“MEPA should have done their job properly in the first place by not letting it [the illegal Montekristo zoo] grow to such a large size,” recently appointed Animal Welfare Commissioner Emmanuel Buhagiar said.

Speaking with The Malta Independent, Mr Buhagiar explained that with regard to the illegal Montekristo zoo in Hal Farrug, the Animal Welfare Directorate deals with the standards of the animal enclosures and not the legality of the zoo itself.

“The legality of the Montekristo zoo is not an animal welfare case. The way in which they are kept, that is the enclosures, is where the animal welfare aspect comes into it. The zoo had many areas up to code, and to my knowledge the tiger and lion enclosures were in the process of being improved,” he said.

Asked about the legality of releasing a tiger from its enclosure during opening hours, and with members of the public present, Mr Buhagiar said that “it depends on the kind of tiger, baby tigers may be moved from their enclosure.”

“If it was a big tiger, then it should have remained in its enclosure. A big tiger may only be moved from its enclosure if there are direct orders from the Veterinarian Directorate. You cannot just take the tiger out of its enclosure without direct orders, that is the whole point of having an enclosure,” he said.

Images have emerged in the media of baby lions gnawing at and mauling a donkey, as their enclosures are side-by-side. The only structure separating the animals is bars through which the lions can easily reach in and grab their prey.

The five animal freedoms stipulate that, amongst other safeguards, an animal must not be left in distress, however by putting predator and prey together the zoo keeper is effectively leaving the animals in great distress. Natural animalistic instincts obviously leave the predator, the lions in this scenario, agitated and angry as they can see and smell what would otherwise be a meal for them in the wild. The prey is in equal amounts of distress as they too can constantly sense imminent danger by being so close to an animal they would ordinarily run away from in the wild.

Turning to the question of why the illegal zoo is still operational, he said that this is because they have been taken up to court, but the case is still ongoing.

“On November 17, Charles Polidano was meant to be at court for noon, before Magistrate Micallef Trigona. The police inspector however, got caught up on other work and could not attend. As a result, the case has been postponed,” he said.

The Malta Independent had initially broke the illegal Montekristo zoo story, sparking public outcry and court proceedings.

“The court certainly has the power to request that the zoo must close its doors, however what will happen to the animals? Where will they be sent?”

50% of zoos in Europe have an animal housing issue, Mr Buhagiar added. He also said that by asking the zoo to close its doors, the animals could end up suffering more, therefore it makes sense to ensure that the animal enclosures are up to code and of a certain standard.

Mr Buhagiar spoke of the inspection he had overseen three years ago at the Montekristo zoo. He said that in many areas the zoo was up to code, for example the horse enclosures and the aviary. He said that there were of course areas that needed to be improved, but that to his knowledge many enclosures were in the process of being improved.

“Regulations on the owning and keeping of animals are to be published in the future. The law will regulate all aspects on the keeping of animals, and it will apply to everybody. For starters, one would have to register the animal that they are keeping. Big fines will be imposed for breaching regulations, ranging from €1000 to €8000. Jail time could also be imposed of about three years,” Mr Buhagiar said.