Man acquitted of illegal hunting charges, and of having weapon without licence

A 44-year-old man was acquitted of hunting birds during closed hunting season and also of being in possession of a weapon and munitions without the necessary licence.

Joseph Attard was arraigned before a court after a report was filed by two witnesses from the Committee Against Bird Slaughter (CABS) on September 20, 2020. 

In court, it emerged that the woman heard multiple shots from a weapon equipped with a silencer, while the man heard a shot. They walked towards the noise and found Attard sitting inside his hide, where he had a weapon.

The evidence brought against the man consisted of the testimonies by the two CABS officials, footage and their report.

The affidavits presented by the police officers had been expunged from the records of the case in November after they lacked the necessary requirements at law to be deemed valid.

The prosecution referred to the testimonies of the CABS volunteers and argued that since Attard had a weapon on hunting grounds then the presumption contained in the Conservation of Wild Birds Regulations stands.

The rules state that, unless the contrary is proved, any person who, between two hours before sunrise and two hours after sunset, or during any closed season, is found in the open countryside, whether on his own land or on land belonging to some other person, or outside such land, shall be deemed to be in the actual search for or pursuit of birds.

The defence countered that the testimony by CABS volunteers was neither credible nor consistent, highlighting that the woman said she heard multiple shots while the man said he had heard one shot on the day.

Additionally, they did not see Attard commit any illegalities.

The court examined the footage presented in court, which shows the man sitting in his hunting hide and looking around, using his binoculars. A long object can be seen, which, according to the witnesses, was a weapon.

While the court similarly suspected that the object was a weapon, it could not be determined that it was a weapon beyond a reasonable doubt. None of the footage showed the weapon clearly.

Moreover, there was no evidence that he had been illegally carrying a weapon and ammunition after the affidavits were expunged.

The court acquitted the man of all charges.

Magistrate Ann Marie Thake presided over the court.

Police inspector Elliot Magro prosecuted, while lawyer Nicholas Mifsud and Charlton Falzon Cascun assisted Attard.