Court upholds FKNK application, orders police to investigate BirdLife

Court of Magistrates orders Commissioner of Police to carry out investigations against seven BirdLife officials pictured holding seven injured and dead protected birds

The image in question, part of a press release in 2012
The image in question, part of a press release in 2012

A Court of Magistrates has today upheld a court application by hunters’ lobby FKNK and ordered the Commissioner of Police to carry out criminal investigations against seven BirdLife officials after they were pictured in possession of seven protected birds, one of which was dead.

In a court application filed on behalf of FKNK president Joe Perici Calascione and vice president Lino Farrugia, lawyer Kathleen Grima told the court that “even though a police investigation was merited, the police commissioner refused to do so.”

The case goes back to a press release published in October 2012 where seven BirdLife officials were pictured holding seven protected birds. One of the birds was dead, while the others were presumably injured.

The FKNK took exception at the photo, arguing that the actions of BirdLife officials were illegal because they were in possession of protected birds.

A request to carry out investigations was however turned down by the police, who argued that BirdLife’s intention was to raise awareness and to report any illegalities to the media. Moreover, the Commissioner held that their “good intentions must prevail.”

Noting that BirdLife’s intention was to “raise awareness about any illegalities,” Magistrate Bugeja nevertheless held that everyone must adhere to the rules, be they hunters or conservationists.

“The court has no doubt as to BirdLife’s intentions, but after analysing the photo, it is clear that these persons were in possession of protected birds. No evidence was presented to prove that the protected birds were legally held.”

In his judgment, Magistrate Aaron Bugeja held that there is enough evidence to uphold FKNK’s request and ordered the Commissioner of Police to identify the pictured BirdLife officials and to carry out the necessary investigations.