A hunter was this afternoon sentenced to three months in jail after he admitted to shooting a lapwing, which is a protected bird, breaching bail conditions and relapsing.
Shaun Demicoli, 37, from Birzebbuga, was the second hunter to be arraigned on illegal hunting charges in as many days.
Mr Demicoli was accused of being a relapser after he had served a seven-month jail sentence for punching a policeman who issued him with parking tickets. He also admitted to breaching the bail conditions on two different cases, including one where he stands accused of the attempted murder of a Tunisian man, Riyadh Mrad, who had been found unconscious on the street in Bugibba with serious injuries. Mr Demicoli denies the charges.
Defence lawyer Jason Grima told the court that his client did not intend to shoot a protected bird seeing that lapwings can be hunted during the autumn season but not during the spring season, when only turtle doves and quail can be shot.
Inspector Jurgen Vella, who prosecuted along with Inspector Colin Sheldon, both from the police’s Administrative Law Enforcement section, said the court should consider the fact that Mr Demicoli had cooperated but also the gravity of the crime.
Magistrate Claire Stafrace Zammit handed down an effective three-month jail term and ordered the confiscation of Mr Demicoli’s Fabarm shotgun. She also suspended him from hunting for three years and fined him €100 for each of the bail condition breaches, but did not order the withdrawal of his personal guarantees. She also recommended that he should not lose his job – Mr Demicoli was recently employed as a bus driver and showed up in court in uniform.
Following sentencing, Dr Grima said his client would appeal, which allowed Mr Demicoli to go home. He will only go to prison if he loses the appeal.
Today's incident was also recorded on cameras. On Wednesday Stefan Micallef, 44, from Naxxar, was fined €2,500 for shooting a cuckoo. He also had his shotgun taken away and was suspended from hunting for three and a half years.
FKNK and St Hubert's statement
In a statement published prior to the court sentence, the hunters' federation (FKNK) encouraged other hunters to report any illegalities just as they did in this case.
It said the hunter in question is not a member of the FKNK. It implored the organisation of which he is a member to suspend his membership immediately.
Kaccaturi San Ubertu (KSU) commend the immediate action taken by the authorities in apprehending and sentencing the persons responsible of shooting protected birds. Today’s incident, where a protected bird was shot, exemplifies ignorance on the part of the perpetrator being unaware that spring hunting is only practiced on turtle dove and quail. It also highlights an ambiguity in our gun licensing system where a person with a criminal record involving aggression of a police officer and a pending case of attempted murder is allowed a gun license.
KSU informs that this person is not one of its members and could never be eligible for membership in view of his character. It is inconceivable that the perception of hunting is tarnished by those who should not be eligible for a gun license and are totally ignorant of hunting laws. KSU call on the authorities to rescind gun and hunting licenses held by any such persons.
KSU practices a policy of zero tolerance and vets all its members prior to acceptance. We solicit all other hunting organizations to adopt such principles in order to weed the undesirable element in hunting.