A pet sitter whose two Pomeranians were mauled to death by three Huskies at his Żejtun boarding facility has been acquitted of animal cruelty charges but fined €3,000 for operating the establishment without a licence.
Terry Caruana, 50, was cleared of charges relating to the deaths of Rex and Daisy, two Pomeranians entrusted to his care while their owners were on holiday in Australia, after the court found insufficient evidence to establish criminal negligence.
The incident occurred on 28 December 2022 at Pets R Us, a pet boarding establishment operated by Caruana in Żejtun.
The court heard that Caruana had temporarily left the premises when three Huskies belonging to another client managed to chew through a plastic lock securing their enclosure. The dogs subsequently escaped into a yard before entering the room where the two Pomeranians were being kept.
Rex and Daisy were fatally attacked, with a subsequent veterinary necropsy revealing extensive bite wounds, internal bleeding and fatal shock.
Upon discovering the incident, Caruana immediately informed the owners, who were abroad at the time, and placed the dogs' bodies in a freezer to preserve them for examination. He subsequently cooperated with police investigators.
The owners testified that they had previously used Caruana's boarding services and had paid €650 for their dogs' stay. Following the incident, they also incurred €600 in expenses for the animals' autopsies and cremations.
During the proceedings, the court was informed that the owners had reached an out-of-court settlement with Caruana, forgiven him and renounced any further claims against him.
In his judgment, Magistrate Kevan Azzopardi acknowledged the tragic circumstances surrounding the animals' deaths but concluded that the prosecution had failed to establish beyond reasonable doubt that Caruana had acted negligently or deliberately caused the animals unnecessary suffering.
The court noted that Caruana had taken precautions to keep dogs belonging to different clients in separate rooms and enclosures.
It also observed that the prosecution had failed to present technical evidence establishing that the cages or locks were defective before the incident, or that Caruana had been aware of any structural weaknesses that could have allowed the Huskies to escape.
The magistrate also took into consideration Caruana's immediate disclosure of the incident to the owners, his cooperation with investigators and the remorse he had shown.
Although Caruana was acquitted of the charges relating to animal cruelty and mistreatment, the court found that he had been operating the pet boarding establishment without the required licence.
He was consequently fined €3,000.
Caruana was represented by lawyers Ishmael Psaila and Amadeus Cachia.