Hunter cleared of illegal hunting and firearm possession due to insufficient evidence

A 44-year-old man from Pietà has been acquitted of illegal hunting and unlawful possession of a firearm after a court ruled that the prosecution failed to prove its case beyond a reasonable doubt.

Joseph Attard had been charged in connection with an incident on 20 September 2020 at around 6:10pm in Għaxaq. Prosecutors alleged that Attard was hunting or attempting to hunt birds during the closed season and was carrying a firearm and ammunition without the required licence.

The prosecution relied primarily on the testimony of two witnesses who reported hearing gunshots and later spotting Attard seated in a field with what they described as a shotgun fitted with a silencer. Video footage submitted by the witnesses showed Attard seated in a rural area using binoculars, with a long object next to him.

However, the court held that while there may have been a strong suspicion that the object seen in the footage was a firearm, suspicion, no matter how strong, does not amount to proof beyond reasonable doubt.

The court noted that the object in the footage could not be conclusively identified as a firearm. Furthermore, the court pointed out inconsistencies in the witnesses’ accounts, including disagreement over how many shots were heard, and observed that neither witness had seen the accused firing a weapon.

Crucially, affidavits by police officers had previously been struck off the record by court decree in November 2025 due to procedural defects. Without those affidavits, there was no admissible evidence establishing whether Attard had any firearms registered in his name.

In light of the evidentiary gaps, the court ruled that the prosecution had failed to establish guilt on either charge and acquitted Attard of all accusations.

Nicholas Mifsud and Charlton Cascun appeared for the defence, while Inspector Elliot Magro prosecuted. Magistrate Ann Marie Thake presided over the sitting.