Three trappers found guilty after throwing stones, punches in fight over bird caller

The court has found three men guilty after they were involved in a fight over the use of a bird caller.

In December 2022, 59-year-old Joseph Hili made a report at the Rabat Police Station in Gozo that  he was involved in an argument with a certain Justin Galea, 31, and ended up being assaulted by him. This assault occurred in the presence of Herman Hili, Joseph’s son, who is also 31-years old.

Joseph Hili explained that Galea had thrown a stone in his direction, hitting him on the head, which caused him to bleed profusely and his eyes to swell. As a result, Joseph Hili had to go to the hospital where he was certified to have suffered grievous injuries by medical doctors.

During his interrogation, Galea stated that on the day of the incident he had gone to his friend’s field. He later called Joseph Hili because he noticed that the latter was using bird callers that belonged to him.

Galea explained that during the call, he heard Herman Hili shouting and arguing in reaction to the phone call made to his father. Following the call, Joseph and Herman Hili went to Galea’s friend’s field, located four fields downhill and the argument escalated.

Galea further said that Joseph Hili punched him in the eye. He claimed that he stepped back and warned Joseph Hili not to raise his hand again, but he allegedly struck him twice more, hitting his mouth and left eye. In response, Galea picked up a stone and threw it at Joseph Hili, admitting the allegations.

Herman Hili also threw a stone at him, but missed, Galea claimed. He also told police that Herman  Hili threatened to kill Galea. When Joseph Hili was asked whether he had hit Galea before the stone was thrown, he denied it. He also denied threatening Galea but admitted that both parties exchanged insults. Herman Hili also denied throwing a stone at Justin Galea and denied threatening him.

Eventually, all three parties were brought before the court to respond to the charges made against them and faced separate proceedings.

Justin Galea testified that on the day of the incident, he went to his friend’s field in Xewkija. The witness explained that he had a connection with his friend’s field because he had a bird trapping license on that location. The witness continued that on the day of the incident, he heard the Hilis’ bird caller, which was producing bird calls that Galea had created himself and recognised. He explained that in the past he used to trap birds with Joseph Hili and that Herman Hili had taken the bird sounds from his computer.

From an examination of the procedural acts, it was clear that the court was faced with two versions of what occurred. After careful consideration, the court was convinced that the dynamics of the incident at issue occurred as indicated by Justin Galea and not as claimed by Joseph Hili and his son. The court has come to the conclusion to attribute credibility to Justin Galea’s version of events.

Although Galea claimed he threw the stone in self-defence against Joseph Hili’s aggression, the court did not consider this a case of legitimate defence.

It is evident that after their initial scuffle, Galea did not try to withdraw but rather sought to retaliate against Hili. From the site visit conducted, the court noted that Galea had a clear path to retreat, as the room was surrounded by a corridor. Galea chose to confront Hili instead.

Therefore, he must bear responsibility for his actions and it was not a situation in which Galea could have been exempt from criminal responsibility.

It was also clear that Galea’s actions were the result of Joseph Hili’s provocations, as he was the one who first assaulted Galea.

The court thus found him guilty of causing grevious bodily harm and sentenced him to eight months imprisonment, suspended for 18 months. He was also ordered to pay €350 in court expenses.

The court also issued a restraining order in favour of Joseph and Herman Hili, valid for three years.

Joseph Hili was also found guilty and ordered to pay a fine of €600 and Herman Hili was fined €150. In the proceedings of Joseph and Herman Hili, restraining orders were also issued in favour of Justin Galea.