Month: February 2022

Badger killer and red kite chick thief avoids prison

This is such a weird case and there’s a lot about its progress through the judicial system that I don’t understand and haven’t found anyone yet who can provide a decent explanation.

Way back in December 2020 I blogged about the trial at Newport Magistrates Court of a 39-year-old man, Dewi James Price, who had been found guilty in his absence of killing a badger in the Builth Wells area of Powys on February 18, 2018. He was also convicted of taking a red kite in Gelligaer, Caerphilly, on May 19, 2019, and was found guilty of intentionally or recklessly disturbing a red kite while it was in, on or near a nest containing eggs or young and of intentionally or recklessly disturbing the dependent young of a red kite. He had filmed himself committing these crimes and boasted about his activities online. He was due to be sentenced the following week at Newport crown Court (see here).

However, it was then reported that sentencing had been switched to Cardiff Crown Court but sentencing had been deferred until 8th January 2021 because the defendant’s barrister had told the judge her client wanted to appeal his conviction (see here).

This made no sense to me. I thought appeals were undertaken after sentencing, not before.

Anyway, after that newspaper report nothing more was heard of this case. I’ve asked a few people about it during 2021 but nobody seemed to know anything about it.

Until a few days ago.

On the 9th February 2022, the Wales Online website published the news that Dewi Price had appeared at Swansea crown Court for sentencing.

He was sentenced to a total of six months in prison – comprising five months for the badger offence and one month for the Red Kite offences to run consecutively – suspended for 12 months.

He must also complete a rehabilitation course and pay a £125 contribution to the £9,946 costs of bringing the prosecution. The court ordered two dogs be taken off Price, and the defendant was banned from keeping dogs for two years – the judge said the period of the ban would likely have been “much longer” had the case come to court sooner.

The judge also said she was “quite sure” it would have been immediate custody had the case come to court sooner.

Eh? I don’t understand why he wasn’t sentenced back in Dec 2020 after being convicted, nor why it has taken 14 months to get him back into court for sentencing, nor why this delay would lessen his sentence.

If there are any blog readers from law enforcement who could offer an explanation it’d be welcome!

UPDATE 14.20hrs: There’s another news item about this case published by the South Wales Argus on 10th February 2022. This article claims Price was found guilty at a trial at Cardiff Crown Court on 4th February 2022. I’m not sure this is accurate reporting.

Dorset MP Chris Loder’s farming connections may explain his anti-eagle hysteria

Yesterday, Dorset MP Chris Loder’s Twitter notifications must have been off the scale as hundreds of angry people took him to task for his shocking comments (here) about not wanting Dorset Police to investigate the suspicious death of a white-tailed eagle, found dead on a Dorset shooting estate in January (here).

[The dead white-tailed eagle being collected for post mortem. Photo by Dorset Police]

Last night Chris Loder added fuel to the fire by posting this on Twitter:

This ridiculous statement (“plaguing our farmers“, FFS!) attracted plenty of well-deserved ridicule but it also generated even more anger and in some cases, unfortunately, personal abuse towards Mr Loder. But even when photographer Pete Cairns pointed out that the two photos of the eagle with a lamb had been staged, by Pete, for a separate project and then mis-used to illustrate the Scotsman article to which Mr Loder was referring, (this was a captive eagle with an already-dead lamb placed in front of it), Mr Loder was not for backing down.

It’s a familiar argument, of course, to those of us who have listened for years to prejudicial-driven hysteria about white-tailed eagles, although typically this has come from the Scottish Gamekeepers Association (who remembers them writing to the Scottish Government warning that sea eagles might not be able to distinguish small children from prey?!) but to hear it from an elected MP in southern England was quite a shock, especially a Conservative MP whose senior Ministers keep pretending that bird of prey conservation is important to them (e.g. see here and here).

However, even DEFRA Minister Richard Benyon could read the room on this one and yesterday typed a suitably-exasperated tweet to Chris Loder, which was probably code for, ‘Shut up, you’re not doing us any favours here’:

I’d speculated yesterday that perhaps Chris Loder’s dissatisfaction that Dorset Police’s time and resources were being put towards an investigation into the suspicious death of the sea eagle might have something to do with the fact that the Conservatives have received substantial local party donations, over a number of years, from a prominent Dorset estate that just happens to be owned by a very wealthy landowner who appears to be part of the hunting set and whose spouse appears to have played a prominent role with the Countryside Alliance (here).

