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6 maltatoday | WEDNESDAY • 22 APRIL 2026 NEWS Gaffarena handed suspended sentence, €32,000 fine for illegally possessing dangerous animals MARK Gaffarena was handed a suspended sentence and fined €32,000 after being found guilty of irregularly possessing dangerous animals in an inadequate environ- ment. Gaffarena was charged with being in possession of danger- ous animals without them being registered, keeping dangerous animals in a site not approved by the director, keeping dangerous animals outside a zoological es- tablishment, keeping dangerous animals in an enclosure that had not been inspected or approved by the director and keeping danger- ous animals in an inadequate and unsafe enclosure, which did not meet the requirements applicable to such animals. He was also charged with keep- ing dangerous animals in an en- closure not intended to host them. Three more charges also fol- lowed with regards to the posses- sion of green monkeys. The accused allegedly failed to keep in his possession the re- quired permits, certificates, and licences relating to the importa- tion of these specimens, bought or offered to buy such specimens and failed to keep in the required per- mits, certificates, or licences. Charges were all in breach of the Owning and Keeping of Danger- ous Animals Subsidiary Legisla- tion and the Trade in Species of Flora and Fauna Subsidiary Leg- islation. Testimony was given by Duncan Chetcuti Ganado, who confirmed the accused was keeping animals classified as "dangerous animals". He explained that in line with the 2016 legal framework, such animals were required to be reg- istered within a 90-day regularisa- tion period. Although the accused submit- ted an application within the pre- scribed timeframe on 28 April 2016, this application was not approved because it failed to meet the required legal standards, par- ticularly those relating to animal welfare and proper facilities. Had the necessary standards been sat- isfied, approval would have been granted. More importantly, during in- spections carried out at the Ħaż-Żebbuġ site, it emerged that the animals found did not corre- spond to those listed in the appli- cation dated 28 April 2016. Ad- ditional animals were discovered which had never been declared. The original application had listed a puma, a lion, four green monkeys, and a lemur however inspections revealed significant discrepancies both in the type and number of animals being kept. Photos of the animals found at the two sites were presented in court. The site also lacked basic in- frastructure such as lighting and CCTV. By 2019, the situation had changed significantly: the lion was no longer present, while one puma, three tigers, seven mon- keys, and one lemur were found. This included additional animals, specifically three tigers and three monkeys that had not been previ- ously declared, demonstrating an increase in unregistered animals. Testimony was also provided by Sara Boccuni, who confirmed that she was present during one of the inspections carried out at the Ħaż-Żebbuġ site. She described the enclosure as being in a poor state of mainte- nance. At the time of inspection, the enclosure was wholly inad- equate for the keeping of such animals: it was in a deteriorated condition, the indoor area had partly collapsed, and the overall structure failed to provide a safe or suitable environment. She further observed inconsist- encies between the animals found on site and those previously re- corded in official documentation, indicating that certain animals had either been added or altered without proper declaration. The witness explained that, as a department, minimum standards must be adhered to by animal owners. These include require- ments relating to adequate space, hygiene, and proper maintenance of enclosures which were clearly not met. A subsequent inspection in 2023 revealed a further deterioration in conditions. There was a clear lack of maintenance of the cages, and the indoor enclosure had again partially collapsed. It was confirmed that the only animals found on site at that stage were the tigers and the puma, in- dicating that the other animals had been relocated. It later emerged that these ani- mals had been transferred to an- other site in Ħal Qormi, which had not been registered with the relevant authorities. Significantly, it was the accused himself who invited officials from the Directorate for Veterinary Regulation to inspect this location in May 2023. This visit ultimate- ly led to the discovery of further shortcomings and violations. Court's findings With regard to charges 1–3, the evidence showed that the accused kept dangerous animals in unreg- istered and unauthorised premis- es, which were neither approved by the Director for Animal Wel- fare nor qualified as zoological es- tablishments. He also failed to comply with his legal duty to inform the au- thorities of any changes, including the acquisition, transfer, birth, or death of animals. As a result, the authorities were unable to trace the origin or movement of these animals, and no proper transfer procedures or payments were made. As for charges 4–6, the court found that the animals were kept in inadequate and unsafe enclo- sures. The facilities were described as dirty, poorly maintained, and partly collapsed, rendering them unsuitable for housing dangerous animals. Although one site in Ħal Qormi was large enough, it lacked proper enrichment and still failed to meet required welfare stand- ards. Overall, the enclosures did not ensure the animals' wellbeing nor did they adequately reduce the risk of harm or escape. Finally, in relation to charges 7–9, the accused had been in pos- session of green monkeys since 2016 without ever obtaining the necessary permits or certification, and their number had increased over time. While the court confirmed these regulatory breaches, it held that the specific allegation of "buying or offering to buy" the animals was not proven. In determining the appropriate penalty, the court took into ac- count the nature and gravity of the offences for which Mark Gaf- farena was found guilty, his taint- ed criminal record, and the par- ticular circumstances of the case. Notably, the court emphasised that, despite being fully aware that his situation was irregular, the accused persisted in his unlawful conduct rather than taking steps to regularise his position or trans- fer the animals to facilities suitable for their welfare. This conduct demonstrated that the accused acquired and kept the animals primarily for his personal enjoyment, showing little regard for their proper care or the need to house them in environments that adequately safeguard their welfare. Furthermore, his failure to notify the Directorate of trans- fers and acquisitions was found to be motivated by a desire to avoid the significant fees associated with such procedures. In assessing the seriousness of the offences, the court consid- ered the number and condition of the animals involved. In total, the court identified irregularities con- cerning thirteen animals. Within less than two months, during a further inspection on 9 May 2023, authorities discovered two additional lions and three leopards bringing to light further breaches. This demonstrated that, rather than attempting to comply with the law, the accused had in- creased the number of animals in his possession without obtaining the required approvals or inform- ing the relevant authorities of ac- quisitions, transfers, or relocation between sites. This resulted in ir- regularities concerning a further five animals, bringing the total to eighteen. The court said the evidence shows that the accused acted with disregard for the law and to the risks posed to both animal welfare and public safety. Despite the seriousness of these findings, the court took into ac- count that there was no conclu- sive evidence that the animals had suffered actual physical harm or deprivation of food. Moreover, although Regulation 8(3) of the Trade in Species of Flora and Fau- na Subsidiary Legislation, would ordinarily preclude the granting of a suspended sentence, this re- striction does not apply under the Animal Welfare Act. In light of these considerations, the court concluded that the case did not warrant an effective custo- dial sentence. The court handed Gaffarena a seven-month imprisonment sen- tence, suspended for 30 months and a €32,000 fine. The court also disqualified the accused from ob- taining any warrant, licence, per- mit for a period of 15 years. The confiscation of all unregis- tered animals was ordered, with the accused having to pay the costs. Inspector Elton Taliana pros- ecuted. Magistrate Donatello Frendo Dimech handed down the judgement. MAYA GALEA mgalea@mediatoday.com.mt Mark Gaffarena