Bird trapper convicted of setting neighbour's hut on fire after argument

A bird trapper has been handed a suspended sentence and was placed under a supervision order after being found guilty of setting fire to a property in a field on the limits of Attard in 2017.

38 year-old Darren Galea, had been charged with arson and criminal damage exceeding €2,500 in value.

On 3 September 2017 at around 11pm, the police had been informed that a structure built in a field near Mount Carmel Hospital had been set alight. The small room was extensively damaged by the fire and had to be rebuilt.

Experts appointed as part of a magisterial inquiry had concluded that a large amount of accelerant had been poured into the structure, which when ignited had lifted the roof off it. The charred remains of a T-shirt and lighter were recovered from the scene. Police had investigated the case and arrived at the accused as a suspect after confirming with Mater Dei hospital’s Burns Unit that a man had been admitted with matching injuries.

Although he later pleaded not guilty in court, when spoken to by the police in hospital, Galea had admitted that he and the owner of an adjacent field to his had been involved in a long-standing feud over some trapping equipment. He said that after an argument with the owner, Galea, in a blind rage had filled a jerrycan with paraffin from a nearby fuel station and gone to set the structure on fire. Galea himself suffered burns during the commission of the offence.

The Court of Magistrates, presided by Magistrate Nadine Lia, was also shown CCTV footage of the accused filling up a jerry can, which had been taken into evidence from the petrol station.

The victim had told the court that the cost of repairing the structural damage caused was €5,627 and that the items inside it were worth some €6,700 – a total of €12,389. A court-appointed expert however established the total damages caused to be around €6,550. In view of this discrepancy and the fact that the expert had said his valuation had to be based on guesswork, the court opted to take the middle road and valued the damage at €3,381.

The court, in a judgment handed down today, found Galea guilty. The court noted that Galea had refused to speak to a lawyer before and during his interrogation and had signed his statement on every page. In his statement, Galea explained in detail how he had purchased €5 worth of petrol, drove to the field and emptied it in the structure, throwing the empty fuel can into a tree. He then set a piece of cloth on fire and threw it into the property. His shirt had also caught fire and he had immediately taken it off and thrown it to the ground.

Magistrate Lia observed that the accused had shown remorse for his actions and had explained that they were something he had done in the heat of the moment because of feud between the men had become unbearable.

She also noted that the accused had paid the victim €3,750 to settle the damages.

In establishing the punishment to be handed to the guilty party, the court noted that the accused had no related previous convictions, had demonstrated remorse and had paid for the damage he caused. The magistrate also took into consideration a Social Inquiry Report which recommended an alternative punishment to imprisonment.

The crime was an “entirely capricious” one, which could easily have been avoided, observed the court. The fact that the accused himself suffered grievous injuries showed how much trouble he brought on himself by this impulsive act.

Ruling that a balance had to be struck between the seriousness of the case and the interests of society in general, as well as the protection of the public, the court said that it was of the opinion that imprisonment would not have the desired effect on the accused and therefore opted for an alternative punishment.

Galea was sentenced to 2 years in prison, suspended for 4. He was also placed under a 2-year supervision order and imposed a €1000 personal guarantee, valid for a year. A 3-year restraining order was issued in favour of the victim. He was also ordered to pay €2,371 in costs.

Inspector Rodrick Spiteri prosecuted. Lawyer Lennox Vella was defence counsel.