Two Birdlife activists accused of being in illegal possession of protected birds were acquitted yesterday.

Fiona Burrows and Nicholas Barbara were arraigned after they appeared in a photo holding dead birds as part of their campaigning to highlight illegal hunting.

Magistrate Antonio Vella ruled, however, that even though they had been photographed holding protected birds that had been shot, the court found there was no intention to commit a crime, an essential element to prove a criminal charge.

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

The magistrate reached his conclusion after hearing final submissions by defence lawyer Stephen Tonna Lowell and lawyer Kathleen Grima, who appeared parte civile for the hunting federation.

Everyone who handled evidence should be in the dock, including the police

Dr Grima said the law made no distinction between a hunter and a non-hunter when it came to possession of protected species and she therefore called on the court to find the activists guilty of handling protected birds.

Dr Tonna Lowell rebutted, insisting mere possession, without any criminal intent, was not enough to establish guilt in the criminal sphere. The intent had to be deduced from the circumstances of the case, he said.

Using drug busts as an example, he said that were the hunters’ arguments to be accepted in such cases, then everyone who handled evidence should be in the dock, including the police, court registrars and jurors.

Court action was initiated following a request by the hunters’ federation, which asked the police to investigate when, in October 2012, Birdlife released a photograph featuring members in possession of dead protected birds.

The police initially declined to prosecute, but the hunting federation filed a court challenge against the police decision. Magistrate Aaron Bugeja upheld the request.