That may well be part of the story, but it’s also clear from his posts last night and from online information about his farming background that he’s susceptible to, and believes in, the anti-eagle propaganda routinely pumped out by the National Farmers Union, an organisation who refused, formally, to support the Isle of Wight Eagle Reintroduction Project because of a perceived fear of the impact the eagles would have on livestock, despite extensive consultation and evidence-based assurances by the project team that live sheep would not be at high risk. [But note that not all farmers agreed with the NFU’s stance and a number are supportive of the project].

This morning I’ve been sent some more information that suggests Chris Loder’s position may also be influenced by his family’s farming connections. Detailed research undertaken by Guy Shrubsole (author of the brilliant website Who Owns England) has revealed that Chris Loder’s family appears to run a tenanted farm on a large Dorset estate (a different estate to the one that’s been making donations to the local Conservative party) and on that estate there’s also a sizeable pheasant shoot.

As before, there is no suggestion whatsoever that either Chris Loder, his family, or the estate on which his family runs a tenanted farm, has anything whatsoever to do with the death of the white-tailed eagle in Dorset. What I am suggesting is that it is worth bearing in mind that when Chris Loder is proclaiming eagles as the farmers’ enemy and pronouncing that the police shouldn’t be spending time and resources on investigating the suspicious death of one of those eagles, found dead on a Dorset game-shooting estate, it’s worth remembering these vested interests of his.

And as interesting as this all is, I think it’s also a distraction from the main topic of interest here, and that is, when are we going to see the toxicology report of the dead eagle found on a game-shooting estate in Dorset in January and the dead eagle found on a game-shooting estate in Sussex last October?

And on that same subject, when will Natural England release the post mortem results of the two satellite-tagged hen harriers found dead in October last year (see here)? Or tell us about the investigation into the satellite-tagged hen harrier that probably had its wings pulled off 11 months ago (see here)?

Dorset MP Chris Loder doesn’t want Police to investigate suspicious death of white-tailed eagle

Further to yesterday’s news that two reintroduced white-tailed eagles have been found dead in suspicious circumstances on game-shooting estates in southern England and that Dorset Police are investigating the circumstances of the one found in Dorset (here), local conservative MP Chris Loder has made an extraordinary statement on Twitter this morning.

[The dead white-tailed eagle found in Dorset. Photo from Dorset Police]

Here’s his tweet:

Is this guy for real?

This is a suspected wildlife crime of a very serious nature. The three most common methods for killing birds of prey on UK game-shooting estates are shooting, trapping (and then clubbing to death) and poisoning. We don’t know which of these methods, if any, have been deployed in this case but all are potential features of the case. The fact that Dorset Police have stated the eagle has gone for toxicology analysis suggests that poisoning is a possibility.

The poisons most frequently used to kill birds of prey in this country are highly toxic substances – banned in many countries because they’re so dangerous that just a tiny amount is enough to kill a human. The effects of using poisonous baits are indiscriminate. Not only may the baits kill the target species but any other species that happens to come into contact with it, or any pet dog, or any inquisitive human, including a child.

If the eagle has been shot, there’s a dangerous armed individual on the loose in Dorset.

If the eagle has been trapped and clubbed to death, there’s a dangerous psychopath on the loose in Dorset.

Why on earth wouldn’t Mr Loder MP want Dorset Police to spend time and resources investigating this incident?

It wouldn’t have anything to do with the local conservative party receiving donations from a prominent Dorset estate, would it? [Note: I am not in any way suggesting that the donor estate is linked to the death of this eagle, I’m pointing out that on the Parliamentary register of interests Mr Loder has listed substantial party donations from a Dorset estate whose owner appears to be linked to ‘country sports’].

Dorset Police’s Rural Crime Team have hit back at Mr Loder:

Mr Loder’s response:

FFS. As if it isn’t difficult enough for under-staffed, under-resourced police officers to investigate wildlife crime. Imagine being on this rural crime team, which, by the way, has a deserved reputation for being diligent and sincere when dealing with alleged raptor persecution crimes, trying to get to the bottom of what will be one of the highest profile cases this year, under huge public pressure to deliver results (quite rightly, IMHO), and the local MP publishes demoralising tosh like this.

I hope his inbox is flooded with complaints.

UPDATE 12th February 2022: Dorset MP Chris Loder’s farming connections may explain his anti-eagle hysteria (here)

UPDATE 14th April 2022: Dorset Police refuse FoI request for correspondence between them and Chris Loder MP on poisoned eagle (here)

UPDATE 5th March 2025: Natural England quietly releases intriguing grouse moor location where two shot brood meddled hen harriers found dead (here)

Two reintroduced white-tailed eagles found dead in suspicious circumstances on game-shooting estates in southern England

Well it took longer than I expected but it’s happened.

