Trees vandalism court sentence deemed too lenient by park warden
An angry Ray Vella surveying the damage done by Darren Cross, Noel Grech and Charlot Chetcuti to 104 trees at the Foresta 2000 site in Mellieħa on April 26. Photo: Chris Sant Fournier
The punishment meted out to the three hunters who admitted to vandalising 104 trees at the Foresta 2000 woodland in Mellieħa is not enough, park warden Ray Vella insists.
The three hunters – Darren Cross, 24, from Birkirkara, Noel Grech, 24, and Charlot Chetcuti, 20, both from Mosta – on Tuesday pleaded guilty to sawing off the trees and saplings.
They were fined €1,000 each and ordered to do 300 hours of community service. They also had to fork out €1,320 each in damages to pay for the trees they destroyed.
“I think the sentence was lenient, especially when you consider that the legal notice on tree vandalism says destroying protected trees such as these carries with it a minimum fine of €466 per tree,” the warden said, when contacted for his reaction to the ruling.
Mr Vella, who went to the park he supervises on April 26 to find 104 saplings deliberately sawn off, has nothing but praise for the police who “did a very good job to catch these people – with no leads”.
Petra Bianchi, president of Din l-Art Ħelwa, the organisation that manages the site along with BirdLife Malta, said “this was a destructive act that harmed the natural environment and undermined many hours of work for it, so I hope the hours of community service will include actions that directly benefit the environment”.
Nature Trust executive president Vince Attard said it was a good thing the offenders were caught.
“It’s good that, finally, someone was caught. I’m disappointed that the courts are too lenient. Were it a minor environmental crime it would have been one thing but something on this scale deserved a harsher punishment,” Mr Attard said.
In his opinion, it is about time the courts took the environment more into consideration when meting out punishments in such crimes.
“One hopes the courts will be harsher in similar cases. It wasn’t one organisation that suffered through this crime but all of the Maltese population.”
Gaia foundation director Rudolf Ragonesi said the sentence could go a long way to set an example against such crimes. It was a step in the right direction.
“If the judgment is publicised it could go much further but if these people manage to disappear into obscurity it would be better for them,” Dr Ragonesi said.
He said that if people were to see the three hunters do community service it would send out a strong message that there was a price to pay for one’s actions, “even though you can’t put a price on nature”.
The hunters’ federation, FKNK, “strongly and unequivocally” condemned “such cowardly act against the environment”.
“Over decades, hunters and trappers have planted and cared for tens of thousands of trees all over Malta and Gozo, definitely much more than any other sector of the society, and this is precisely why such vandalism cannot be tolerated by the FKNK,” the federation said in a statement.
It said it was immediately suspending this year’s membership and the relative insurance policy of Mr Cross and Mr Chetcuti of Mosta and would not renew Mr Grech’s membership and insurance policy.
Kaċċaturi San Umbertu also condemned the vandalism, adding that “hunting issues should be resolved by the involvement of all parties concerned through democratic means around a negotiating table”.
“Unfortunately, certain malicious actions by fanatics from both sides of the fence prevent such dialogue being possible and only lead to more animosity.”
Many of the trees damaged in April had been planted in October 2007 to replace 3,000 that had been destroyed in a previous systematic act of vandalism. The shrubs had been bought thanks to €58,000 donated by the public and were also planted by the public.
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James A. Tyrrell
Aug 26th 2010, 19:03
The fine should have been a lot higher; I think everyone is in agreement with that. I also feel that they should have been made to clear the area, prepare it and replant all the trees themselves. Maybe then they would learn to appreciate them more.
Jason Spiteri
Aug 26th 2010, 18:55
The judgement is effectively below what is stipulated by that legal notice and can and should be appealed by the attorney general!
c. camilleri
Aug 26th 2010, 16:08
We all agree that the sentence is too lenient. I wonder how many of the 300 hours they would actually work. Why are the police not appealing against the sentence.??????????
r pace bonello
Aug 26th 2010, 13:48
The warden is absolutely correct. These vandals got off very lightly and the sentence is not a sufficient deterrent. It is not easy to find vandals so these should have been fined in accordance with the legal notice. I also think the the Hunters Federation treated them very leniently because these vandals should have been banned for life from membership of the Association.
@ D Zammit. what a stupid question.
legal notice on tree vandalism says destroying protected trees such as these carries with it a minimum fine of €466
Johnny Xerri
Aug 26th 2010, 17:26
Whilst I agree that the sentence by the court is in a way lenient, I cannot agree with your line of thought.
Not even rapists and child abusers get life sentences and are free to roam around after a short period. And FKNK never mentioned any time frame. Suspending the membership for this year and in the other persons case not renewing his membership for next year does not mean that the year after FKNK will accept them back. They could well have to wait for more to time to pass.
Secondly, community work is an implicit fine that aims to correct and reform a person. If the 300 hrs were used in productive labour it would amount to at least €1120 (minimum wage rate) and to most likely €1600 (average wage rate). So in reality it is implicitly a €2900 fine.
Joseph Gerada
Aug 26th 2010, 13:21
Definitely a very small price to pay for such a premeditated crime! These people should pay for each single tree they have destroyed and should be made to replant them under the supervision of the Police! That's the only way of making an example with ignorant people like these! They have stolen from the public by destroying the trees which where purchased with the funds donated by the public! Shame on these criminals and on our legal system for being so lenient which such Criminals!
Charles Micallef
Aug 26th 2010, 11:53
Trees vandalism court sentence deemed too lenient by park warden................................. . totally agree.... even with respect to the Police Officers who caught them let alone the cruel damage they did!
patrick zammit
Aug 26th 2010, 10:49
So E466 x 104 = E48,464
Will the AG/prosecution be filling an appeal?
Thought so.
So now we know that the Govt is lying when it says that the environment is close to its heart.
Franco Farrugia
Aug 26th 2010, 12:39
Excuse me, but how does the Government come into a Court decision? Can you please explain? If you do not, I will take it that your're daft, to make such sweeping statements which verge on the nonsensical.
patrick zammit
Aug 26th 2010, 18:44
Since the law clearly states that the minimum is E466, it is up to the Govt (police, attorney general etc) to appeal a sentence which does not reflect the severity of the crime committed.
On today's Independent, there is an article stating that even someone who destroys a tree unintentionally like in a traffic accident, is awarded a penalty of circa E10,000.
So yes, the Govt has to appeal if it wants to be believed when it gives the impression that the environment should be safeguarded.
I would have preferred not to enter a slinging game, but since you seem to want just that, I will ask you, who is the daft one?
Anne Farrugia
Aug 26th 2010, 10:49
If there is a fine of E466 per tree, why then did the magistrate impose such a lenient punishment?
Dennis Zammit
Aug 26th 2010, 10:28
Where these trees protected by law?