Gozitan hunter acquitted on appeal after judge dismisses video evidence

A Gozitan hunter convicted for killing a protected bird has been acquitted on appeal after the judge ruled the evidence was insufficient to find guilty beyond reasonable doubt.

Brandon Said from Nadur was fined €1,200, had his shot gun confiscated and was barred from hunting for two years in July last year after he was caught killing a protected bird on video.

However, Judge Consuelo Scerri Herrera on Thursday overturned the sentence on appeal, arguing that the person who was present in the field when the footage was taken had not recognised Said inside the courtroom. The judge, added that a second person who was in the field had not even been brought to testify.

The video, which was presented by the prosecution, was taken by BirdLife volunteers in the spring of 2022. It showed a hunter gunning down a protected collared dove and finishing it off with his mouth.

Police had charged Brandon Said on the strength of the video evidence. Magistrate Leonard Caruana had concluded the video footage was unequivocal and found Said guilty.

However, on appeal Judge Scerri Herrera dismissed the video evidence, saying it was not preserved and presented according to law. But she also gave weight to the fact that a volunteer who witnessed the shooting incident and testified in proceedings was unable to recognise the perpetrator inside the courtroom.

Scerri Herrera ruled that the prosecution had not proven its case beyond reasonable doubt and went on to annul the first court’s decision, acquitting Said from all charges.

Said was represented in proceedings by lawyer Deborah Camilleri, who is the spouse of Gozo Minister Clint Camilleri. The minister’s portfolio includes responsibility for hunting.