“There does not seem to have been a welfare offence”, says SLE about crow video

The representative body of Scottish landowners, ‘Scottish Land and Estates’ (SLE), has made a statement on its website about the crow-beating incident recorded on video earlier this month (see here, here and here for background info).

SLE writes: “…and despite the impression given by the OneKind film there does not seem to have been a welfare offence…” (link to SLE statement here).

Maybe the SLE people watched a different video to the rest of us, or maybe they think the method of killing was acceptable? Their view is certainly not shared by the 1,993 signatories to the OneKind open letter to the Scottish Environment Minister (see here), and judging by the comments made by the general public on the OneKind website, a lot of people are understandably angry about what they saw in that video (see here to view the comments).

SLE goes on to warn its members about the potential for criminal damage being done to legal traps, cages and snares, and is encouraging them to report any suspicious activity to the police.

Blog readers are encouraged not to take the law into their own hands, but instead, report any suspicious-looking devices or suspected animal welfare incidents to the police and to the SSPCA. (We recomend reporting to both the police and the SSPCA so that the SSPCA can follow-up if the police fail to investigate). There is an excellent guide to help identify a legal trap from an illegal trap on the OneKind website, and we encourage everyone to take a look. The guide can be found here.

Whether you share the SLE’s view or not, a legal decision about whether the gamekeeper’s actions amounted to a welfare offence, or not, will never be known, as the Procurator Fiscal deemed the video inadmissable evidence, and this decision was later supported by the Lord Advocate. Although a private commentator on this blog has suggested that it was not the Fiscal’s role to deem the evidence inadmissable; he thinks that only a Sheriff has the authority to rule on such an issue. If there are any legal experts reading this (and we know there are a few of you!!) we’d be happy to hear your opinion.

Meanwhile, we’ll sit and wait for the Scottish Environment Minister’s response to the questions raised about wildlife crime reporting in Scotland.

2 thoughts on ““There does not seem to have been a welfare offence”, says SLE about crow video”

  1. I am absolutely disgusted by this statement, which also says:
    “Estates should be on the look-out and report any suspicious activity immediately to the police.”
    I think anyone who is concerned with the welfare of our wildlife should also remain vigilant, especially in light of this statement, which clearly indicates that Estate & Land owners see absolutely nothing wrong with the unnecessarily cruel & barbaric treatment of these Birds, in this case!

  2. No one should be too surprised about that statement…after all I can remember even members of a Parliamentary Committee [MSPs]discussing what was “an acceptable level of cruelty” over the use of snares…most people in the field of “varmint control” have had a very long period of non interference in such aspects as methods of killing.

    Also..I have never touted myself as “an expert” on law, wildlife or otherwise but Ive been present on many occasions when it was being debated by those who were…or purported to be.Case Law…the absolute “rule” = interpretation which must be followed, can only be made by Appeal Court judges…after a case has failed on such a point as inadmissability of evidence. If the Crown Office wont even run a case to test it..there can never be proper Casse Law on this point. Various Sheriffs have already ruled such evidence admissable in wildlife cases in Scotalnd…and one Sheriff didnt – the McLeod case which keeps , strangely, being the one which is quoted by the shooting lobby and their pals!

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