A PEREGRINE falcon was produced at Baltinglass District Court in Co Wicklow yesterday in the case of a man charged with offences under the Wildlife Act.
Kenneth Smith, Hawkslodge, Toolestown, Dunlavin, Co Wicklow, was charged with seven offences under the Wildlife Act.
The charges included having two peregrine falcons without a valid certificate, failing to have the birds at an authorised location, failing to comply with conditions on the prohibition of trade involving the two birds and failing to comply with conditions on the movement of the two birds by allowing them to be moved.
The offences allegedly occurred between December 29th, 2009, and April 19th, 2010, in the townland of Mullins, Co Wicklow.
Before the case began, one of the two peregrine falcons involved was brought into court in a cage on foot of a previous production order.
The bird never left the cage and was only moments in court.
A ranger with the National Parks and Wildlife Service, Ben McCabe, said that on April 19th last year, he accompanied his manager, Ciara O’Mahoney, to Mr Smith’s home, where they were shown into an office in an outbuilding which is part of Mr Smith’s aviary.
When asked, Mr Smith said he had the two peregrine falcons and had certificates for them.
When the certificates were produced it was stated that the birds had to be kept at an address in Banagher, Co Offaly.
Mr Smith showed Mr McCabe both falcons.
In a later phone call with Mr McCabe, Mr Smith said he had not moved the birds from Offaly to his aviary.
Ms O’Mahoney of the National Parks and Wildlife Service gave similar evidence.
Nigel Jack Smith, a friend of Mr Smith, gave evidence for the defence saying he owned the birds and as a result of personal marital problems he had asked his friend to mind the two birds for him.
He said Mr Smith agreed, telling him to make contact with the relevant department to ensure it was okay for him to do so, which he duly did.
Brian Gageby, for Mr Smith, said if the birds were not at an authorised location, it “surely falls on the person who is named on the certificate” and not Mr Smith.
Mr Gageby said no money had changed hands in respect of the prohibition of trade.
He also said there was no evidence before the court that Mr Smith had allowed the birds to be moved.
Judge Murrough Connellan dismissed the charges.
Later, in a separate case, Mr Smith was charged with the movement of a saker falcon without a valid certificate and with the sale of a saker falcon to John Paul Conroy of Maples Road, Balally, Dublin, on August 9th last year at Toolestown.
On March 2nd, 2011, Mr Smith made a cautioned statement saying he had given the bird to Mr Conroy on loan and it was to be returned to him at a later date for breeding.
Judge Connellan said there was no evidence of sale and dismissed the charges against Mr Smith, granting an order for costs.
Terry McDonald of the National Parks and Wildlife Service said Mr Conroy had made a statement to him in which he alleged he had purchased the bird from Mr Smith.
Mr Conroy was convicted in absentia and Judge Connellan fined him €500 in respect of each of the summons.