Issue link: https://maltatoday.uberflip.com/i/1518765
4 NEWS 4 MATTHEW AGIUS magius@mediatoday.com.mt maltatoday | WEDNESDAY • 10 APRIL 2024 A judge has dismissed an in- junction aimed at preventing the opening of the Spring hunting season this year, in a decision which strikes a blow at conserva- tion efforts, in what has come to be an annual exercise in futility. In April, BirdLife Malta had filed an application for a warrant of prohibitory injunction that would have held the Spring hunt- ing season from being opened this year. The environmentalist NGO had based its request for the injunc- tion on scientific studies which showed that turtle dove popula- tions were falling on a regional level and not just locally, insisting that this was principally due to Malta's permitting the hunting of the species in Spring. In his decision to reject the in- junction, Mr. Justice Francesco Depasquale said that there was no doubt that the turtle dove population was in fact, in decline, but expressed scepticism at the claim that the principal cause for the loss of the species could be mainly attributed to "two weeks of hunting in April on the tiny island of Malta, which this court observes is nothing more than a rock in a big sea dividing Africa and Europe." The judge also observed that this was the third time that BirdLife Malta had applied for a similar injunction on identical grounds The first injunction was not suc- cessful because the court dealing with the issue had ruled that the Legal Notice they were contesting - Legal Notice 116 of 2022 - could be attacked by means of an ad hoc action and their stated interest would not be irremediably preju- diced by its refusal as they still had the option to dispute the legisla- tion in the appropriate forums. The second injunction was unsuccessful because the court decided that issue had observed no change of circumstances that could lead it change the position taken with regards to the first injunction. With regards to the third attempt, the court said it was expecting the applicants to exhibit documentation and evi- dence demonstrating that there had been a substantial change in the circumstances that should lead the court to discard the pre- vious decisions and issue the re- quested injunction. "This court, however, does not consider that any of the facts list- ed by the applicant association can in any way be considered as a considerable change of circum- stances that could in any way lead this court to grant the request for issuing the current injunction. "In no way can the court con- sider that the opening of such a case and/or that such a case is pending, should be considered as a basis for the current injunction to be accepted." That said, the claimant asso- ciation should have asked that court, aware of all the facts of the case, to take the appropriate pro- visions, if it deems necessary to protect the interests of the claim- ant association, and not require another court, which is not in possession of all the information, to make such a decision - this cannot but be considered a clear and glaring case of 'forum shop- ping' where the organisation tries its luck with an identical request to that filed in previous years, in the hope that a different judge would grant it." The Wild Bird Regulation Unit had drafted a detailed and well-studied report that was con- sidered and discussed during the meetings of the Ornis Commit- tee, and that eventually led to the final decision being taken to open the hunting season for the year 2024 with various limitations im- posed, said the judge. 'A clear case of forum shopping' - Judge quashes BirdLife Spring hunting injunction application In April, BirdLife Malta had filed an application for a warrant of prohibitory injunction that would have held the Spring hunting season from being opened this year A warehouse employee from Ni- geria is facing money laundering charges after allegedly withdraw- ing a sum of under €1,000 which had been deposited in his bank account by a third party. Jolly Agbonmware, 37 from Sig- giewi, appeared in the dock before Magistrate Lara Lanfranco on Tuesday, accused of money laun- dering and handling stolen goods. He pleaded not guilty and asked for bail. The defendant's lawyers – Mario Mifsud, Nicholas Mifsud and legal procurator Colin Galea – told the court that their client had been charged after withdrawing less than €1,000 which had been de- posited into his account by a third party. Police inspector Clive Brimmer and prosecutor Nathaniel Falzon objected to the request for his re- lease from arrest on the grounds of his irregular immigration sta- tus. The court was told that his application for a residence permit in Malta had been rejected, but his appeal was "somehow still pend- ing", which meant that Agbon- mware presented a high risk of absconding. "It is not a concern at all, and I will explain why," interjected law- yer Nicholas Mifsud. "I have evi- dence to show that he is staying in Malta legally, but the prosecution has also just said that his status is currently pending appeal, so no fi- nal decision has been given. If this ground is upheld, there will be no point in filing an appeal to immi- gration decisions at all." "His employer is here in the courtroom. He is legally residing in Malta and is legally employed. The prosecution's argument is that the status is illegal because of pending appeal, which doesn't make sense." Mario Mifsud took issue with the fact that his client had been arraigned under arrest, telling the court "we have had defendants in cases involving more than €20,000 who were charged by summons, and who got suspended sentences, yet here we have an arrest in a case about €1000". Falzon replied that the pros- ecution was not contesting the defendant's work or residence permit, but was only taking issue with his immigration status in its objections to bail. The court was told that the owner of the company which em- ployed the defendant, Eurofreight Services, was present in the court- room and was prepared to vouch for him. She was called to the wit- ness stand to explain further. Agbonmware had been working at the company's warehouses, un- loading, loading and securing car- go since November last year, she said, adding that he was married, with two children, and had been living in Malta for two years. The court granted the man bail against a €1,000 deposit and per- sonal guarantee €3,000, which the man's boss immediately provided. Man charged with money laundering over bank withdrawal of under €1,000 MATTHEW AGIUS magius@mediatoday.com.mt The warehouse employee was accused of money laundering and handling stolen goods after withdrawing money deposited in his bank account by a third party