The Malta Independent 25 May 2024, Saturday
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Magistrate blasts pantomime hearing as Birdlife activists charged with being in possession of birds

Jacob Borg Tuesday, 25 November 2014, 14:37 Last update: about 11 years ago

A Court today heard how the hunters' federation (FKNK) continually pressured the Police to file charges against Birdlife activists pictured holding several protected birds in a 2012 newspaper article.

Birdlife's Nicholas Barbara, Fiona Burrows and Caroline Rance are pleading not guilty to the charges.

Rupert Masefield has also been charged, but is no longer in Malta.

Defence lawyer Stephen Tonna Lowell sarcastically asked whether the Police are going to issue a European arrest warrant for Mr Masefield for "saving a bird."

Court expert Stanley Gatt was asked to identify the birds in the photograph. When he told the Court that this was the first time he was being asked to examine the photograph, the Magistrate questioned why the prosecution had called him up as a witness.

Magistrate Anthony Vella got so frustrated with proceedings at this point that he called the whole thing a "pantomime."

"I have had enough of this. The FKNK did not even bother to turn up," Magistrate Vella said.

Superintendent Ramon Mercieca told the Court that he was not in a position to take action against the activists as there was clearly no criminal intent in their actions.

He said that he did not even speak to the Birdlife members, as there were no grounds on which to issue charges.

"I looked into a similar case in 2000 when a dead Marsh Harrier was shown on Xarabank by a Birdlife activist. Then Police Commissioner George Grech decided that there was no criminal intent, as the activist was just trying to raise awareness," he said.

Several emails were sent by the FKNK to the police asking them to follow up the case. Their lawyer Kathleen Grima also used to "informally" ask Superintendent Mercieca whether any action would be taken whenever she saw him in Court.

Action against the activists was only taken after the FKNK filed a formal challenge in Court against the Police Commissioner.

 

 

 

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