A Għargħur hunter who was handed a one year jail sentence by a magistrate’s court for hunting down protected birds, and doing so during the closed season, had his sentence revoked.

On appeal, Rene Bezzina, 28, was only found guilty of carrying a loaded firearm, at a place where hunting is not allowed, and of being in breach of the conditions for a licence.

Apart from his jail sentence, Mr Bezzina was also fined €5,000 by Magistrate Anthony Vella, with Mr Justice David Scicluna saying that the maximum should be €698.81, so the fine was also reduced. Mr Bezzina had also been disqualified for life from carrying a hunting licence and any licence for possessing a firearm, but Mr Justice Scicluna reduced that to five years, instead of life.

Mr Bezzina had been found guilty of relapsing, but the appeal court found that there was no proof of that.

The accused had been found guilty of hunting or trying to hunt a protected bird on 18 May, 2011 at about 6pm in Madliena, when the hunting season was closed.

He was also found guilty of failing to observe rules relating to the licence, of carrying ammunition and a firearm without a licence, and of hunting illegally in Madliena. Mr Bezzina appealed the entire sentence.

The appeal court said that evidence given by two police sergeants showed that on the day in question Mr Bezzina was in the Madliena area, where he had gone because he knew of the presence of a flock of storks, and that in his vehicle he carried a shotgun and cartridges, but he did not fire the weapon and was simply an observer. There was no proof that Mr Bezzina had brought his shotgun out of the car, much less that he had used it. There was no proof that he had hunted, meaning that he had gone after a bird or had tried to hunt it, nor that he had fired at game.

No proof was presented in favour of the accusation that the spent cartridges found in Madliena were fired by his shotgun and a search at his home unearthed nothing illegal.

The court said that the fact that he was at a place where storks had been seen must be ignored since there was no proof that he had hunted. Mr Bezzina may have had the intention, but the law does not condemn the intention by itself. They could speak of suspicion, even strong suspicion, but this did not result in proof without reasonable doubt.

The hunting licence authorised the holder to carry a firearm for hunting birds on land. But naturally hunting has to be done during its season. So on the day in question the accused was in breach of the law by carrying the gun and ammunition.

Inspector Ramon Mercieca led the prosecution.