Anyway, who's to say the birds didn't detect a nearby predator which caused them to take flight?
This is the point I was trying to make. This seems very hard to prove as the Oostvaardersplassen is right next to a motorway and Lelystad airport. People are free to enter. Lots of aeroplanes fly along the edges each day. I think even the aerobatic competition box is within hearing distance.
According to the law, their observation statement is sufficient for a conviction. Just like a statement from a police officer would be sufficient in a lot of cases. In fact, in the Netherlands, they have the legal status of "buitengewoon opsporingsambtenaar" which gives them limited police-like privileges.
I'm aware of this, but it would not make much sense if this can pass unchallenged in a higher court. In Holland you can get a 140 euro fine for holding a mobile phone while driving. It doesn't matter whether you are using it or not, the police officers' word is enough evidence. But if I could prove that I don't even own a phone and I was holding my camera, how can this 'evidence' hold up in court?
We're in need of a Dutch version of 'Flying Lawyer' here.
