The hunting lobby insisted yesterday in court that police should take legal action against Birdlife Malta activists for the possession of protected species. The activists had been photographed holding dead birds as part of their work to highlight illegal hunting.

Police Superintendent Ramon Mercieca said that on October 9, 2012, when he was based at the Administrative Law Enforcement section, he received an e-mail from the Federation for Hunting and Conservation (FKNK) asking police to take action against Birdlife members over a press release issued three days earlier.

FKNK also sent him a cutting from The Sunday Times of Malta quoting the press release and reproducing a photo showing the activists standing near dead birds.

Mr Mercieca said when he looked into the matter, he established there were no grounds to issue charges: the Birdlife members had no criminal intent when they documented illegal hunting.

He informed the FKNK about this decision and the federation’s lawyer insisted that the police should proceed against the activists. Eventually, he said, the federation challenged the police decision in court.

In July the court ordered criminal action to be taken against the bird lovers. Yesterday, Magistrate Anthony Vella started hearing the case against Birdlife members Fiona Burrows, Nicholas Barbara and Caroline Rance, who are pleading not guilty to the possession of protected birds.

A fourth member, Rupert Masefield, was not present in court.

He had not been notified of the sitting and had left the island.

Mr Mercieca said that before deciding not to prosecute he had referred to a case from March 24, 2000, when a Birdlife member produced a dead protected bird during the television programme Xarabank, to showcase illegal hunting.

The Police Commissioner at the time, George Grech, concluded there had been no criminal intent in Birdlife’s TV demonstration.

Proving crimes – and not contraventions – by the Birdlife members required proof of criminal intent, and this element was missing, Mr Mercieca said.

They had the birds because the public passed dead or injured birds to them. Mr Barbara, he said, usually sent e-mails to police with details of any injured birds in Birdlife’s possession, the main aim being to save the birds.

FKNK members are expected to give evidence in the next sitting, scheduled for January 14.