Court throws out case of man who admits shooting protected bird - BirdLife
A man who admitted to illegally shooting and killing a protected bird has had his case thrown out by a magistrate’s court, after the court decided that the evidence against him was insufficient, BirdLife said.
The organisation said in a statement that the incident was witnessed and reported to the police in September last year by Bob Elliot and Ian Thomson, heads of the Royal Society for the Protection of Birds Investigation Unit in the UK and Scotland, respectively, who were attending BirdLife Malta’s Raptor Camp.
In their testimony both stated they had observed the defendant at Salina shooting at passing barn swallows, one of which fell to the ground when hit.
They then recorded video footage of the defendant picking up and handling the bird and using it to train his young retriever, and phoned the police to report the incident.
BirdLife claimed that ALE officers subsequently questioned the man, who, in his statement to the police, confessed to shooting at and killing a protected barn swallow while hunting at Salina.
But his defence lawyer argued that the video evidence did not actually show the hunter in the act of shooting the bird he was later seen handling, the organisation said.
Commenting on the outcome of the case, the RSPB’s Ian Thomson said, “I’m utterly appalled that such a clear cut case has ended up being thrown out by the court. Bob and I recently travelled back to Malta especially to give our evidence to the court. We both have considerable experience in assisting in the investigation of wildlife crime offences in the UK, and there are few cases when two of you witness an incident, can identify the perpetrator, provide supporting video evidence, and there is an admission by a suspect.
“This astonishing result raises very serious questions about the effectiveness of law enforcement and prosecution for wildlife crimes in Malta. It is no surprise that so many protected species continue to be killed, when such compelling evidence is either not presented to or disregarded by the court. Where is the deterrent?”
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16 Comments
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Rosalind Agius
Dec 8th 2012, 19:07
Simply Shameful.
Stephen Frendo
Dec 8th 2012, 06:28
X'arroganza ta' nies!! Iridu jindahlu fid-decizzjoni tal-Qorti wkoll!!
Rupert Masefield
Dec 8th 2012, 11:33
What is more important? Authority or truth?
Mr Terry Gosden
Dec 7th 2012, 20:12
Fantastical, beyond credibility, what a shame.
George Lewis
Dec 7th 2012, 17:36
-Simply unbelievable.
anthony sultana
Dec 7th 2012, 17:21
Are you going to appeal?
Victor Zammit
Dec 7th 2012, 17:13
The man could not have admitted to the crime and at the same time have his case thrown out by the court.
Pauline Thompson
Dec 7th 2012, 16:32
Very recent a suspended sentence was handed out for delibrately running over a an Australian man, inflicting permenant injuries, leaving the victim disabled for the rest of his life. The accused also admitted to the offence, however, the magistrate told the accused that he was lucky his victim didn't die!! Therefore, this latest episode doesn't surprise me in the slightest.
Peter Apap Bologna
Dec 7th 2012, 16:25
What a disgrace!
Neil Collins
Dec 7th 2012, 15:21
LOL : "Man who admits guilt has case thrown out for lack of evidence" Things like this just make the Maltese look stupid to the rest of the world.
Victor Borg
Dec 7th 2012, 15:12
It's hard to understand the reasoning of the court in this case. How could a confession coupled with two witnesses and other pieces of circumstantial evidence lead to dismissal on grounds of insufficient evidence? It is the obligation of the government to investigate what appears to be an anomalous decision - such decisions seriously puncture our confidence in our justice system.
Victor Pulis
Dec 7th 2012, 14:43
ALE officers subsequently questioned the man, who, in his statement to the police, confessed to shooting at and killing a protected barn swallow while hunting at Salina.
the court decided that the evidence against him was insufficient,
No further comment.
Austin Grech
Dec 7th 2012, 14:34
it's obvious that justice was not done here. With his own admission and still not guilty? wow.
David Hill
Dec 7th 2012, 13:59
If an admission of guilt to the police isn't sufficient for the Magistrate, just what evidence does he want?
Does he want to have the bird shot in the court room?
This nakes a further farce of the Law in Malta.
J Curmi
Dec 7th 2012, 13:52
quote from Charles Dickens' novel, Oliver Twist...."If the law supposes that," said Mr. Bumble, squeezing his hat emphatically in both hands, "the law is an a... - an idiot". unquote.
Chris Gatt
Dec 7th 2012, 13:49
So now two witnesses who say they saw an event and a confession are no longer enough evidence. Interesting.
Please choose the reason of your report below: