Two Birdlife Malta members who had been charged with being in possession of dead birds were acquitted of the charges after a court ruled that there was no intention to carry out a crime.

Fiona Burrows and Nicholas Barbara had been charged in court after they appeared in a published photo holding dead birds as part of their work to highlight illegal hunting.

Magistrate Antonio Vella said that, although they were photographed with protected birds that had been shot, there was no intention to commit the crime, an essential element to prove a criminal charge. 

The Magistrate also noted that the prosecution had also failed to prove beyond reasonable doubt that the Birdlife activists were not authorised to handle birds injured as a result of illegal hunting. He cleared them of the charges.

The court case had been initiated after a magistrate upheld a request for criminal action to be taken against the Birdlife members by the FKNK, the hunting federation. Initially, the police had declined to take action but the FKNK had challenged that decision in court.

Lawyer Kathleen Grima, representing the hunting federation, said the law made no distinction between a hunter and a non-hunter when it comes to possession of protected species. 

However, lawyer Stephen Tonna Lowell, appearing for the Birdlife members, said that mere possession, without any criminal intent was not enough to establish guilt.