Man acquitted of illegal bird trapping charges

The court has acquitted George Farrugia of all charges linked to the illegal trapping and possession of protected birds, after ruling the prosecution failed to prove its case beyond reasonable doubt.

Farrugia had been charged over an incident that took place on 19 November 2024 in Marsaskala, when police officers carried out an inspection at a private property. Prosecutors alleged the accused was involved in the unlawful trapping and keeping of birds without the permits required by law.

During the hearing, the prosecution relied primarily on testimony and affidavits from police officers, as well as items allegedly seized during the inspection. However, the court closely scrutinised how this evidence was collected, recorded and preserved.

In its judgment, the court placed strong emphasis on the principle of chain of custody, stressing that the prosecution is duty-bound to ensure the continuity, integrity and traceability of evidence presented in criminal proceedings.

The magistrate pointed out shortcomings in the documentation and safeguarding of the seized material, raising serious doubts as to whether the evidence produced in court could be conclusively linked to the accused.

Reference was also made to recent rulings by the Criminal Court and the Criminal Court of Appeal, which consistently held that any uncertainty surrounding the handling or traceability of evidence must be interpreted in favour of the accused.

The court concluded the prosecution had failed to establish beyond reasonable doubt that Farrugia was responsible for the illegal trapping or possession of the birds in question.

Consequently, the defence’s submissions were upheld and the accused was found not guilty on all counts.

George Farrugia was therefore fully acquitted and discharged. He was represented in court by lawyer Ishmael Psaila.

The article has been amended after a previous version mentioned cannabis trafficking charges and not bird-trapping charges.