Man acquitted of illegal bird trapping over procedural technicality
Court finds no proof seized birds matched those inspected by WBRU
A man was acquitted of illegal bird trapping after the prosecution failed to show that the birds handed over to the Wild Birds Regulation Unit (WBRU) were the ones the police had seized from him.
George Farrugia, 52, had been spotted trapping birds in Marsascala by a woman on November 19, 2024 who was in the area with a colleague. The woman observed the man commuting between the trapping site and his vehicle, and called the police providing them with the coordinates of the location.
Two affidavits – one by a constable and another by a sergeant – were presented in court. However, the sergeant’s affidavit was not deemed admissible since it lacked the location where the commissioner for oaths administered the oath to the witness.
The constable in his affidavit explained that he had gone to the location with the sergeant where they found an active trapping site. Farrugia was cautioned and the police found two birds inside his car.
The seized birds were handed to Nicholas Grech from WBRU to inspect them. However, Grech was never summoned in the proceedings. Instead, Cassie Xiberras Grech was summoned.
The court observed that there was no evidence to show that the birds on which Xiberras Grech had testified were the same birds that had been seized from Farrugia, and proceeded to acquit the accused of all charges brought against him.
Magistrate Ann Marie Thake presided.
Police inspector Elliot Magro prosecuted while lawyer Ishmael Psaila appeared for the accused.