A hunter escaped a prison sentence and a hefty fine after an appeal judge ruled police suspicions that he shot at storks did not amount to conclusive evidence.

René Bezzina, 28, of Għargħur, was disqualified from having a hunting licence for five years – down from a disqualification for life – after the court confirmed his conviction for carrying a shotgun in a place not permitted by law.

His original €5,000 fine was reduced to just under €700.

Last July, Mr Bezzina was convicted of shooting at protected storks during the closed season. He filed an appeal.

The Appeals Court, presided over by Mr Justice David Scicluna, heard a loaded shotgun was found in Mr Bezzina’s car in Madliena on May 19, 2011, when a flock of storks had been observed.

There was no evidence that it was taken out of the car or fired.

The court noted that no forensic tests were carried out to establish if the firearm had been used.

Police found several cartridges in the car whose colour corresponded to those found on site but Mr Justice Scicluna noted this was not conclusive evidence.

Nor had evidence been presented to show that shotgun cartridges found near the scene were fired from Mr Bezzina’s gun.

The accused always insisted that he had been in Madliena watching the storks unarmed.

The court concluded there was no evidence he had been hunting illegally during the closed season and revoked his one-year sentence.

It confirmed Bezzina’s conviction for carrying a shotgun in a place not permitted.

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