Case against Birdlife activist dropped

The prosecution has dropped their case against one of the birdlife activists, who was charged with possession of illegal species, after it admitted that it had no evidence to connect her to the incident in question.

The activist in question, Birdlife PRO Caroline Rance has told the MaltaToday that she is “very happy the case against her has been dropped” but now wants answers as to who named her.  

“I would like to know how my name was included in the first place. The court saw an email, giving my name, from the FKNK lawyer to the police. So who gave my name to the lawyer? This seems to be yet another instance of FKNK bullying towards Birdlife members.”

The case against three Birdlife members, who were charged with illegal possession of protected species following the publication of a photograph of them holding dead birds, continued today before magistrate Anthony Vella.

The police had initially refused to press charges after receiving a complaint by the hunting federation FKNK in October 2012. The hunting federation subsequently filed a court challenge, asking the court to order the police to prosecute the activists.

However, when the case resumed today, police Inspector Jurgen Vella reluctantly admitted that one activist, Caroline Rance - who is now Birdlife's public relations officer- was charged in error as she was not in the photo. The charges were withdrawn in the sitting.

The conservation group had issued a photograph including Birdlife members Fiona Burrows, Nicholas Barbara and Rupert Masefield in possession of dead protected birds on October 2012. The photo was ostensibly intended to highlight the problem of illegal hunting of protected species, but was seized upon by the hunting organisation, who filed a criminal complaint.

Taking the witness stand, FKNK CEO Lino Farrugia explained the association’s involvement in proceedings. “Birdlife issued a press release accompanied by the photo in question. The species shown are not scientifically threatened, but are “charismatic species” for which the penalties are higher.

"When we saw this press release, we made our objections to the police and eventually inspector Ramon Mercieca, then head of the ALE in December 2012 sent us an email saying that according to them, they had no basis for further investigation or action against Birdlife."

Farrugia told the court, “The law states that no one is authorised to possess birds that are protected by law. There were several occasions in which persons who are unauthorised to handle these birds were, in a way, ignoring the law. Before October 2012, as always happens before the opening of the hunting season, we held meetings with the ALE section of the police and 2012 was no exception.”

Farrugia recalled a conversation with a police superintendent in which he was told that a meeting with BLM had taken place prior to the season, in which he  “warned them that he did not want to see pictures in the media where they expose protected birds... he had warned Barbara that he did not want to see such propaganda”.

“The propaganda was damaging the hunting situation and Malta’s image abroad, besides the fact that no one is allowed to be in possession of protected bird species. I don’t know if the law has changed since, ”he added

Farrugia could not identify all the activists in the photo but knew Nicholas Barbara, Birdlife conservation manager, and Rupert Masefield, then the organisation’s spokesman.

Farrugia said it was the police's job to establish the identities of the Birdlife activists in the photo.

FKNK president Joe Perici Calascione also testified as to why he felt he had to institute these proceedings.

“We felt there was a disparity in the way justice was being administered. If I was found in possession of a protected bird, irrespective of how I came into possession of it, I would be prosecuted," he said.

Asked by Birdlife defence lawyer if he could tell if any of the birds in the photo were alive, Perici Calascione said there was the possibility that some of the birds were alive but had not carried out an investigation into the birds.

The case continues on 18 February.