The culling of the sheep which belong to Gozitan farmer Gianni Attard is ‘legitimate and inevitable’ to safeguard public health, the Veterinary Services Department, Police Commissioner and the Attorney General wrote in a court reply. 

The reply, a copy of which was acquired by The Malta Independent, by the three entities against whom Gianni Attard is battling in court, states that the call for the suspension of the sheep culling is the result of an ‘abuse of procedure’.

Last Tuesday, Gianni Attard’s lawyer presented an urgent court application to suspend the sheep culling. In the meantime, Mr Attard will appear before the constitutional court over claims of human rights breach.

The five-page reply says that Mr Attard is trying to obtain what he couldn’t obtain from ordinary jurisdiction.

Referring to the allegations of breach of human rights, the entities said that both the local jurisdiction and those at EU level, treat interim measures related to this claim, allow for such measures only in extreme circumstances such as in cases regarding the violation of right to life and inhumane treatment.

“The Constitutional Court has denied the suspension of criminal procedures against people who were facing a life prison sentence because it believed there were no extreme provisional measures. Therefore, using the same measure, there shouldn’t be the slightest hesitation that in this case the court should deny provisional remedy.”

The reply states that the circumstances in this case are not grievous as these are not related to life threatening situations for Mr Attard.

“The allegations made by Mr Attard are completely unfounded both in facts and rights.”

They called on the court to re-open all the proof and considerations that were presented in the procedure before the civil courts.

“The legitimacy of the order to kill the sheep was confirmed in the clearest way by the court of appeal, when it ruled that the Director General had the right and duty to take action as the sheep were presenting a threat to public health”.

It reiterated that the traceability of animals is issued by the national life stock database and those animals that are untraceable can never be introduced in the local food chain.

“Mr Attard entered a state of continuous illegality, and the order to kill all the sheep over the suspicion that these are sick, is inevitable to protect public health.”

It goes on to say that the sheep culling is ‘inevitable and legitimate’.

The reply was presented to Madame Justice Anna Felice following a court application calling for the suspension of sheep culling. The court had upheld the provisional injunction and gave 48 hours for Gianni Attard’s counterparts to reply.

The reply was signed by the AG, Police Commissioner and the Veterinary Services Department.