FKNK official fined over Kercem incident
Carmel (Lino) Farrugia, a senior official of the hunters' federation, has been fined €349.40 by the Appeals Court after he was found guilty of having encouraged or assisted another person to violate a police order to stop the trapping of birds.
The incident happened on November 26, 2006 at l-Ghadira ta San Rafflu, near Kercem, Gozo.
The Appeals Court said it was satisfied that Mr Farrugia had not gone to the site to trap birds, but, as an official of the hunters' federation, to investigate a complaint by Paul Grech over the actions of the police.
The court said that Mr Farrugia's presence for almost two hours at a place where nets had been put up, manifestly against the law, without him doing anything to draw attention to this violation of the law, as well as his attitude to the police, particularly when he told Mr Grech not to dismantle the nets, as ordered by the police, rendered him guilty of having assisted or encouraged Mr Grech to violate regulations.
Mr Farrugia and Mr Grech had originally been acquitted by the Magistrates' Court for lack of evidence. The Appeals Court overturned the judgment. Mr Grech was fined €931.74.
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George Curmi
Aug 27th 2008, 21:02
Andrew Gatt You appear to be labouring under the wrong premise that it is your right to hunt. Hunting is not a right. It is a privilege granted to you by society; a privilege that can be withdrawn by that same society. You wrote it yourself - "Legal hunting is permitted." Society issues hunting licences and permits expecting that licence and permit holders will obey the law. Rights need neither licence nor permission. Mr. Farrugia broke the law by aiding and abetting Mr. Grech in violating the law. Sadly, the courts did not impose a heavy enough fine to get the point across to him and other people.
Andrew Gatt
Aug 27th 2008, 17:05
@C Mallia.......Arrogance? Look who's talking. You've got arrogance in abundance, judging from your posts. Crusade away, then! Watch all you like. Enjoy the public countryside all you like. It's a free country. And come 1st September we'll be out there enjoying our pastime.
See you out there then!
Kenneth Cassar
Aug 27th 2008, 16:51
@ Andrew Gatt: A direct police order is in no need of interpretation. Mr Farrugia instigated Mr Grech to disobey police orders according to the court. Do you condone this?
________________________________________
@ Ernest Vella: Have you reported anyone illegally entering your property?
Kenneth Cassar
Aug 27th 2008, 16:46
@ Mark Mifsud Bonnici:
Has it ever occurred to you that the police might be permitting Birdlife members to handle the birds hunters kill, the reason being that the police cannot be everywhere, and Birdlife would in effect be helping the police? The same cannot be said of hunters.
As to "It seems birdwatchers can get away with murder!", that's quite rich, coming from someone who actually gets away with the murder of birds.
"Strangely" enough, you have not commented on Mr Farrugia's actions in this case. Does it mean you condone it? And if not, shouldn't an official of the FKNK be setting an example? How can he be taken seriously now (if he ever was)?
C Mallia
Aug 27th 2008, 14:56
@Andrew Gatt
Anti-hunting banalities? when environmental crimes are committed, starting from FKNK officials themselves? pffft!!! What arrogance! You and people like you are only kidding themselves !
Yes...I happily crusade in favour of safeguarding wild life for ALL to enjoy, including you and your kids. Now thats a cause to fight for. See ya too, as I'll be watching - within the laws of course !!
Andrew Gatt
Aug 27th 2008, 14:17
@George Curmi.......extremism is always despicable, whatever its source. There are just as many so-called animal loving extremists who want to impose THEIR will on what we do, what we eat, what we breed for food and what we hunt. It is very unfair of you to generalise, and level accusations at a substantial part of society. You may disagree, agree, support, or not - that's your right. Equally, we hunters have rights. Legal hunting is permitted. Tough.
George Curmi
Aug 27th 2008, 13:53
@ Andrew Gatt
The mentality displayed by many of the "hunting fraternity" is despicable - "I have big gun, I do what I like. If you don't like it, take your "crusade" elsewhere." Well, the majority of Maltese citizens don't like it; and you are part of an insignificant minority who seek to impose their will on the majority. Why don't you take your "passetemp" elsewhere?
Ernest Vella
Aug 27th 2008, 11:30
How much the birdlife illegal presence in private property are to be fined pls?
Andrew Gatt
Aug 27th 2008, 11:08
C Mallia - yes, I dare. And I will continue to dare for as long as people like you dare to post anti-hunting, anti-hunter banalities. If you feel so strongly about law enforcement please take your holier-than-thou crusade elsewhere. You should have more important fish to fry than a case of interpretation of vague and hastily introduced laws - but since it is hunting related, well, only to be expected that you'd make a mountain out of a molehill!
Meanwhile, I'll continue to dare. And come 1st September, I will be exercising my legal right to hunt in peace....on my land and within the law. See ya!
C Mallia
Aug 26th 2008, 18:09
@ Andrew Gatt
This is a black on white ruling now and still people like you dare to come up with any silly remark to excuse the inexcusable. Stay with the topic: Mr Farrugia was found guilty and fined. He now has a criminal record and not a good example to the rest of the law-abiding hunters he represents. Wonder of wonders, FKNK is mute on its website too (till now).
Andrew Gatt
Aug 26th 2008, 16:22
Errrrrr........George, are you referring to Jack the Ripper here? The Boston Strangler? U ejja! This is a clear case of INTERPRETATION, and due to vague, misleading and outright stupid changes to regulations that happened overnight, without consultation and without common sense! At the time, even ALE officers had difficulties in enforcing these changes! Eg: No trapping at sea (!!!!!!!!!!???????????) Eg: Ok to shoot but not stuff GAME birds!
