PARROT breeder Harry Sissen, who was convicted two years ago of smuggling rare breeds into the country, has been told he can have some of his birds back.
After the ruling at Richmond last week Mr Sissen vowed to continue his fight to have all his birds returned.
They were confiscated five years ago when Customs and Excise officers raided his home at Cornhill Farm, East Cowton, near Northallerton. More than 140, macaws, cockatoos and parrots were seized.
Mr Sissen was later jailed for 30 months for smuggling but the sentence was cut to 18 months on appeal.
A condemnation order was put on his collection and the birds were all taken to zoos and specialist gardens across the country.
But he appealed against the order and at Thursday's civil hearing he recovered about 70 of them when it was ruled that there was insufficient evidence to prove they had been illegally imported.
District Judge Roy Anderson said Mr Sissen's involvement with the birds was an obsession.
He described him as a person concerned with the welfare of the endangered species but also as a person prepared to break the law.
As he left the court, Mr Sissen said he was determined to have all his birds returned, including three Lear macaws of which there are thought to be only 250 left in the world.
He said: "The fight will go on. I am the best breeder in Europe and when you believe in something then you fight for it."
A spokesman for Customs and Excise said: "We accept the ruling and will make arrangements to return the birds to Mr Sissen. All those that have been ruled liable to confiscate will be found suitable homes.
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