Issue link: https://maltatoday.uberflip.com/i/1464426
NEWS 4 maltatoday | WEDNESDAY • 13 APRIL 2022 Malta misled European task force over turtle dove spring hunt KURT SANSONE MALTA misled a European task force that was discussing expert advice recom- mending no hunting for turtle dove this year, minutes of the meeting confirm. The task force met on 18 March to dis- cuss an experts' report that proposed no hunting of turtle dove in countries that fall within the central-eastern flyway. Malta is one of these countries. Only two days earlier, the Ornis Com- mittee, a hunting advisory body, had rec- ommended to the Maltese government the opening of a limited spring hunting season for quail and turtle dove. The recommendation effectively ended the spring hunting moratorium for turtle dove introduced in 2017 when the Euro- pean Commission threatened action. But when a BirdLife representative on the task force expressed concern about a possible spring hunting derogation that was being considered in Malta, the Mal- tese representative from the Wild Birds Regulation Unit stated that "no decision had been made and the possible dero- gation was being discussed in the Ornis Committee". By that time, Ornis had not only dis- cussed the matter but also made the recommendation for turtle dove to be included in the spring hunt. The minutes, reveal how the chair of the task force, Luisa Samarelli, depu- ty head of the European Commission's Nature Conservation Unit, "urged Mal- ta not to adopt a spring hunting dero- gation, as this would go in the opposite direction than the conservation actions discussed in the task force meeting." Government eventually took up the Ornis recommendation and the spring hunting season is expected to open on 17 April and close on 30 April with a national bag limit for turtle dove set at 1,500 birds. However, Malta's decision goes against the expert advice received by the Euro- pean task force that recommended zero harvest of turtle dove for the whole of 2022. The task force was discussing expert findings that showed a sustained decline in the population of turtle dove in the central-eastern flyway. The experts al- so emphasised the lack of proper mon- itoring and control mechanisms on this migratory flight path to develop a robust population model. The update showed ongoing popula- tion decline amid lower quality data with the experts recommending the adoption of a precautionary approach. The evi- dence led the experts to recommend a temporary hunting ban on turtle dove in 2022. This means that Malta was not only ex- pected not to open a spring hunting sea- son, which already requires a derogation in its own right, but was being asked to stop the hunting of turtle dove even in autumn. During the meeting the chair urged the authorities to build credible control and enforcement systems as well as monitor- ing programmes and put in place habitat management measures. A previous European Commission rec- ommendation had been a 50% reduc- tion in the hunting bag limits for turtle doves in countries on the central-eastern flyway. These countries include Italy, Greece, Austria, Bulgaria, Cyprus, Ro- mania and Malta. Hunting in the EU is allowed in au- tumn and banned in spring although ex- ceptions can be allowed. Malta has been adopting a derogation for spring hunting on quail and turtle dove after a European Court ruling allowed a window of oppor- tunity given Malta's specific situation. The turtle dove was declared a vulnera- ble species by the IUCN, an internation- al body, in 2015. Two years later, Malta introduced a moratorium on the spring hunting of turtle dove after the Europe- an Commission threatened action. Meanwhile, BirdLife Malta filed a court injunction to stop the spring hunting season on turtle dove. The court yesterday denied an interim injunction and the sitting was appointed for submissions on 19 April, two days af- ter the season opens. MATTHEW AGIUS THE case against the man ac- cused of the 2020 murder of Sliema residents Chris Pandolf- ino and Ivor Maciejovski, Alba- nian national Daniel Muka, has been delayed until a committee regulating lawyers issues a ruling after the accused tried to engage a new lawyer without paying his previous one. Lawyer Noel Bianco, who has represented Muka over the years in proceedings so far, told the court that while he wanted the case to proceed, he still expected to be paid for his services. The Chamber of Advocates' Eth- ics Officer, Lawyer Keith Borg was summoned to the stand when the case continued before magistrate Nadine Lia this morning. He explained that it was up to the new lawyer to ascertain that the previous lawyer's fees had been settled in full before tak- ing on the brief. "The onus is on the new lawyer to ensure that his colleague has been paid. It is in the code of ethics. Otherwise it would have to escalate to the Commission for the Administra- tion of Justice." Despite a release being granted in this case, Borg clarified, it was done "without prejudice to such fees being outstanding. Any new counsel should ensure that previ- ous counsel are paid in full prior to taking up the brief. Further- more, any further ruling would be issued by the Committee for Advocates and Legal Procurators and/or the Commission for the Administration of Justice." Presiding magistrate Nadine Lia observed that it was therefore a "Pyrrhic victory" for Muka's de- fence. "You have a release but you can't use it," she said. The Chamber representative protested that the Chamber could only escalate the matter to the Commission, and could not do anything else in the circum- stances. The court asked whether the is- sue constituted a breach of ethics. "The new lawyer could be subject to a possible ethical complaint, which could lead to proceedings, yes," Borg replied. Muka declared to the court that he wished to engage lawyer Dan- iel Attard, who in turn noted the advice given by the Chamber. "There is still a pending dis- pute on fees," minuted the court. "Therefore, since Attard cannot effectively perform his duties as legal counsel, Borg informs the court that the matter will now be escalated to the Committee for Advocates and Legal Procurators for a ruling." The committee had not been constituted for some time and was reconstituted some months ago, the court was told. Magis- trate Lia observed that this issue had already been pending for over two months. "This case cannot be at the mercy of a Committee that is going to take its time to look," she said, pointing out that the case was a potential trial by jury. Lawyer Roberta Bonello, ap- pearing for the parte civile argued that the matter shouldn't stop the proceedings. Superintendent James Grech agreed, arguing that it was a payment issue. Bonello's client suggested that the court issue a statement of fees so that the family might pay it, saying that it was in their interest to have the case continue. "We all know what is happening here." The court informed the man that it could not have a position on this offer. "All I can do is stress that the Chamber must deal with this." Time is an issue, in view of the fact that the 20-month pe- riod for the issuing of the bill of indictment against Muka will soon expire, after which the ac- cused would have a stronger case for release on bail. This was too much for the brother of one of the victims to bear. He stood up and angrily addressed the court. "This is not acceptable, the risk of this man walking free because his lawyer hasn't been paid. Addressing the magistrate di- rectly, he said: "You will kill my mother and father if he's released on bail!" before cursing and walk- ing out of the courtroom. The case continues next week. 2020 Sliema double murder case awaits ethics ruling on change of defence lawyers