A €500 fine imposed on a hunter who shot dead a privately-owned African spoonbill was revoked on appeal though a suspended jail term was confirmed.

In November 2009, Raymond Agius, 55, from Mosta, was hunting near a bird park in Burmarrad that is owned by Kevin Mallia. At the time, the €2,375 bird, which was born in captivity at the park, was being trained.

As the bird flew behind the park, Mr Mallia saw Mr Agius firing three shots at it but missed. Mr Mallia ran in the direction where the bird was and called out to Mr Agius to stop shooting because the bird was his. As the bird appeared frightened, Mr Mallia phoned a friend to get a net. However, Mr Agius approached the bird and, at close range, fired a fatal shot. He then asked Mr Mallia whether the bird was his, before walking away.

In a search at Mr Agius’s home, the police found undeclared stuffed birds. He was found guilty of shooting dead the protected species and was fined €500 and was given a 13-month jail term suspended for two years.

Mr Agius appealed, arguing that he had no lawyer during the investigations and that he did not deserve a suspended jail term because he had no police record.

Mr Justice Lawrence Quintano concluded that from the evidence produced it was clear that although Mr Agius realised it was a privately-owned bird he still shot it.

The court was convinced he wanted to cause harm to Mr Mallia when he shot the bird at such close range.

When considering punishment, the judge said that, once the Magistrates’ Court had applied a legal principle whereby one punishment would have sufficed, there was no need for a suspended jail term and a fine.