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Appeals Court Backtracks On Prison Sentence Given To Flamingo Poacher – Because ‘Species Is Not Endangered’

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The court of criminal appeal recently revoked a prison sentence handed to a young hunter convicted of killing four flamingos in Qawra two years ago.

In September 2022, 24-year-old hunter Miguel Zammit was found guilty of killing four Greater Flamingos at Qawra Point in 2021. Back then, Zammit was sentenced to one year in prison.

Zammit had initially pleaded not guilty to charges and requested bail, but his request was turned down as this was a “clear case of poaching and that the accused could not have shot at the protected birds in error”.

Now, according to Judge Neville Camilleri, “the Flamingo was not a species at risk of extinction, and therefore the impact of the crime on the species was low”, and so, the initial sentence was revoked. 

Environmental NGO BirdLife Malta’s CEO Mark Sultana immediately ruled the court’s reasoning as “rather baffling”.

“While one can debate if a jail term was just or not, the reasoning the court gave today is rather 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,” Sultana stated.

“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.”

As a first-time offense, shooting at the protected birds can result in anything from a €5,000 fine to a one-year jail term, as well as losing your license.

Do you think the sentence should have been revoked? 

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Sasha is a writer, creator, and podcast host interested in environmental matters, humans, and art. Some know her as Sasha tas-Sigar. Inspired by nature and the changing world. Follow her on Instagram at @saaxhaa and send her your stories at [email protected]

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