A magistrate this morning cleared two Birdlife activists who had been charged with illegal possession of protected birds after they appeared in a photograph sent to the media. 

The police charged Birdlife activists Fiona Burrows and Nicholas Barbara for the possession of protected bird species after they appeared in a published photo holding dead birds as part of their work to highlight illegal hunting.

But Magistrate Antonio Vella found that although they were photographed with protected birds that had been shot, the court found that there was no intention to commit the crime, an essential element to prove a criminal charge. 

Moreover, he noted that it had not been proven beyond reasonable doubt that the Birdlife activists had not been authorised to handle such birds that suffer injuries, sometimes fatal, during illegal hunting. 

Based on these considerations, Magistrate Vella cleared them of the charges brought against them. 

Court action had been initiated after a magistrate upheld a request for criminal action to be taken against the bird lovers after the Federation for Hunting and Conservation (FKNK) asked the police to investigate when, in October 2012, Birdlife released a photograph featuring members in possession of dead protected birds.

The police had initially declined to issue charges after receiving the complaint but the hunting federation later filed a court challenge against the police decision.

Lawyer Stephen Tonna Lowell represented the Birdlife activists. Lawyer Kathleen Grima appeared for the hunting federation. 

In her final submissions this morning, Dr Grima said the law made no distinction between a hunter and a non-hunter when it comes to possession of protected species. 

But Dr Tonna Lowell rebutted, saying that mere possession, without any criminal intent was not enough to establish guilt. The intent has to be deduced from the circumstances from the case. Using drug busts as an example, he explained that were the FKNK’s arguments to be accepted in such cases, then everybody should be in the dock, including the police, court registrars and jurors who handle court evidence. 

Magistrate Vella upheld these argument and the two Birdlife activists walked out of court free as a bird.