In April 2023, Barry Nicolle, 67, a wildfowl collector from Dumfries & Galloway, pleaded guilty to 14 charges relating to the poisoning of red kites with banned pesticides, which included the placing of poisonous baits out in the countryside (see here and here).
This morning he was sentenced at Dumfries Sheriff Court and was given a monumentally inadequate community service order – to complete 216 hours of unpaid work within 12 months.
The RSPB has issued the following press release:
DUMFRIES-SHIRE MAN GIVEN COMMUNITY PAYBACK ORDER FOR ‘SERIOUS’ BIRD POISONING OFFENCES
A Dumfries and Galloway wildfowl collector was today (19 May 2023) sentenced to 216 hours of community payback at Dumfries Sheriff Court, after being convicted of multiple charges relating to the use of illegal poisons to target protected wildlife.
At a previous hearing, Barry Nicolle (67) plead guilty to 14 charges, including the illegal poisoning of five Red Kites and 10 Rooks, the placing of poison baits out in open countryside and the possession of banned pesticides.
Speaking in court today, the Sherriff said the crimes were serious enough to cross the threshold for prison to be considered, however given that the individual had no previous convictions, in light of his age, and due to sentencing guidelines regarding custodial penalties of less than 12 months, a community order was served.
The case dates back to spring 2019, when several dead Red Kites were found by members of the public in the Springholm area, between Dumfries and Castle Douglas. Toxicology tests by the Science and Advice for Scottish Agriculture government laboratory revealed that all had died after consuming meat laced with poison. More victims were identified over the following months, including a number of Rooks found poisoned in the playground of the local primary school. One kite found killed was lying adjacent to the body of a Mandarin Duck used as a bait and found to have been laced with the same banned pesticide that killed the kite.
Mandarin Ducks are not a native species in Scotland, and the use of this exotic species as a bait drew Police Scotland’s attention to Nicolle who kept a large collection of exotic ducks and geese in an enclosure next to his house. During the execution of a search warrant at his premises in February 2020, police officers found quantities of aldicarb and bendiocarb, both illegal poisons, and both of which had been detected in the victims. Officers also found a Larsen trap being used illegally adjacent to Nicolle’s duck ponds. Nicolle was subsequently arrested and charged.
Ian Thomson, RSPB Scotland’s Head of Investigations, said: “We welcome today’s conviction of a Mr Nicolle for multiple offences linked to the illegal poisoning of Red Kites and Rooks around the village of Springholm. The placing of poison baits out in the open is illegal, dangerous and indiscriminate. It is exceedingly fortunate that Mr Nicolle’s repeated actions did not result in serious injury to a young child.
“The investigation of this case was an excellent example of partnership working. We would particularly like to thank Police Scotland, notably wildlife crime officer PC John Cowan, for their dogged determination to identify the perpetrator of these offences and to see them face justice, and to Procurators Fiscal from the Crown Office’s Wildlife and Environmental Crime Unit, for their diligent work in securing a conviction in such a complex case.”
Red Kites became extinct in Scotland in the 19th century due to persecution, but have been reintroduced in four areas, including Galloway. The reintroduction project here ran from 2001-04. Now, of an established Scottish population of around 450 pairs, Dumfries & Galloway contains about a third of these, making it the most important area of the country for these birds and their future conservation. In addition, the Galloway Red Kite Trail is a significant local tourist route, with over 100,000 visitors coming to the area to see the kites and contributing £8.2 million to the local economy between 2003-2015.
Detective Inspector Dean Little, Senior Investigating Officer at Police Scotland, said: “Wildlife crime can be complex to investigate and difficult to prove in court. In this case local officers on the ground were able to promptly gather evidence and work with a number of partners who utilised specialist forensic methods to build a case against Nicolle.
“Scotland’s wildlife is one of its greatest attractions, which is especially true in our local area. Nicolle’s reckless use of illegal poison was not only selfish and damaging to the birds it killed, but also posed a risk to the environment and members of the public who came across them.