Two of the reintroduced white-tailed eagles from the Isle of Wight Project have been found dead in suspicious circumstances on game-shooting estates in southern England.

The fact they were discovered during multi-agency searches is a clear indication that criminality is suspected. One was found in Dorset in January and the other one is believed to have been found in Sussex last October.

Toxicology results are awaited for both eagles, although why it’s taken four months for the results from the first bird is not yet clear.

[The dead white-tailed eagle found on a game-shooting estate in Dorset. Photo by Dorset Police]

There is huge concern for the safety of three other white-tailed eagles currently in Dorset, which I imagine is why the police have decided to issue this statement:

UPDATE 11th February 2022: Dorset MP Chris Loder doesn’t want Police to investigate suspicious death of white-tailed eagle (here)

UPDATE 12th February 2022: Dorset MP Chris Loder’s farming connections may explain his anti-eagle hysteria (here)

UPDATE 15th February 2022: Police investigate after sudden death of white-tailed eagle on Isle of Wight (here)

UPDATE 27th April 2022: White-tailed eagle poisoned with banned pesticide on a game-shooting estate in West Sussex (here)

General Licence restriction imposed on Invercauld Estate in Cairngorms after poisoned golden eagle & baits found

In March last year a dead golden eagle was found face-down on a grouse moor on Invercauld Estate in the Cairngorms National Park. It had been ‘deliberately’ poisoned with a banned substance, according to Police Scotland, and two poisoned baits were found close-by (see here).

[The poisoned golden eagle, next to a poisoned hare bait. Photo by RSPB Scotland]

[Invercauld Estate inside the Cairngorms National Park. Boundary data from Andy Wightman’s Who Owns Scotland website]

Today, 11 months after the grim discovery, the Scottish Government’s statutory nature conservation agency NatureScot has imposed a three-year General Licence restriction on part of Invercauld Estate. Here’s the press release:

General Licence restricted on Cairngorms Estate

NatureScot has restricted the use of general licences on part of the Invercauld Estate in the Cairngorms National Park.

The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds. This evidence included a poisoned golden eagle found on the estate in March 2021, along with a rabbit and a hare carcass, both baited with poison. The restriction will apply to the Gairnshiel and Micras moor on the estate, where the evidence of poisoning was found.

Donald Fraser, NatureScot’s Head of Wildlife Management, said: ““These poisoning incidents are appalling and an act of animal cruelty. The indiscriminate use of poisons is not only lethal to our iconic Scottish wildlife, but can also pose a serious health risk to people and domestic animals that come into contact with it. 

“We are committed to using all the tools we have available to tackle wildlife crime. In this case, there is clear evidence of criminal behaviour. Because of this, and the risk of more wildlife crimes taking place, we have suspended the use of general licences on this property for three years. They may still apply for individual licences, but these will be closely monitored.

“This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place, although under tighter supervision. We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime.

“We work closely with Police Scotland and will continue to consider information they provide on cases which may warrant restricting general licences. The detection of wildlife crime can be difficult, but this is the third time in recent months when we have restricted use of general licences on the basis of evidence of crime taking place. New and emerging technologies, along with a commitment from a range of partners to take a collective approach to these issues, will help us stop wildlife crime.”

General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.

ENDS

Here is the map showing the restricted areas on Invercauld Estate. The restriction applies from 9th February 2022 to 9th February 2025.

This has been a long time coming for this estate. I wrote about it in May 2021 (here) and I’ll repeat it here.

Invercauld Estate and the surrounding area has been at the centre of many alleged wildlife crimes over the years, including the discovery of three poisoned buzzards on the estate in 2005 (here), the discovery of a poisoned red kite at the Spittal of Glenshee on Invercauld Estate in January 2007 according to former police wildlife crime officer Alan Stewart (in litt. 9 Feb 2022), the discovery of an illegally shot peregrine at the Pass of Ballater in 2011, the reported coordinated hunt and subsequent shooting of an adult hen harrier at Glen Gairn on the border of Invercauld and Dinnet Estates in 2013, the illegally-set traps that were found near Geallaig Hill on Invercauld Estate in 2016, the suspicious disappearance of satellite-tagged hen harrier Calluna ‘on a grouse moor a few miles north of Ballater’ on 12 August 2017, the opening day of the grouse shooting season (here) although it’s not clear whether this was on Invercauld Estate or neighbouring Dinnet Estate, the suspicious disappearance of satellite-tagged white-tailed eagle ‘Blue T’ on Invercauld Estate in May 2018 (see here), the suspicious disappearance of satellite-tagged hen harrier Stelmaria ‘last recorded on grouse moor a few miles north west of Ballater, Aberdeenshire on 3rd September 2018 (see here), the discovery of a golden eagle flying around the area with a spring trap attached to its foot in August 2019 (here), the suspicious disappearance of satellite-tagged hen harrier (Wildland 2) on Invercauld Estate on 24 September 2019 (here) and the discovery of a deliberately poisoned golden eagle and poisonous baits on a grouse moor on Invercauld Estate in March 2021 (see here).

