A deer is seen in the backyard of a house in Kelowna in this undated file photo.
Image Credit: FILE PHOTO
November 04, 2020 - 5:03 PM
Two hunters from the Lower Mainland paid for their carelessness to the tune of $4,500 in penalties for shooting a mule deer in a residential area of Osoyoos.
Ayad Abdul-Majid and Shojaa Irtaish of Surrey entered guilty pleas for hunting infractions in Penticton court today, Nov. 4, receiving penalties totalling $4,500. Abudl-Majid pleaded guilty to a charge of allowing his hunting license to be used by another person, while Irtaish entered guilty pleas to a charge of hunting without reasonable consideration of others and a second charge of unlawful hunting of a mule deer.
The two men were charged after a hunting expedition on Sept. 22, 2018, in which several people were seen in a pickup truck hunting on private property near Osoyoos, court heard.
A neighbouring property owner called the B.C. Conservation Officer Service after a four point mule deer was shot on an adjacent property. The animal was able to travel to the complainant’s property before it died.
The hunters then drove to the complainant’s property and asked permission to retrieve the deer. The license plate number of the truck was taken and passed on to conservation authorities, who began an investigation the following day.
Conservation officers traced the truck to Irtaish who cooperated fully with the officers. He was responsible for shooting the deer, but lacked a species license for the animal, while Abdul-Majid had a species license but did not shoot the deer,
Abdul-Majid provided his species license Irtaish, which is against regulations.
Conservation officers also determined the hunters were within 200 metres of residences in an area completely surrounded by private property. The complainant’s home was in a newer development that was part of an adjacent property, also under development.
Crown prosecutor Dan Blumenkrans asked Judge Cathaline Heinrichs for a fine of $1,000 against Abdul-Majid for his part in the incident. He asked the assessment be split into a $50 fine and a contribution of $950 to the Habitat Conservation Trust Fund.
Blumenkrans asked for a $2,500 fine for Irtaish on the charge of hunting without reasonable consideration for others’ property or lives, and an additional $1,000 fine for unlawful hunting of a mule deer. He asked Irtaish’s $1,000 assessment be split in to a $50 fine and a $950 contribution to the Habitat Trust Fund, calling hunting a largely self-regulating sport.
“We are dealing with private property, where individuals are being affected by the hunting, and certainly in the context of hunting, 200 metres from a house is considered to be a dangerous distance,” Blumenkrans told court.
Both men represented themselves by phone.
Abdul-Majit agreed with Crown’s request, but Irtaish asked his $1,00 fine be dropped, citing financial hardship.
“The $2,500 fine is enough. I’ve learned my lesson,” Irtaish told court.
Judge Heinrich noted the two men’s full cooperation with authorities but also said there were sufficient signs of habitation in the area where they were hunting for them to realize they were on residential land.
She agreed with Crown’s request for a total of $4,500 in fines, telling Irtaish he had entered a guilty plea to the charge of unlawful hunting and had to pay a penalty for that charge.
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