They’re having a laugh.
Criminal proceedings continued yesterday (22 November 2016) against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.
Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Mr Dick was sentenced in September 2015 and was given a £2000 fine (see here). Mr Dick attempted to appeal his conviction but this was refused on 15 July 2016 (see here).
Here’s a quick review of the proceedings against Andrew Duncan so far:
Hearing #1 (18th August 2015): Trial date set for 23rd Nov 2015, with an intermediate diet scheduled for 20th Oct 2015.
Hearing #2 (20th October 2015): Case adjourned. November trial date dumped. Notional diet hearing (where a trial date may be set) scheduled for 18th January 2016.
Hearing #3 (18th January 2016): Case adjourned. Another notional diet & debate scheduled for 11th March 2016.
Hearing #4 (11th March 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 4th April 2016.
Hearing #5 (4th April 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 3rd June 2016.
Hearing #6 (3rd June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 17th June 2016.
Hearing #7 (17th June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 15th July 2016.
Hearing #8 (15 July 2016): Case adjourned. Another notional diet scheduled for 2 August 2016.
Hearing #9 (2 August 2016): Proceedings moved to trial. Intermediate diet scheduled for 15 November 2016 and provisional trial date set for 7/8 December 2016.
Hearing #10 (15 November 2016): The case was adjourned for another intermediate diet scheduled for 22 November 2016. A new trial date may be set depending on what happens during this hearing.
Hearing #11 yesterday (22 November 2016): The case was adjourned for yet another intermediate diet scheduled for 6 December 2016. Trial dates expected to be assigned during this Dec hearing, so presumably the provisional trial dates of 7/8 Dec have been dumped.
Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to force nearly five years ago on 1st January 2012. To date there have been two successful prosecutions/convictions: one in December 2014 (see here) and one in December 2015 (see here). One further case did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).
We’ve recently been blogging about DEFRA’s hen harrier brood meddling scheme, due to start in the 2017 breeding season. A series of FoIs has uncovered some of the plans to date (e.g. see 



In January 2016, DEFRA published its Hen Harrier (In)Action Plan (see