No prosecution for shot raptors found on Millden Estate, Angus Glens

On 8th October 2019, the Scottish SPCA executed a search warrant with Police Scotland on various properties on Millden Estate in the Angus Glens looking for evidence of animal cruelty and animal fighting, including badger baiting, after 58 gruesome photographs were reportedly sent to a printing shop in England by a Millden Estate employee.

Millden Estate is known for its grouse shooting (having been described in a sales brochure in 2011 as being ‘The Holy Grail‘ of grouse moors and ‘One of the finest sporting estates in Scotland‘) The estate also hosts pheasant and partridge-shooting on its low ground.

Millden Estate has also been described as a ‘savage, stripped, blasted land‘ by author and photographer Chris Townsend (here).

Millden Estate gamekeepers, along with others in the Angus Glens, have previously been feted by senior politicians, including former Cabinet Secretary for Rural Affairs, Fergus Ewing MSP, former Minister Graeme Dey MSP, and by Prince Charles who was photographed with Millden keepers as he opened a tweed workshop in Beauly in 2019.

Millden Estate was also visited by Professor Werritty and his colleagues in 2018 during the review of grouse moor management; they visited the estate apparently to see an example of ‘best practice for managing grouse moors’.

The estate, one of a number in the Angus Glens, is also long- known amongst conservationists as a raptor persecution hotspot after the discovery of poisoned and shot buzzards in 2009 and 2011 (here), a poisoned golden eagle (Alma) in 2009 (here), and a satellite-tagged golden eagle seemingly caught in a spring trap and then apparently uplifted overnight and dumped on Deeside with two broken legs & left to die (here). Nobody has ever been prosecuted for any of these alleged offences and Millden Estate has denied any responsibility.

In October 2019 during the morning raid at Millden Estate the SSPCA did find evidence of animal fighting and cruelty, including badger baiting, and after two and a half years of protracted legal process, in May this year 28 year old gamekeeper Rhys Owen Davies was convicted of a number of animal cruelty, animal fighting, and firearms offences: (for previous blogs on this case see here, here, here, here, here, here, here, here, here, here, here). Davies is due to be sentenced on Monday.

Other evidence of alleged wildlife crime was also uncovered during that search of Millden Estate back in October 2019, including the discovery of a number of dead raptors wrapped in bags at at least three separate locations, apparently including at the residences of two estate employees.

Whilst the SSPCA led on the investigation into animal cruelty/animal fighting, Police Scotland led on the investigation into the dead raptors (because the SSPCA don’t, yet, have the powers to investigate cases where a wild animal is already dead – bonkers, I know – see here for the background on this).

I have spent the last two and a half years chasing Police Scotland about these dead raptors and asking for status updates on the investigation. I have to say I’ve been summarily unimpressed. The investigation has been conducted at a snail’s pace and communication has been dire. I understand that the dead raptors all underwent post mortems and it was determined they’d been shot. No information has been provided about the number of species involved (although it’s been reported that some were buzzards), nor the number of individuals confirmed to have been shot, although I know of at least three.

Earlier this week I asked the Crown Office & Procurator Fiscal Service (COPFS) about this case and whether it was progressing (i.e. has anyone been charged?). To its credit, the COPFS response was fast, but the case outcome familiarly frustrating:

The Procurator Fiscal received a report relating to a 28 year old male and incidents said to have occurred between 1 January 2019 and 8 October 2019. After careful consideration of the facts and circumstances of the case, including the available admissible evidence, the Procurator Fiscal decided that there should be no proceedings taken at this time. The Crown reserves the right to proceed in the future should further evidence become available‘.

I doubt we’ll ever be informed about the extent of the raptor persecution uncovered (even now, nearly three years after the raptor corpses were found, Police Scotland has failed to issue any press statement) and we’ll certainly not learn any more detail about why charges weren’t brought because the COPFS is not obliged to inform the public about its decision-making process. Apparently transparency doesn’t apply.

To be fair, a prosecution would depend on an individual suspect being identified but there are multiple employees at Millden Estate (16 were listed in the estate’s sales brochure in 2011) and a recent photo on social media suggests there are multiple gamekeepers (there’s a photo online showing 13 men dressed as gamekeepers in Millden Estate tweed at the start of the 2020 grouse season).

I think it’s fair to say that any employee could have the motivation, means and opportunity to commit wildlife crime – we now know that at least one of them, Rhys Owen Davies, was doing exactly that, apparently right under the noses of his colleagues and bosses on Millden Estate – but just having the motivation, means and opportunity isn’t sufficient evidence for a criminal prosecution. Having a carrier bag full of shot raptors at your house isn’t enough for a court of law to convict, although if there was a bag of dead raptors at my house I’m pretty sure I’d notice them and I’m pretty certain I’d have notified the police.

So where does that leave us? We await the sentencing of gamekeeper Rhys Owen Davies on Monday but I don’t expect any of us have high hopes for a fitting sentence.