I’m pleased to see this restriction finally imposed on Invercauld, although I’d much rather have seen a series of criminal prosecutions. The restriction will have very little material affect on the game-shooting activities on Invercauld because the estate can simply apply for an individual licence allowing it to continue its activities as if no ‘clear evidence of criminal behaviour’ has been uncovered (more on that ridiculous situation shortly) but it does mean the estate’s reputation is damaged and it also means this can be used to apply pressure on organisations such as Scottish Land & Estates and the Scottish Gamekeepers Association, who both claim to have a zero tolerance of raptor persecution.

Will Invercauld Estate and its gamekeepers remain members of these two organisations?

UPDATE 7th April 2022: Invercauld Estate in Cairngorms National Park loses appeal against General Licence restriction imposed for wildlife crime (here)

Another DEFRA Minister pretends to be taking action against raptor persecution on gamebird shooting estates

Last week in the House of Lords, Baroness Hayman of Ullock (Sue Hayman), a life peer serving as Shadow Spokesperson for Environment Food & Rural Affairs asked the Rt Hon Lord Richard Benyon (Parliamentary Under Secretary of State at DEFRA and a pheasant shoot and grouse moor owner) how the Government intended to take forward the recommendations of a new United Nations report on UK wildlife crime, including raptor persecution (p81-88). One of the many recommendations was the licensing of gamebird shoots.

Benyon’s predictable response might as well have said, ‘Nothing to see here, there’s no problem, move along now‘ (see here).

It’s a recurring theme from DEFRA Ministers.

In recent days, Kerry McCarthy MP asked George Eustice, Secretary of State for Environment, Food & Rural Affairs a similar question in the House of Commons:

Rebecca Pow, the Parliamentary Under-Secretary of State replied on behalf of George Eustice:

Regular blog readers won’t be surprised to learn that Pow’s response is just a re-hash of the response she gave five months ago when asked a similar question by Fleur Anderson MP (see here).

In the spirit of re-hashing responses, here’s mine from five months ago:

It’s quite obvious that this answer has been designed to pull the wool over the eyes of your average member of the public, assuring the uninformed and the gullible that the Government has this under control and there’s no reason for anyone to be concerned because the Government is ‘committed’ to effective enforcement and the criminals are sent to jail. That would all be fine if there WAS effective enforcement, and that offenders DID get sent to jail for these heinous crimes, but it’s an utter fallacy.

Yes, it’s accurate to say there are strong penalties available for raptor persecution crimes, including imprisonment, but as Minister Pow will know, there’s a huge gulf between there being a provision for this in the legislation and it being applied in real life. For example, when was the last time that a criminal gamekeeper was sent to jail for killing a bird of prey? That’s an easy one to answer – never, in England & Wales. It has never happened. The only time a gamekeeper has received a custodial sentence for killing a bird of prey in the UK was in 2014 when a gamekeeper was filmed clubbing to death a goshawk on the Kildrummy Estate in Scotland two years earlier (see here). It was headline news at the time precisely BECAUSE it was the first ever custodial sentence, and it was the last, too.

It’s also complete deception to claim that the Raptor Persecution Priority Delivery Group (RPPDG) is delivering increased prevention or increased enforcement in the hotspot persecution areas. There isn’t ANY evidence to support such claims. The RPPDG is, in my opinion, a partnership sham, designed to look as though efforts are being made to effectively tackle illegal raptor persecution in England and Wales. It’s been in existence since 2011 and the ‘delivery’ results speak for themselves – so far it has achieved absolutely sod all in terms of contributing towards the conservation of raptors in the UK and instead has frustrated the efforts of those organisations who are genuinely trying to stamp out persecution (e.g. see here).

Nothing has changed. Raptors continue to be poisoned, trapped and shot on driven grouse moors and the Westminster Environment Minister’s wilful blindness is responsible for enabling that to continue.

Multi-agency raid following suspected raptor poisoning in North Wales

North Wales Police Rural Crime Team has posted this photograph on Twitter of a multi-agency raid that took place in Flintshire, North Wales today, involving the police, Welsh Government, National Wildlife Crime Unit and the RSPB’s Investigations Team.

