A man charged with shooting and stealing his neighbour’s pigeons was granted bail after pleading not guilty to a raft of charges, with his lawyers insisting that he never shot the birds.
Gregory Carabott, a 35-year-old part-time fisherman from Marsaxlokk, was arrested when he went to sign the bail book over a separate case, driving to the police station in a vehicle whose number matched that given to police by a man who reported that a neighbour had killed and stolen his pigeons.
Carabott was presented with an arrest warrant which the police had obtained following the report by the owner of the birds.
The man claimed he had seen the suspect stuffing 10 of his pigeons into a sack and drive away from the scene.
The incident allegedly took place on Tuesday while the owner of the birds was in his fields at Birżebbuġa.
He heard gunshots and suddenly, a pigeon dropped at his feet. He recognised the bird as one of his own.
The man told police he had spotted a man, armed with a shotgun, gather 10 other dead birds, stuff them into a sack, run to a car and drive off.
He managed to record the car number which he handed over to the police. That vehicle belonged to Carabott.
When police searched his home, they neither found the firearm nor the stolen pigeons, although they did find feathers inside Carabott’s car.
Both car and driver were also tested for gunshot residue.
Carabott was arrested and charged on Friday, pleading not guilty to a raft of charges including aggravated theft, wilful damage to third party property, unlicensed possession of a firearm, animal cruelty, driving without a licence and insurance cover.
He was also charged with breaching previous bail conditions.
His lawyers, Franco Debono and Charles Mercieca, argued that this was a case of mistaken identity, insisting that the defendant “never shot the birds”.
How could the prosecution put forward such accusations when no weapon was found, argued the lawyers.
As for the alleged breach of bail, that charge could only stand if the charges related to this later incident were proved.
The prosecution strongly objected to bail, arguing that the court was to send out a message against animal cruelty.
Moreover, the defendant was allegedly in possession of a firearm when he had no hunting licence and drove to the police station in an unlicenced and uninsured vehicle.
The birds’ owner was still to testify and police were still searching for the weapon allegedly used in the incident, the prosecution argued further.
The defence then pointed out that the defendant’s pregnant partner was soon to give birth.
The prosecution acknowledged that humanitarian ground.
After hearing submissions the court, presided over by magistrate Donatella Frendo Dimech, upheld the request against a deposit of €1,500, a personal guarantee of €5,000, twice weekly signing of the bail book and a curfew.
AG lawyer Clive Aquilina and Inspector Wayne Bonello prosecuted.
Lawyers Franco Debono and Charles Mercieca were defence counsel.