Investigations about smuggled wild birds should be quick and the songbirds should not be caged or kept in closed spaces, according to the Animal Commissioner.

After investigating the death of 468 quarantined songbirds last year, Emanuel Buhagiar noted that the place where they had been kept to be used as court evidence was not meant for smuggled birds caught by the police but for animals brought from abroad in breach of regulations, such as not having been vaccinated.

About 645 wild finches were smuggled from Sicily on October 24 and the following day they were taken to Luqa, where they were kept as court exhibits.

In his report, submitted in November and released yesterday, Mr Buhagiar said that when he visited the quarantine area he noted that the two aviaries where the smuggled birds had been kept seemed inadequate for a large number of birds.

Referring to a report by Andrew Howard, an assistant vet at the quarantine facility, Mr Buhagiar said that by November 17, 490 of the 645 songbirds had died.

Those that are weak should be kept for treatment and released when they are healthy

Mr Buhagiar insisted that subsidiary legislation on court exhibits should be amended to allow the Veterinary Services Director to take care of animals in cases were these have to be preserved as evidence.

He also recommended that, following timely investigations, wild birds smuggled into Malta should not be kept in aviaries or in closed places. “They should be released in adequate places after being examined by a vet. Those that are weak should be kept for treatment and released when they are healthy. The accused should cover expenses for their treatment,” he added.

The court, he said, could also consider asking the private sector to keep the birds until the case was decided.

In this case, the birds that survived were released when the case was over.

Aaron Micallef, 35, from Qrendi, pleaded guilty to smuggling the birds. It emerged in court that he had 326 hawfinches, one greenfinch, 46 goldfinches, 164 linnets and 108 serins. The birds were valued at almost €32,000, although it is thought they would cost more on the market.

When contacted yesterday, Mr Buhagiar said that if action was not taken about the shortcomings he raised and the incident was repeated, his office could take legal action against those responsible for how animals are kept s evidence.

This is his first report, copies of which were sent to the home affairs and justice ministers.