A father and son who were convicted over a hunting incident six years ago, have had their punishment reduced on appeal, with the court, however, issuing a lifetime hunting ban for the younger man.

Carmelo Camilleri, 60, and his 31-year old son, Simon, had been convicted over the incident which took place in the San Leonardu area, Zabbar one morning back in November 2014 when three other hunters and their dog were allegedly hit by lead pellets fired from a Benelli Confort shotgun, registered in the father’s name.

The court heard how the three alleged victims first heard gunshots before being showered in lead pellets. One of the men was allegedly struck on the neck. Two other pellets hit the dog.

Rushing out of the field, the hunting trio had come across Simon Camilleri, shotgun in hand.

An argument ensued, during which the alleged victims threatened to report the matter to the police, while the other man allegedly reacted by flinging stones in their direction.

Simon Camilleri was prosecuted for illegal hunting, being in possession of a firearm when his licence had been revoked, slightly injuring the alleged victims, swearing in public as well as relapsing.

His father was targeted by criminal prosecution for failing to keep proper custody of the weapon licensed in his name, breaching licence conditions, illegal hunting, slightly injuring one of the victims and his dog as well as relapsing.

The son landed a 3-year effective jail term whereas the father was handed a 6-month sentence suspended for 2 years, a €1,200 fine and a 2-year hunting ban.

Both accused filed separate appeals.

The Court of Criminal Appeal, presided over by Madam Justice Consuelo Scerri Herrera, annulled the judgment in respect of the son since the Magistrates’ Court had indicated the wrong articles of law upon which it had based the conviction.

However, after analysing all the evidence put forward, the court concluded that the version given by the alleged victims was more credible than that supplied by the accused.

The younger man had told police how his father had shot down a thrush which had landed among the foliage of a tree, overlooking one of the alleged victims’ field.

Whilst retrieving the bird, he had allegedly come face to face with the owner of the adjacent field who had shouted at him, hurling stones at him and his own dog, whilst claiming to have been hit by shotgun pellets.

Although both father and son stuck to that version, even when testifying in the proceedings, the court concluded that the victims’ version was more credible.

All three men had confirmed how they had spotted the weapon in the younger man’s hands.

The court said it could not believe the father when he insisted that the firearm had never once left his possession.

In the light of all evidence, the court partially upheld the appeal in respect of the son, clearing him of slightly injuring one of the victims and the dog, as well as of relapsing.

When meting out punishment the court declared that it would give the accused “one last chance to get back on track,” thus varying his effective jail term to a 2-year term suspended for two years, together with a €2,000 fine and a lifetime ban on holding a hunting licence.

The court also placed him under a supervision order, after observing that he had wasted earlier chances by the courts, as indicated by his criminal record.

As for the father, the court lowered the punishment to a 4-month jail term suspended for two years, a €1200 fine, whilst confirming the two-year ban and confiscation of the weapon.

The court stressed that it was “immensely dangerous” for a registered owner to allow his weapon to end up in the hands of someone else, adding that it was “disrespectful towards the authorities” to allow someone to hunt while not in possession of a valid licence.

Lawyers Franco Debono and Marion Camilleri assisted the appellants