Hunter loses appeal over illegal bird hunting conviction

The Court of Criminal Appeal upheld a lower court’s ruling finding a hunter guilty of multiple counts of illegal hunting and firearms violations. Christopher Mercieca had been convicted last year of hunting during a closed season, using prohibited electronic calling devices and decoys, and breaching firearms licence conditions. He was fined €2,000 and had his hunting and weapons licences suspended for three years and two years respectively. Police were dispatched to Qalet Marku on 13 August 2024 after BirdLife Malta reported illegal hunting activity. Officers found Mercieca “hidden under rocks,” armed with a loaded shotgun and in possession of an electronic bird caller, two decoys and 27 cartridges. When approached, Mercieca immediately told officers, “Let me leave quietly”, the court noted. The appeal focused largely on the credibility of a witness from BirdLife, who observed and photographed the hunter. Mercieca claimed she was biased and that he had been hunting rabbits, not birds. He also denied possessing decoys and a caller. However, the court rejected those claims, noting that the device was visible in photographs, corroborated by police affidavits, and never contested before the magistrate’s court. “The evidence leaves no doubt that the appellant was on site and in possession of the items indicated by the police,” the judge held, describing the argument that he did not have a bird caller as “incorrect”. The judge also dismissed complaints about BirdLife representatives testifying, pointing out that the magistrate relied not only on NGO observers but also on police officers who inspected the scene. The €2,000 fine and suspensions of hunting and firearms licences were confirmed, with the time period now running from today. Judge Neville Camilleri presided.