Millden Estate must surely now qualify for a General Licence restriction, a monumentally ineffective sanction but the only thing left on the table until the Scottish Government pulls its finger out and introduces the licensing scheme it promised to develop in November 2020.

But even if the authorities do decide to impose a General Licence restriction on Millden Estate, that won’t curtail the estate’s ability to continue to host grouse, pheasant and partridge shoots. The estate, which is run through a series of companies and limited liability partnerships (LLPs), including one called Millden Sporting LLP, reported tangible assets in 2021 of £17.5 million.

That’s a lot of money, and with it comes a lot of influence.

UPDATE 30th August 2022: 3 shot buzzards found on Millden Estate – confirmation from Police Scotland (here)

20 thoughts on “No prosecution for shot raptors found on Millden Estate, Angus Glens”

  1. It is, sure, far more than coincidence when so many offences can be traced back to this estate.
    It should be a case of, if you work there as a gamekeeper, you are as guilty as the next man if he is caught and prosecuted; as should be the estate owner. If they aren’t aware of those goings on then they should be. They can’t be running their estate very well not to know. It happens with gangs when they get caught and are just as involved as any other member outside in the wider world so why not here?
    It is unbelievable reading these stories that these gamekeepers, and that is if they are actually gamekeepers and not just there to add confusion, as to who may be guilty, and keep getting away with what is, without any doubt murder of various precious species of raptor or any other wildlife they don’t XXXXX XXXXX XXXXX XXXXX XXXXX

  2. A disgrace…. but not unexpected. I had dealings with a wildlife policeman in regards to Millden in the early 2000’s who xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx xxxxx and was singularly unimpressed. To say that I was dismayed to hear of him being appointed to xxxxx xxxxxx xxxxxxx xxxxxxx is a vast understatement.
    I’m so very disappointed to see that things appear to have changed very little since that time.
    Yes, it’s high time that the SSPCA do not have the powers to investigate these crimes as those associated with any branch of Government have been unable to address the situation in an effective manner for many, many years — and their recent performance gives little hope for the future.
    I feel so sad for some of the inhabitants of Glen Esk as they will be forever tarred by the activities taking plac — but — we all know the price to be paid should anyone rock the boat.

    1. No. As I have little in common with Mr. Blackett I doubt that I will unless some easy route is found to place it on the Internet free of charge. Perhaps you could relay the essence of it?

        1. Thanks for you help, Adrian, I took your advice and enjoyed the experience. It took me back to the days of The Secret Seven and reminded me in no uncertain terms the type of psychology we are dealing with.

          1. Thanks – I did snort at the irony of the put upon laird writing – ‘Sometimes it feels like being the police chief in a large crime-ridden city, where the biggest mafia bosses are in league with corrupt politicians.’ For crime-ridden city read rural areas and for mafia, read landowners.

  3. I’m sorry that so many of their cats have all died at the same time, that’s lots of pairs of trousers at half mast

  4. “Other evidence of alleged wildlife crime was also uncovered during that search of Millden Estate back in October 2019, including the discovery of a number of dead raptors wrapped in bags at at least three separate locations, apparently including at the residences of two estate employees.”

    “I understand that the dead raptors all underwent post mortems and it was determined they’d been shot.”

    From the Wildlife and Countryside Act 1981…

    All birds, their nests and eggs are
    protected by law and it is an offence,
    with certain exceptions, to:

    d) have in one’s possession or control
    any wild bird (dead or alive), part of
    a wild bird or egg of a wild bird
    which has been taken in
    contravention of the Act, the
    Protection of Birds Act 1954 or the
    law of any EU Member State
    (which implements the EU Birds
    Directive 1979).

    Am I missing something?

    1. NO. But it looks like our legal officers are missing something. SNH must put this cesspit on the naughty step. Every beat should be off the general licence. It should be subjected to repeated random checks. The muirburn should be scrutinised. All public grants should be subject to inspection.
      Now what about “Wildlife Estates” is this really up to standard?

  5. Protected birds that had been shot found at Estate employees (I am assuming keepers in this case) houses = nothing gets done. But if the same police had stopped a car* on the Estate with a couple of 18yr old yobs with a lurcher & a couple of dead rabbits in it…I have a feeling they would have bust a gut to get them to court. Just to show how tough they are!
    I’ve seen all this before in England – why did I kid myself to think it might be any different in Scotland these days?
    It absolutely stinks.

    *usually while closely “partnership working” with keepers under the auspices of a pseudo farmwatch type scheme

  6. It seems the justice system in the UK is rotten to the core. It would appear that the monarchy are part of it with all these hooray Henries going shooting because they think it improves their social status.
    The problem is when people no longer trust the justice system they have to resort to their own.

  7. Just imagine if all shooting estates could be subjected to random inspections. After all, this is standard practice in a whole range of commercial operations. So why are shooting estates exempt, when serious wildlife crime seems widespread across most shooting estates, and there is hard evidence for it? But we all know why it doesn’t happen, and that’s because driven shooting is the hobby of the senior members of the establishment. It would be mighty embarrassing to them.

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