfare officers five years ago have been cleared of animal cruelty charges. 

The court instead found that the dogs had only suffered ill-treatment while in custody.

Back in 2012, Philip and Mary Borg had been charged with keeping the animals in substandard conditions and with causing them unnecessary suffering.

Animal rescue officers had swooped down upon the couple's house and removed the animals one by one as their owners looked helplessly on.

All the dogs, relocated to the government farm at Għammieri, were examined and found to have been in very good health except for one who had been taken in as a stray shortly before the raid.

It was evident that the animals had been well cared for by the couple. There was even a blind dog adopted after it was found roaming the streets.

Police inspector Robert Said Sarreo had testified how Mr Borg had “regarded the animals as his children” pointing out that the man was almost in tears as his beloved creatures were being taken away.

Former Animal Welfare Officer Emanuel Buhagiar had testified how the dogs had been found in ‘excellent form’. During the inspection, the animal welfare authorities had also removed a kestrel, an eagle and several parrots from the Borg household.

The court was informed that one of the dogs had died while under the care of the Animal Welfare Services after allegedly being attacked by a goat. A number of the animals also had to be put down.

The remaining animals were eventually returned to the Borg couple who had, pending the proceedings, acquired a disused warehouse at Mrieħel so as to provide more spacious lodging for their animals.

The court, presided over by Magistrate Audrey Demicoli, observed that it did not emerge clearly from the charges whether the couple were being charged with cruelty to animals or with keeping them in substandard conditions. “This contradiction necessarily implies that the accused cannot be found guilty of the charges as stated,” the magistrate said.

Moreover, it had been sufficiently proved that the animals had been well-fed and treated, so much so that they had been certified as being in good condition.

Any ill-treatment the dogs had suffered was at the hands of the authorities, the court concluded, noting that while under the custody of the Animal Welfare Department the dogs had become infested with fleas.

On the basis of such evidence, the animal loving couple were declared not guilty of the alleged ill-treatment.

Lawyer Jason Grima was defence counsel.