The Court of Appeal confirmed the conviction of a breeder, for having killed numerous specimens of this protected species during agricultural work on the outskirts of Ajaccio, to a fine of 35,000 euros and to pay a total of 30,000 euros damages to associations
The Court of Appeal of Bastia upheld the conviction of a cattle farmer for, because of rotary milling work he has made on the land he leases on the La Confina site on the outskirts of Ajaccio, to have killed many specimens of a protected animal species, in this case of Hermann’s tortoises, and for alteration Where degradation of their habitat.
The farmer had appealed the conviction pronounced on December 14, 2020 by the Ajaccio Criminal Court.
The correctional appeals chamber confirmed in all respects, both with regard to public action and civil interests, the judgment pronounced at first instance, namely two months’ imprisonment accompanied by a suspended probation and this for a period two years; a fine of 35,000 euros; the payment of damages, in compensation for the damage suffered, to associations which have instituted civil proceedings: U Levante (15,000 euros), the Association for the Protection of Wild Animals (10,000 euros) and the Station d’ observation and protection of turtles and their habitats (5,000 euros). This procedure was closely followed by the French Agency for Biodiversity and the Dreal (regional directorate for the environment, planning and housing) of Corse-du-Sud.
READ ALSO. VIDEO. Hermann’s tortoise in Corsica: the cry of anger from Global Earth Keeper and the LDH
An appeal in cassation of the defense is not excluded
“We take note of this decision of the Court of Appeal. But there is still a legal debate that has not been settled, it is that concerning the conditions under which the services which made the findings accessed the land. of my client. We therefore reserve the right to appeal to the Court of Cassation, indicates Me Dominique Paolini, breeder’s lawyer. On the merits, this judgment corroborates the fact that my client will have to leave the Confina site because of this court decision and a project to create a penetrating line to serve Ajaccio. He is the last farmer on the outskirts of Ajaccio and soon, between court decisions and major projects, there will therefore be no more.”
The council of this young 25-year-old farmer qualifies this file as “Caffeine!”. “My client had, at the request of the Odarc (Office of Agricultural and Rural Development of Corsica) and with the agreement of the DDTM (departmental directorate of territories and the sea), carried out the necessary work to install a fence and thus bring itself up to standard, signal Me Paolini. He acknowledged that this work killed turtles and he regrets it. But he had a specialized company, which represented a significant expense, carry out an expert report which shows that the species has not been eradicated. It was not taken into account.”
“Exceptionally serious and unprecedented facts”
For his part, M.e Martin Tomasi, lawyer for the U Levante Association for the Protection of Wild Animals, considers it a “an important decision because it punishes exceptionally serious offenses against a protected species. The defendant was found guilty of having destroyed nearly thirty hectares of the natural habitat of the Hermann’s tortoise and of having literally massacred, for these rotary milling works, several hundred specimens, which is unprecedented: around sixty dead turtles were found but a scientific study estimates that there are more than 350. This is the first time that an attack of ‘Such an extent is sanctioned by justice. “What probably also weighed was that this farmer had been informed very quickly by the environmental investigators that he was doing work in an area where there are Hermann’s tortoises, that they are subject to a permission and that there are precautions to be taken. He was asked to stop this work, but he continued it for several months.”
“The environmental damage is major and very largely irreversible because this land is located at Mont Sant’Angelo, which is considered a high place in Corsica for this endangered species, continues Me Tomasi. Scientific elements produced on appeal by the Dreal tend to demonstrate that the population present on this site has suffered such trauma that it is no longer able to reproduce because too many adult turtles have been killed.
“The Bastia Court of Appeal recalled, through this decision, that under no circumstances should the habitat of these turtles be touched and, a fortiori, harm this species that we are lucky to have and which is disappearing. Corsica is the main home of this species in France, which is also found in the Massif des Maures. In Ajaccio, one of the most dynamic centers was permanently destroyed. It will take decades to undo this damage.”
–
