One cannot begin to comprehend the decision by the law courts to order the investigation of Birdlife volunteers for being in possession of injured and dead  protected birds that had been shot out of the sky.

The decision, delivered in the magistrates court, was given in light of a court application put to the courts by the FKNK.

The issue stems back to a press release back in 2012 where Birdlife volunteers posed for a photograph following the discovery of the seven dead birds which were all shot at in two days.

The police, wisely, decided not to proceed with the case because although technically, they were in breach of the law, they did not intend to commit a crime. It is ironic to think that the people who are trying to stop hunters from illegally shooting at protected birds, killing them and then mounting them as trophies are being prosecuted for the same ‘crime’. The hunters must have a very good lawyer doing their homework for them. How can one possibly equate the fact that people rescued injured birds and then brought the killing of birds to public attention with people that illegally shoot birds and mount them as trophies?

It is an insult to the general public as well as the people in question. By the same yardstick, if a person removed a broken glass from a wall to prevent someone’s injury, would they be accused of being in possession of a sharp and pointed weapon, as our laws state? Of course not. People would only be charged with that if they broke a glass and threatened or assaulted someone with it? Why? Because in the eyes of the law (and this is what the prosecution puts forward as its theory of evidence) it only becomes a weapon if there is intent to commit a criminal action. If you assault someone with your car keys, you are charged with being in possession of a weapon without the necessary permit issued by the Commissioner Police. If you are just walking down the street with your keys in your pocket, you would not be charged.

This is a mistaken interpretation of the law. The law in question is in place to stop people from stuffing and mounting birds, and not to stop people bringing to light clear abuse of the law committed by others.

NGOs give the general public a voice. They perform a vital role in our society and the application of the law should not be turned around and used on them. It is hoped that the new Police Commissioner will apply common sense and dismiss the investigation outright.