The Supreme Court found his employee Anastasia Hotel in Protaras PP guilty. for "abuse, neglect and unnecessary overwork" of the little dog Billy, in violation of Article 5 (1) of the legislation for the protection and welfare of animals, overturning the acquittal of the District Court of Famagusta.
The Court, by a decision dated 9/12/2015, acquitted the two defendants in the case, namely the manager of the Hotel and his employee, in all the charges they faced and which related to causing the death of the animal.
The Party for the Animals of Cyprus had disagreed with the decision, which asked the Attorney General to appeal the decision of the Court, which it did.
The allegation of the Accusing Authority was that the hotel employee threw the dog in the garbage can resulting in injuries and eventually his death, following instructions from the hotel manager.
The court of first instance acquitted the employee because it considered that not only was there no evidence that he had put the compressor into operation or that the compressor had been put into operation in any case, but also that there was no evidence as to what was the blunt instrument with which he was beaten. the dog and by whom.
As a result, he also acquitted the hotel manager, to whom he further noted that there was no evidence that he had given instructions to throw the dog in the garbage compressor. An appeal was filed only for the acquittal of the hotel employee.
According to the decision of the three-member Court of Appeal, which was secured by the KYPE, "what the defendant has already admitted in his testimony to the police and in his testimony in Court, is enough to prove brutal abuse of the animal."
The hotel employee had been acquitted at first instance of the second charge which had been drawn up, as stated in the decision, in such a way as to include both the elements of the general prohibition in Article 5 (1) and the elements of the specific prohibition in Article 5 (2) (a).
"What emerges is that, while the horrific death of the animal in violation of Article 5 (2) (a) has not been proved as a result, it has, from the testimony and even from the defendant himself, definitely proved that he submitted the animal in ill-treatment in violation of Article 5 (1) ", states the decision of the Supreme Court.
Therefore, it is added, “it has been proven to be part of the second category, so that the conviction of the defendant for the criminal offense which is proved to have been committed, without changing the indictment, in accordance with the provisions of Article 85 (1) of Ch. 155 and without the need to invoke the provisions of Article 85 (4) ".
It is noted that "the case is such that corrective intervention, even at this stage, is permissible and desirable, for the purpose of proper administration of justice and overturning the unjustified acquittal of the defendant."
"From above", as it is mentioned, "the appeal succeeds in terms of acquittal from the 2nd category, which acquittal and is set aside. We find the defendant guilty for the fact that on 24.6.2014 and at around 13:30 in a hotel in the area of Pernera in Paralimni of the Province of Famagusta he submitted the described dog, while he was in the above described situation, in ill-treatment, in the manner specified above , in violation of article 5 (1) of the said Law ", concludes the decision of the Supreme.
The three-member Court of Appeal, which consisted of judges Nikolatos, Oikonomou and Psara-Miltiadou, will announce on January 23 the sentence that will be imposed on the hotel employee.
The President of the Party for Animals Kyriakos Kyriakou, speaking to KYPE, expressed his satisfaction for the subversive decision of the Supreme, while talking about a milestone decision for the Cypriot judicial data. It is now understood that animal abuse does not go unpunished, said Mr. Kyriakou.
Source: KYPE