“I would like to thank the numerous partners who assisted in this case and members of the public who provided information and assisted police enquiries. Crimes against nature are not unpunishable and we welcome the sentencing today of Nicolle which shows our continued commitment to investigate wildlife crime and bring perpetrators to court.”
ENDS
Given the extent and seriousness of Nicolle’s crimes, I just can’t believe how lenient the Sheriff has been, although obviously he is constrained by sentencing guidelines.
It’s a complete replication of what happened when gamekeeper Alan Wilson was sentenced for his multiple offences at Longformacus in the Scottish Borders in 2019 (see here). Wilson also avoided jail, also avoided a fine and was just given a community payback order of 225 hours. It’s as though the Sheriffs in these cases are considering the offences as individual offences instead of looking at them as a cumulative pattern, which would easily then pass the custody threshold and exceed the 12 months limit.
Unfortunately, Nicolle committed his crimes prior to the enactment of the new Animals & Wildlife (Penalties, Protections & Powers) (Scotland) Act 2020; legislation that was introduced to increase the penalties available for certain wildlife crimes, including those under Section 1(1)(a) of the Wildlife & Countryside Act – ‘Intentionally, or recklessly, killing, injuring, or taking a wild bird‘.
Although, as we saw in a recent test case of this new legislation (the sentencing of a gamekeeper on Moy Estate for raptor-killing), it won’t necessarily lead to a significant punishment (see here).
I feel incredibly sorry for the multi-agency investigators in the latest case, who have clearly worked hard to bring a successful prosecution against Nicolle. In my opinion this pathetic sentence doesn’t reflect their efforts, doesn’t act as a deterrent for others, and certainly doesn’t reflect the seriousness of Nicolle’s crimes, which he knowingly committed, repeatedly, over a period of months.
Despite his conviction, this is a bad day for wildlife crime fighters.
UPDATE: The Crown Office has published the following statement, which provides a few more details:
MAN SENTENCED FOR POISONING WILD BIRDS
A 67-year-old waterfowl enthusiast has been sentenced for killing multiple birds of prey and other birds.
Barry Nicolle, who runs an exotic wildfowl breeding farm in Dumfries and Galloway, has been given a Community Payback Order and ordered to carry out 216 hours of unpaid work after pleading guilty at Dumfries Sheriff Court to the indiscriminate use of banned poisons, which killed five red kites and ten rooks.
This believed to be the first Scottish conviction in which multiple birds of prey have been killed with poison.
He also pled guilty to possession of several highly toxic pesticides, using a crow trap illegally and an air weapon licensing offence.
Between May 2019 and February 2020 Nicolle laced bait including mandarin duckling and a mallard duck with banned pesticides. He also placed poisoned bread on fence posts around his land which is about 150m (164 yards) from Springholm Primary School.
All of this was done to attract and kill scavengers in a bid to protect his own collection of exotic and ornamental waterfowl from a perceived threat.
Speaking after the sentencing, Fiona Caldwell, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS) said:
“Barry Nicolle’s actions led to the illegal killing of multiple Red Kite’s and Rooks.
“The laying of bait laced with poisons was shockingly irresponsible and Nicolle has shown an utter disregard for the wildlife laws which serve to protect these species.
“I would like to thank Police Scotland, RSPB Scotland, the Scottish SPCA, the SRUC Veterinary Investigation Centre and SASA for their part in investigating and gathering evidence of these repugnant offences.
“The law protects wild birds and those who seek to poison them or possess stocks of illegal poison can be assured that the Procurator Fiscal will continue to prosecute such cases and ensure that offenders face the consequences of their actions.”
The court heard that numerous reports of suspicious deaths of red kites in the Kirkpatrick Durham and Springholm areas were made to Police Scotland, RSPB and the Scottish SPCA Inspectors by members of the public.
Springholm is at the heart of the breeding red kite population’s range in South West Scotland making it a key area of the country for these birds and their future conservation.
Several red kite were found lying motionless on the ground in a distressed state and had to be euthanised. The ten poisoned rooks were found on the grounds of Springholm Primary School.
