Details of an unpleasant incident in April 2014 when a Birdlife activist accompanying a BBC crew headed by naturalist Chris Packham during the filming of a documentary in Miżieb were revealed in court today as criminal proceedings against Nimrod Mifsud, a Birdlife activist from Gżira, entered the final phase.

Following the incident, Mr Mifsud was charged with trespassing and with having exercised a pretended right when the trip to Miżieb ended with an unpleasant twist.

Mr Mifsud, a lifelong member of Birdlife and a strong opponent to spring hunting, today took the witness stand to recall how on two occasions on April 23 and 25, 2014, he had accompanied Mr Packham and a BBC crew to Miżieb and l-Aħrax tal-Mellieħa. The TV team had travelled to Malta to shoot the documentary 'Massacre on Migration' intended to reveal the atrocities of spring hunting.

Setting out from the heritage trail at Miżieb on April 23, the crew, accompanied by Mr Mifsud and two journalists, followed the path leading to the garigue and woodland. At no time did they open any gate or scale any wall to trespass over private land, Mr Mifsud told the court.

At one point, a police inspector approached the group and, in reply to their query, assured them that they could proceed after having made a phone call to seek confirmation. Along the track they met various hunters, some of whom were friendly and willing to be interviewed. Others refused even to be filmed.

However, upon returning two days later, the crew were met with a different scenario. One hunter menacingly warning Mr Packham not to film, shouting "Don't shoot! Don't shoot! You're provoking me!"

At that point, other hunters converged upon the nature activists, some seeking to calm the situation while others allegedly added fuel to the flames. "I'll disfigure you," one hunter had allegedly threatened Mr Mifsud.

Police intervened to defuse the argument and to accompany the party away from the land which, hunters regard as a hunting reserve by virtue of an agreement dating back to 1986. FKNK insists that this agreement, signed with then Prime Minister Karmenu Mifsud Bonnici, had granted the hunters' lobby the right to administer this land at Miżieb and l-Aħrax tal-Mellieħa.

Since then, during the hunting season, anyone who is not a hunter is denied access to such grounds unless duly authorised, the court was told today by lawyer Kathleen Grima as counsel to FKNK.

"Hunters in these reserved areas could no longer tolerate being filmed while exercising their pastime, according to law," Dr Grima pointed out. "The presence of Birdlife activists is regarded as being provocative."

However, lawyer Stephen Tonna Lowell, appearing for the accused, quipped that this was "a shameful case". The case merited "a more moderate tone since this is not a meeting before a referendum".

Dr Tonna Lowell pointed out that the foundation granting management rights over the lands at issue, today no longer existed. Moreover, FKNK had not presented any plans of the lands in court. Nor had the document, reportedly granting them legal possession over the land, ever been sworn under oath.

One could not keep out the public just by putting up no-trespassing signs. Unless a valid legal title was proved, Mr Mifsud could not be accused of trespassing and of exercising a right over land which was solely reserved for hunters, Dr Tonna Lowell concluded.

The court, presided by magistrate Charmaine Galea, after hearing final submissions by both parties, put off the case for judgment.

Lawyer Stephen Tonna Lowell was counsel to Mr Mifsud. Lawyer Kathleen Grima appeared parte civile.

Sign up to our free newsletters

Get the best updates straight to your inbox:
Please select at least one mailing list.

You can unsubscribe at any time by clicking the link in the footer of our emails. We use Mailchimp as our marketing platform. By subscribing, you acknowledge that your information will be transferred to Mailchimp for processing.