Germany: Charges against hobby hunters for lynx killing

The Regensburg Public Prosecutor's Office has concluded the investigation into the illegal killing of a lynx, dismissing part of the charges due to insufficient evidence, and otherwise filing charges with the Cham District Court for the unlawful possession of two prohibited weapons and the deliberate pursuit and killing of a wild animal of a strictly protected species.

As has already been reported repeatedly in the media, four front limbs of lynxes were found in mid-May 2015 in the Bavarian Forest, in the Lamer Winkel area. Since then, the Regensburg Public Prosecutor's Office initially investigated against unknown persons, and following the receipt of tip-offs subsequently against a specific suspect on suspicion of illegal hunting as well as violations of the Federal Nature Conservation Act and the Animal Welfare Act.

Insofar as the suspect was alleged to have killed the two lynxes whose front paws were found in May 2015, the investigation against the suspect was discontinued pursuant to Section 170 paragraph 2 of the Code of Criminal Procedure due to insufficient evidence.

In addition, body parts (paws and ears) of another lynx were seized from the suspect. It could also not be proven that the suspect was responsible for the killing of this lynx, so the investigation was also discontinued in this respect.

Finally, it could also not be proven that the suspect had illegally killed wild animals in further cases that he himself had claimed to a witness. Specific incidents could not be established with the requisite certainty — also with regard to the act, time of the offence, and location — due to a lack of suitable traces or evidence.

In the course of the extremely extensive investigations, a commissioned expert report concluded that the four forepaws found had come from two wild European lynxes, presumably one male and one female. One of the lynxes had been shot at least twice at least two months before its death, sustaining injuries, but had apparently been able to flee.

No bullet impact marks were found on the forepaws of the other lynx. However, a comparative examination of the bullet fragments found in the lynx paws and the ammunition seized from the suspect during the execution of a court-ordered search revealed no match. Equally, the comparative examination of the lynx paws found at the scene with the lynx paws and lynx ears seized from the suspect produced no match.

However, during the search carried out at the suspect's premises, further items of evidence were seized, on the basis of which the public prosecutor's office has now filed charges in relation to additional alleged offences.

On the one hand, a night vision/sighting device and a throwing star were found on the suspect's property. The suspect is therefore charged in the indictment with the intentional possession of two prohibited weapons.

Trap set in the forest

On the other hand, a so-called live trap was found and seized in a forested area. Based on the traces secured on the live trap and additional items of evidence, the public prosecutor's office considers there to be sufficient grounds for suspicion that the suspect used this trap to pursue lynxes and caught at least one lynx during the period between June 2014 and September 2016, subsequently killing it with a handgun. The public prosecutor's office therefore also charges the suspect in the indictment with the intentional pursuit and killing of a wild animal of a strictly protected species, an offence punishable under the Federal Nature Conservation Act.

Environmentalists thank investigators

Environmentalists praise the meticulous work of the investigators. The Landesbund für Vogelschutz warns that lynxes in the Bavarian Forest continue to disappear time and again.

It is a scandal when endangered species like the lynx are wiped out again in Bavaria, while we simultaneously demand enormous efforts and economic sacrifices from the much poorer countries of Africa and Asia for the protection of nature. However, in the present case, we acknowledge the professional work of the police and the public prosecutor's office, which was conducted with great effort as if it were a murder investigation.

Claus Obermeier, Board Member of the Gregor Louisoder Environmental Foundation