Subsequent post-mortem examinations by Scotland’s Rural College (SRUC) Veterinary Investigation Centre and toxicology analysis by the Science and Advice for Scottish Agriculture (SASA) Chemistry Branch established a pattern and cause of death linked to a banned Carbofuran based pesticide called Aldicarb.
All the deaths centred around Nicolle’s property and as a result of these enquiries police applied for and were granted a warrant to search Wickerty Snook.
On the morning of 4 February 2020 police wildlife officers, along with an RSPB investigator, a SASA scientist and others executed the warrant.
During the search of Nicolle’s home, the poisons Aldicarb, Bendiocarb and Phostoxin, which contains aluminium phosphide, were found.
Poisoned bait and traps, including an untagged and therefore illegal Larsen trap, were found on his land.
ENDS
Raptor Persecution UK 
What is this nonsense….this vile thing is a danger to society let alone wildlife and needs to be locked away to think about his disgusting habits. I fail to see what his age or the fact he hasn’t been caught committing his vile practices before, has to do with anything. Added to which guidelines are only that and the person handing down the sentence was surely perfectly entitled to use his/her initiative. One assumes he will do his community service and XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX XXXXX. Outrageous !
One can only hope that local people react with disgust and he finds it difficult to carry on with his business, with suppliers unwilling to trade with him.
What exactly was the maximum penalty that he could have been subjected to? The Sheriff should not be allowed to get away with not imposing maximum sentence without a clear explanation of why they imposed the sentence they did. Too often this happens: the judiciary get away with imposing totally inadequate sentences, even with the “guidelines” without having to explain themselves. It is like referees in football matches: appalling decisions that they are apparently not required to explain away.
What a total injustice. This ‘punishment’ does NOT fit the crime.
I know this isn’t the main point but – yet again – there is a firearms (air rifle) offence in there. It seems to me that commit wildlife crimes are also very careless around weapons.
English and Welsh law is inadequate on this, but Scottish law is even worse.
In Scotland, there is NO RIGHT whatsoever for the general public to appeal any unduly lenient sentence (in England and Wales, there is, but not for wildlife crime).
Therefore, we know what to do: write to your MSP and ask for the Scottish Parliament to introduce an Unduly Lenient Sentencing Bill asap. Don’t just moan to these pages.
In England and Wales, any member of the public can simply ask the Attorney General to review any sentence which they, themself, may feel to be unduly lenient. That sentence must then be reviewed. I have done it myself, on one occasion.
That does not mean the sentence will automatically be changed (depending upon how big the uproar is) but it sends a signal: when people are regularly complaining about lenient sentences, the judiciary etc start to get the message – we have fallen out of line with public opinion. That is how a democracy should work.
Once the public become aware of such a facility, they begin to take more notice, and the judiciary become more sensitive.
Anyone can do this in England and Wales, but sentencing for animal abuse and wildlife crime is exempted. Bad. But in Scotland there is NO PROVISION for members of the general public to complain about ANY unduly lenient sentence. Very bad.
Look at this simple guidance on the issue for England and Wales, and ask yourself: shouldn’t this be extended to (a) Scotland and (b) include animal abuse and wildlife crime?
https://www.gov.uk/ask-crown-court-sentence-review
Don’t just get angry, begin to make a difference: write to you MSP.
Great idea.
I live in the UK but be asking my MP for that list of Crown offences to be extended to include animal cruelty offences.
Thank you.
Campaign with words and action!
Thank you. We cannot leave Ruth to do all the work… We have an important part to play in this by regularly bothering our representatives with the (lead-free:-) ammunition provided here.
10 poisoned rooks found in the school grounds!!! Did the school or any of the parents make any statements in Court about the fact that children’s lives were put in danger? Across the UK something just like this incident but ending in a human tragedy is waiting to happen and has been for years. Can you imagine being one of the politicians / lawmakers who didn’t act, fudged it or rejected proposals, and having something like that on your conscience?
Wow Spaghnum, you just used politicians and conscience in the same sentence!
Well spotted, Paul! You’re right to be surprised. Now that I have brought to my mind the name and face of the senior politician who dismissed bringing in the legislation, I am actually quite surprised at myself for crediting him with possessing the facet of good conscience!
