BIRD lover John Luxford kept a kestrel in a budgie cage at his home after nursing the bird he rescued back to health.

He discovered the bird of prey caught in wire netting, with an injured wing and leg, while walking in countryside between Ringmer and Lewes.

The RSPCA prosecuted him claiming the wild bird had been kept in a budgie cage, which was too small for it to stretch its wings, for about four months.

Mr Luxford, 54, who lives with his wife in Bexhill Road, Woodingdean, admitted confining a kestrel in a cage which had insufficient space.

The Brighton Magistrates' court heard an RSPCA inspector called at Luxford's home last September, where the bird was seen in a cage measuring 14 inches in diameter and 25 inches high.

The adult male bird had a wing span of 26-and-a-half inches.

David Buck, prosecuting for the RSPCA, said: "The cage was entirely unsuitable. The bird's flight feathers were damaged and frayed as a result of being kept in the cage."

Mr Luxford, admitted he had cared for the bird, he named Lightning, without looking for any specialist treatment and without any experience of birds of prey.

Mr Buck said even if Mr Luxford had originally cared for the bird because it was injured, he had caused it more harm by keeping it in a small cage and had kept it far too long before releasing it.

Avet's report said the bird's flight feathers had been damaged by brushing up against the sides of the cage.

The bird was taken to a wildlife rehabilitation centre before being released back into the wild.

Mr Luxford told the magistrates he had no intention of keeping the bird and was only looking after it until it was well enough to fly away.

He was given a 12-month conditional discharge and ordered to pay £93 in compensation towards vet's bills and legal costs.

He denied illegally possessing a wild bird in breach of the Wildlife and Countryside Act. After a trial Brighton magistrates dismissed the charge.

He said he only kept the bird in the cage when he went out to keep it safe from his pet cat and claimed the rest of the time the bird stayed in his outhouse and was gradually starting to fly around downstairs of his house.

He denied keeping the kestrel as a pet or a curiousity.

He said: "I took great pleasure in bringing him back to life. I never gave a thought to contacting the RSPCA and I could not afford a vet. My main concern was the bird.

"I am a bird lover and I watch all the wildlife programmes on television and I read a book about it.

"I had no intention whatsoever of keeping him or mistreating him. I spent most of my time with that bird and I really looked after him."

After the hearing Mr Luxford, who used to breed tame birds, including budgies, canaries and Love Birds, said the case should never have come to court.

He said: "All I was trying to do was to help that bird. It was a waste of tax payers' money taking me to court.

"I am an animal lover and I would do exactly the same thing again."

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