There aren’t any further details other than a statement from the police:

‘The use of poisons to target birds of prey within our countryside will not be tolerated‘.

Well done to all the agencies involved.

This is the latest in a surge of multi-agency investigations in response to raptor persecution crimes over the last 13 months, including a raid on 18th January 2021 in Suffolk (here), another raid in January 2021 in Nottinghamshire (here), on 15th March 2021 a raid in Lincolnshire (see here), on 18th March 2021 a raid in Dorset (here), on 26th March 2021 a raid in Devon (see here), on 21st April 2021 a raid in Teesdale (here), on 2nd August 2021 a raid in Shropshire (here), on 12th August 2021 a raid in Herefordshire (here), on 14th September 2021 a raid in Norfolk (here), a raid in Wales in October 2021 (here) and on 10th December 2021 a raid in Humberside (here).

The Nottinghamshire investigation concluded on 28th January 2022 when gamekeeper John Orrey was sentenced for battering to death two buzzards he’d caught inside a trap (here).

Let’s hope some of these other raids have secured sufficient evidence to bring defendants to court.

More on those shot & dumped birds in Angus

Yesterday’s blog about the discovery of shot and dumped pheasants (and assorted other species) found in a lay-by in Angus, Scotland (here) caused quite a lot of discussion on social media about whether the carcass pile included woodcock, common snipe and jack snipe.

Shooting woodcock for ‘sport’ is highly controversial – this is a UK red-listed species. Shooting and then dumping the corpses would be inexcusable.

Last night the person who sent me the original photos from that lay-by went back to the dump site to try and get better photos for ID purposes:

This morning another blog reader visited the dump site and took more photos (see below). He told me there were five waders (he ID’d as woodcock) and another pile of birds nearby that looked to have been dumped a few weeks ago (pile included pheasants, teal and woodcock).

Here are the photos:

UPDATE 14th February 2022: ‘Insane’: Outrage after gamebirds dumped in Angus (here)

Wild Justice begins legal challenge against DEFRA on Schrodinger’s pheasant

When is a pheasant considered livestock and when is it considered wildlife?

The answer has huge significance in terms of what species gamekeepers are permitted to kill to ‘protect’ their gamebirds using General Licence 42, issued by DEFRA, which authorises the killing of certain bird species to prevent serious damage to ‘livestock’.

The answers are not at all clear, as shown in this infographic created by conservation campaign group Wild Justice:

In fact it’s so unclear, and appears to have been rigged for the benefit of the game-shooting industry rather than to benefit genuinely at-risk livestock, that Wild Justice has started legal proceedings against DEFRA.

You can read more detail about this legal challenge on Wild Justice’s blog (here) and it was also featured in an article in The Guardian this morning (here).

Wild Justice has three co-directors (Mark Avery, Chris Packham, Ruth Tingay) who work unpaid as volunteers. Their work to get a better deal for wildlife relies entirely on donations so if you’d like to support their work please consider a donation here. If you’d like to hear more about their legal challenges and campaign work, please sign up for their free newsletter here.

Thank you.

UPDATE 11th March 2022: DEFRA forced to U-turn on Schrodinger’s pheasant after legal threat from Wild Justice (here)

More pheasants shot & dumped, in Angus this time

Many thanks to the blog reader who sent in the following photos of dumped pheasants, found in a lay-by on the A94 in Angus, Scotland, yesterday (6th February 2022).

If you look closely you’ll see dead pheasants, red-legged partridge, ducks and a pigeon:

So yet another dumping incident to add to the long list including Cheshire, Scottish borders (here), Norfolk (here), Perthshire (here), Berkshire (here), North York Moors National Park (here) and some more in North York Moors National Park (here) and even more in North Yorkshire (here), Co. Derry (here), West Yorkshire (here), and again in West Yorkshire (here), N Wales (here), mid-Wales (here), Leicestershire (here), Lincolnshire (here), Somerset (here), Derbyshire’s Peak District National Park (here), Suffolk (here), Leicestershire again (here), Liverpool (here), even more in North Wales (here) even more in Wales, again (here), and in Wiltshire (here).

But the pressure is mounting. Last week Lord Newby told me he was going to pursue Lord Benyon about the issue of pheasant-dumping, after pheasant-shoot-owning DEFRA Minister Benyon denied having any evidence of it (here).

Also last week, the UK Government’s former Deputy Chief Veterinary Officer, Alick Simmons, submitted the following FoI to Natural England:

UPDATE 8th February 2022: More on those shot and dumped birds in Angus (here)

UPDATE 15th February 2022: ‘Insane’: Outrage after gamebirds dumped in Angus (here)