Labour MP Adrian Vassallo was found guilty on Wednesday of the illegal possession of protected birds.
In what Birdlife Malta described as an “astonishing decision”, the magistrate ruled that Dr Vassallo should be allowed to continue keeping the birds in an aviary on the rooftop of his Ta’ Xbiex residence.
He was fined €500.
On June 20, Dr Vassallo was found in possession of 28 protected birds from six different species, all housed in his rooftop aviary.
None of them was fitted with closed rings, which distinguish captive bred birds from their wild counterparts and is a requirement under the law.
In a statement, Birdlife said several of the species found in the aviary, including at least seven white wagtails (zakak abjad) and a black redstart (kudirross iswed), were not known to be bred or kept in captivity but did occur as wild birds in Malta in the winter months.
Birdlife Malta presented photographic and video evidence at Wednesday’s hearing, which witnesses testified showed that Dr Vassallo also had at least two illegal traps on his roof.
Magistrate Anthony Vella dismissed the charges against Dr Vassallo for the use and possession of traps, after the defence argued these were just open cages.
Magistrate Vella also ruled that Dr Vassallo could keep the protected birds in his aviary, despite the advice of an Environment Authority expert who said that the birds would be capable of surviving in the wild. The magistrate was satisfied that they were bred in captivity and he had no guarantee that they could survive if let free.
He also ordered that a Mepa official periodically monitors the birds.
Last November, Magistrate Vella had presided over a hearing in which a man who was filmed handling a swallow after firing a shot was cleared of all charges, despite his confession being recorded in a police affidavit.
In its statement, Birdlife said: “The result in this case clearly shows that the judiciary and enforcement authorities are reluctant to prosecute wildlife crimes to the full extent of the law.”
Efforts to contact Mr Vassallo for a comment yesterday were unsuccessful.