Hunter acquitted of storks' killing, guilty of carrying shotgun in closed season

A hunter accused of shooting a number of storks has been acquitted of shooting the protected animals but found guilty of carrying a shotgun and ammunition during the closed season.

James Magri, 42, had been arraigned in 2018 on charges of killing three storks - a protected species – and hunting violations.

In a decision handed down this morning, magistrate Astrid May Grima cleared the man of shooting the storks after witness and video evidence proved inconclusive. The onus of proof lies on the person alleging, said the court, quoting jurisprudence on this issue.

Magri, who had released a statement to the police in which he admitted to having taken his shotgun with him to his field, was convicted of carrying a shotgun and ammunition in the closed season and in a place where they were prohibited.

The court fined Magri €3,500, ordered that the man’s shotgun be seized and suspended his hunting licence for 2 years.

Inspector Colin Sheldon prosecuted.

Lawyer Edward Gatt was defence counsel.

Sentence shows sorry state of enforcement

In reaction to the verdict, BirdLife Malta said in a statement on Thursday, that the hunter was acquitted despite footage of the “massacre” being presented as evidence in court “showing both the highly-protected birds being shot down and also a person holding a carcass.”

It noted that the man was freed despite admitting to having used his shotgun on the day. The sentence, it added, depicted the "sorry state of enforcement Malta is currently facing and results from inadequate police resources dedicated to wildlife crime.” It claimed that on the day of the incident in question, two of their own staff members were quicker than the police to the incident.

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