A hunter who had falsely testified that two protected specimen found among a collection of stuffed birds at his grandmother's home had been hunted by his late grandfather was given a suspended sentence and interdicted for 10 years.

Nathaniel Agius, 24, from Xewkija, had been fined €8,000 and had his hunting licence permanently withdrawn after an anonymous tip-off to the police had resulted in the discovery of two embalmed protected species, a spotted crake and a marsh sandpiper, at his grandmother's Sannat home.

Although he first admitted that the birds were his, even supplying details as to how and when they had been caught, in the course of criminal proceedings presided over by magistrate Joseph Mifsud, the hunter testified that they had been hunted by his grandfather who had passed away years before.

When confronted under oath about his changed version and in spite of being warned by the court that he could face prosecution for perjury, the man explained he had claimed ownership of the birds so as to spare his 80-year-old grandma the trouble of having to testify in court.

Those proceedings had resulted in a conviction, an €8,000 fine (reduced on appeal) and a withdrawal of his hunter’s licence, as well as an order by the court for the transcripts of evidence to be sent to the Police Commissioner for any ‘opportune action’ in the light of the accused’s perceived perjury.

That order landed the man in court once again for committing perjury in the criminal proceedings against him three years ago.

The court in Gozo, presided over by magistrate Joanne Vella Cuschieri, observed that on the basis of the evidence put forward there was no doubt that the accused had originally stated that the birds were his.

That version was further supported by details given to investigators as to when and how they came to his possession, the court said, adding that the accused’s altered version when testifying in court was not credible.

Moreover, neither his grandmother nor the lawyer who had allegedly advised him in the first place to leave his elderly relative out of the picture, had ever been asked to testify in his defence.

Saying that the birds belonged to his grandmother was nothing but “a blatant lie in an attempt to cover up his criminal behaviour,” the court went on, observing that there had been no attempt by the accused to retract his lie.

While declaring the man guilty of having testified falsely under oath, the court felt that he “ought to be given a chance to mend his ways” so that from now on he would take the law seriously and understand the serious consequences of breaching criminal laws “before it was too late”.

The accused was give a two-year jail term suspended for four years and a 10-year general interdiction.

Mr Agius had in May 2011 been arrested for chasing a large flock of storks in Gozo during the closed season.

Inspector Bernard Charles Spiteri prosecuted.

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