For your information the current laws and fines are among the strictest in Europe and also include jail terms.
George Curmi
Aug 26th 2008, 15:20
Only one thing wrong here. The fine imposed on Mr. Farrugia just was not substantial enough. People who think that they can break the law of the land at their whim should be heavily fined. If the fine is not financially significant, then the person fined is likely to regard it merely as an inconvenience.
Fines serve a number of purposes:-
1. To demonstrate society's disapproval of the behaviour that brought about the fine.
2. As a law-abiding society’s penalty for the transgressions of the person who breaks the law.
3. To act as deterrent for that person and others you might contemplate such behaviour in the future.
For those reasons, fines should be substantial enough to make a lasting impression on the person found guilty and on all those of a similar mind-set. Only then will the fine achieve its objectives.
JOSEPH LIA
Aug 26th 2008, 12:31
To ALL interested (anti-social) parties, suffice to note that Mr. Farrugia was initially released from ALL accusations. Alas 'justice' must be done and hence Mr Farrugia had to be justiced, the incredible 'hatred' one reads in the Times comments aimed at a man who believes in Malta and its socio-cultural passions, a man who was exercising his legal and democratic rights towards one of his members. Incredible!
The comment re Lead shot in our veggies......Pathetic!
Mr Farrugia, I salute you.
Joseph Schembri
Aug 26th 2008, 12:08
@ Carl Pol - please don't try to impress us with your knowledge of 'basic chemistry'. What you say is completely wrong. There is no evidence that the lead in lead pellets fired by hunters ever ends up in our vegetables. I don't know which country you hail from but here in Malta our soils are basic (roughly as in opposite of acidic) so the lead cannot be mobilised and end up in our vegetables. Should any of the lead dissolve because of acid rain etc. it would be immediately captured by other minerals present in our soils... thus making it highly improbable for this metal to end up in crops. Apart from that plants are not at all indiscriminate in the chemicals that they take up from the soil.
Having said all that ... lead is an insidious heavy metal and not something you'd want to have around in your environment. Apart from that I found that last spring when hunting was heavily curtailed I could enjoy the countryside and saw many more birds than I usually do.
C Mallia
Aug 26th 2008, 09:25
These are ridiculous amounts to pay when the law has been outrightly broken by none other than the secretary of FKNK who is supposed to lead by example and who comes to pose on local TV and meet ministers trying to convince us all how law-abiding hunters are. FKNK has now lost all its credibility and Mr Farrugia should resign from his post, if he still has the interest of the future of hunting.
carmen Gauci
Aug 26th 2008, 07:52
Congratulations Mr Farrugia your the CHERRY on the cake.
Kenneth Cassar
Aug 26th 2008, 07:48
No wonder the FKNK is so angry about Birdlife and other people being present at hunting sites during the closed season!
Anthony A.Mifsud
Aug 26th 2008, 06:17
When can we live in peace on this little Island? ... Also,why does this article have to make head lines, all Mr. Farrugia was doing was exercising his natural rights.
@ Carl Pol, I don't know what chemistry knowledge you have but, you are wasted here, in Malta why not go to NASA they would do with Knowledge.
Let us have back our hobbies
Toni
MARK MIFSUD BONNICI
Aug 25th 2008, 23:19
Can someone please explain why members of Birdlife or The Commitee Against Bird Salughter (CABS) are not fined for handling dead protected birds?
It is illegal under Maltese law to shoot, keep or carry a protected bird. Anyone found guilty is liable to be fined according to law.
it is common for the Times to carry pictures of birdwatchers holding a dead bird which they claim to have been shot. This makes identification of the criminal very easy.
Applying the same reasoning as the Court of Appeal did in Mr. Farrugia's case. The person finding a dead bird, whilst satisfying the court that it did not shoot the bird, should be fined for having it in his possession. He is duty bound to observe the law and inform the police rather than flout the law. Any others present whilst this criminal is committing such a crime are also encouraging the perpetrator to violate regulations and consequently equally guilty.
The commissioner of police has been informed of similar instances yet he chose to allow similar crimes unhindered.
It seems birdwatchers can get away with murder! It is only hunters that hit the headlines.
Marion Bezzina
Aug 25th 2008, 23:01
Now Mr.Farrugia you are with all effect a criminal with the fedina penali and kondotta et al saying so. So from now on pl,ease do not say anything else on hnters that are law abiding etc etc bla bla bla when even the person that act on thir behalf was found guilty as a criminal from the Highest Courts of Justice of Malta
Carl Pol
Aug 25th 2008, 22:45
take off the silk gloves and show some real justice to these bullies. And I am astonished that no NGo has raised the issue of the great envoirenmental damage to this small island by the TONNNNS of lead being spingled all over the the island by these cowboys. Anyone with a small amount of chemistry knowledge knoows the damage that lead does to humans as they eat vegs in fields full of lead by these irresponsable so called hunters...
R Spiteri
Aug 25th 2008, 21:35
..peanuts.. and it needed almost 2 years!
S Tonna
Aug 25th 2008, 21:02
I think all birds would agree with you Mr.Sultana (and the majority of the maltese too)
fred sultana
Aug 25th 2008, 20:14
€349 is peanuts