On 28 January 2020 at Devonport Magistrates Court David Maloney pleaded guilty to a charge of aggravated cruelty. The magistrate made an order under section 43(1) of the Animal Welfare Act 1993 “that the Defendant David Maloney not own or have custody of any animal for a period of 10 years”.
On 7 February 2020 the RSPCA received a complaint from the council that a council employee had observed 2 dogs at premises in Latrobe on that day.
On 11 February 2020 two RSPCA Inspectors attended at the Latrobe premises. The inspectors observed a dog, a tan and white hound pup, in the back yard.
On 24 February 2020 an RSPCA inspector wrote to Mr Maloney advising that the presence of a dog at the Latrobe premises was in breach of the order made on 28 January 2020 and that the prohibition on his having custody of an animal included where an animal was normally kept on premises owned or occupied by him, whether or not he had any care or charge of the animal, pursuant to section 43(8) of the Animal Welfare Act 1993.
A month later, upon returning to the property, RSPCA inspectors observed that a dog was on the property.
On 24 March 2020 an RSPCA inspector established that Mr Maloney was one of the tenants at the Latrobe premises and further charges were laid. David Maloney was charged in the Devonport Magistrates Court, 9 September 2020.
He was convicted of one count of custody of an animal in contravention of a court order and fined $344.
