BirdLife file judicial protest over hunting memo

BirdLife Malta yesterday filed a judicial protest against Environment Minister George Pullicino, Police Commissioner John Rizzo and the Malta Environment and Planning Authority Environment following the issue of a police memorandum instructing officers to book but not immediately charge hunters breaking certain laws.

Birdlife's lawyer Franco Vassallo said the police do not have the option to arraign someone. "The authorities, particularly the police, are in duty bound to see that the laws are safeguarded. It's a duty not an option," he insisted.

On this basis, he continued, Birdlife was filing the protest as a first step, warning the government it was prepared to take matters further should the order not be retracted immediately.

The Times reported earlier this month the police had issued an internal memorandum instructing officers to file a report but not to immediately arraign individuals who trap specific bird species or who hunt at sea on boats with a speed of over 18 kilometres an hour.

Both instructions go against EU directives, according to BirdLife.

A copy of the judicial protest has been sent to EU Environment Commissioner Stavros Dimas. The European Commission has already said it was "seriously concerned" about the situation in Malta.

The judicial protest says the police order is in breach of the Criminal Code which clearly outlines the responsibility of the police to press charges in the shortest time possible against all those breaking the law.

Dr Vassallo said the law also clearly lists the specific conditions that would justify a delay in taking such action and that none of these conditions could be linked to the memo issued by the police.

BirdLife executive director Tolga Temuge said it was obvious the order was a political ploy. No authority has assumed responsibility for the memo so far.

"We suspect that the illegalities which the police memo identified are the ones being negotiated currently between the government and the hunters' lobby. The authorities have long been negotiating changes to the law, against the spirit of the Birds Directive, with the hunters' lobby while keeping all other stakeholders, including BirdLife, in the dark," he said.