A hunter who shot and killed four flamingos had his one year jail sentence revoked by a court of appeal on the grounds that the species is not endangered, despite being protected.
24-year-old Miguel Żammit was banned for life from holding a hunting license and a year in prison when he was convicted of killing the birds in October of 2021.
The court was told that the hunter insisted he had been aiming at a duck, with Żammit filing an appeal after a court convicted him of the poaching crime.
On Monday however, a court of appeal relaxed the punishment. When delivering judgement, the court referred to Subsidiary Legislation on Conservation of Wild Birds Regulations, Times of Malta revealed.
This includes a number of factors which need to be considered when assessing offences, with one of these being the impact on the conservation status of an affected species. The flamingos were categorised as ‘of least concern.’
The court thus concluded that the impact of such offences on the species was low, changing Żammit’s punishment to one year suspended for two years. Meanwhile, the lifetime ban on holding a hunting license was still confirmed.
In response, BirdLife Malta called the decision confusing and baffling.
“A protected bird is protected irrespective of its status and just because it is not at risk of being extinct, does not mean that its protection, or the consequences of illegally killing it, should be less. I fail to see the logic. It’s like saying that stealing from a rich person carries a lesser punishment than if you steal from a poor person” wrote CEO Mark Sultana.
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