Hunting warden stands trial over two young golden eagles
Published: Wednesday, Nov 15th 2023, 12:10
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The Valais judiciary must once again deal with the case of two golden eagles that left their nest prematurely at the end of June 2018 due to a disturbance. This was decided by the Federal Supreme Court. A hunting warden is on trial.
The birds, which were around three months old, had been disturbed by a photographer and an assistant gamekeeper. This is the result of a ruling by the Federal Supreme Court published on Wednesday. The two men had abseiled down to the nest to take photos. A private individual then reported a sighting of the young birds to the Valais Department of Hunting, Fishing and Wildlife (DJFW) and the sector's hunting warden at the beginning of July 2018.
The gamekeeper was not on site. He therefore asked the private individual to capture an eagle and bring it to his stable. The bird was on the ground. After some back and forth, both golden eagles were finally returned to the gamekeeper's stable on July 22, 2018. However, they escaped the following day and could not be handed over to an approved aviary, as ordered by the DJFW.
Acquittal after conviction
In December 2020, the gamekeeper was sentenced to a fine of 40 daily rates of 330 francs for violating the Hunting and Animal Protection Act. The court of first instance was of the opinion that the defendant had kept the eaglets with him for too long without good reason instead of taking them to the aviary. This verdict was overturned by the Valais cantonal court in January.
The Federal Supreme Court has now upheld the public prosecutor's appeal against the acquittal with regard to the Hunting Act. The case goes back to the Valais judiciary for reassessment.
Pure convenience
According to the Federal Supreme Court, the hunting authority wanted the first eagle to be placed in the aviary as quickly as possible. It should not have waited until the second young bird had also been caught. The hunting warden's delay could only be explained by convenience. He himself had said that he did not want to make two trips to the aviary.
The court is also unable to explain why the transport had not yet been organized when the two birds were finally reunited on 22 July 2018. The difficulties cited are not tenable. Photos had been circulated on social media showing, among other things, one of the eagles simply sitting in the front seat of the gamekeeper's jeep.
However, the Federal Supreme Court denied a violation of the Animal Welfare Act. The temporary keeping of the two eagles in the barn did not violate their "dignity". Neither did the photos circulated on social networks.
Furthermore, it had not been proven that the behavior of the warden had increased the stress for the two birds. Contact with humans was unavoidable for the birds' care. (Judgment 6B_264/2023 of 25.10.2023)
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