Labour MP fined for possession of protected birds – but gets to keep them anyway

The magistrate's court yesterday found Labour MP Adrian Vassallo guilty of the illegal possession of at least 28 protected birds in his rooftop aviary in Ta' Xbiex... but the court ruled that Vassallo should be allowed to keep the birds in question, despite fining him  €500 for the crime.

Magistrate Anthony Vella also dismissed two other charges levelled against Dr Vassallo for the possession and use of illegal cage traps (trabbokki).

In an official statement, BirdLife Malta expressed dismay at the anomalous ruling. "The result in this case clearly shows that the judiciary and enforcement authorities are reluctant to prosecute wildlife crimes to the full extent of the law."

"It is for exactly these reasons that BirdLife is asking people to demand that politicians take steps to strengthen enforcement and penalties for crimes against wildlife in Malta and review the judicial process for these types of cases," said Steve Micklewright, BirdLife Malta's ExecutiveDirector, referring to the organisation's "Your Voice Counts" election campaign.

"This case highlights the urgent need for such reform to improve the wildlife protection in Malta."

Under Maltese law the maximum fine for illegal possession of a protected species (for a first offence) is set at €2329.37.

On 20 June 2012, Dr Vassallo was found in possession of at least 28 protected birds from at least six different species, all housed within his rooftop aviary, and none of them fitted with closed rings, which distinguish captive bred birds from their wild counterparts and must be fitted by law.

Several of the species found in aviary, including at least seven White Wagtails and a Black Redstart are not known to be bred or kept in captivity, but do occur as wild birds in Malta in the winter months.

BirdLife described Magistrate Vella's decision to allow Vassallo to keep the illegal birds as "the final insult", which also ignored the advice of a MEPA expert who said that the birds would be perfectly capable of surviving in the wild if released.

The ALE intends to appeal against the decision to allow Dr Vassallo to keep the birds.