As a “ranger” of world and national news, I am sickened by the lack of effective enforcement of laws on savagery against human beings and animals, together with those to prevent further damage to the environment and climate change. Millions throughout the planet share the disgust when criminals are given less stringent sentences for crimes that really require retributive justice. I have been increasingly appalled over the suffering that wildlife has had to experience, with some species facing the oblivion of extinction. In this particular case, Barry Nicolle, has obliviously been acting as a poisoner of Kites and Rooks for some time, and in a seriously premeditated way with his kit of toxins. It is fair to conclude, that this sad man has received tacit support from those who bear malice towards birds of prey, corvids and anything that is “getting in the way” of the driven grouse shooting estates. This is Scotland’s bane, and elsewhere on Earth wildlife and its habitats are fortunate to have rangers/enforcers to protect endangered life forms, and many donations flow out to finance such enforcement. I recently increased my monthly donation to the RSPB for such work, and also to other charities protecting badgers, butterflies, insects, plants and woodlands.
However, the UK requires a resetting of whomsoever really manages law enforcement, as there is obviously a nasty bias in favour of those who are keeping this country in a retard state, as far as the humane management of the natural environment, and possibly in many other areas needing a clean-up.
My thoughts on hearing this sentence awarded by the sheriff is unprintable. What a travesty of justice and I feel for all those involved in bringing this case to court. Hours and hours of effort for what, pitiful sentencing and certainly no deterrent for anyone else involved in such activities.
Bloody disgraceful
I’d like to suggest a campaign towards making imprisonment automatic for posession of banned pesticides, now we have an example of use close to a school. Perhaps the RSPB will consider this?
You might have to wait a long long time, man seems to think all other creatures are inferior?
I live in Castle Douglas and, like several others, approached the RSPB and local police at the time asking how I could help to find the person responsible because of the scale of his evil activities. There are many locals who resent the red kite population, usually for ill-informed reasons, but most of us are uplifted by their constant presence in our skies.
Who’s kidding who?
PS Would the website person please send me a contact email and I will send a copy of my analysis of the true cost of dead birds.
Justice has not been served by this charade and highlights the banana republic approach in the UK to such matters which amounts to a free pass for scumbags like this xxxxx
Pathetic
Wildfowl collector uses Mandarin Duck as poisoned bait. Bizarre. You couldn’t make it up.
Totally DISGUSTING. So much for the Law. One can receive greater punishment for parking on a double yellow line.
That sentence is a joke! More reason he should do prison because there’s no excuse at his age! Plus a big fine!!
My views are of total disgust and disbelief for the extremely lenient sentence handed down to this scumbag. How on earth can someone who has killed repeatedly, possessed and used banned poisons, contravened air rifle regulations and used traps, in effect get away with his hideous crimes? I should have thought he would be banned from keeping animals for life with this history. Nothing was said about that. He is a serial criminal yet walks free from the court and just has a token punishment. The system is as sick as he is.
I wonder if there are other haters-of-kites (or all raptors / any scavenging & predatory birds in general) watching this thinking…”Bloody bargain!!!…Bloke got rid of all that shite* in return for a wee bit of voluntary work”.
* “shite” being a common term of the keepering world describing BoP, don’t know what term collectors of fancy ducks use.
The local press worked for my daughter’s plea. When a poisoned red kite was found in a primary school playground at Moniaive, Scotland over 20 years ago. The Red Kites were being reintroduced about that time. The incident was well publicised at the time but the culprit was never found.
The ill-informed have an unjustified hatred of raptors. Almost 70 years of law breaking has not changed the attitudes because it is so easy to escape justice. When caught they often get away with petty fines or penalties.
The penalty with this case is thoroughly unjustified. As for first time offender? Xxxxx xxxxx xxxxx xxxxx xxxxx
Unbelievable.
Well, no its not.
The same old slap on the wrist, no fine and don’t be naughty again.
This won’t stop anyone. Its no deterrent at all.
I don’t care about his age (I’m the same age), he should have had a custodial sentence
As well as being put in jail, his ducks and geese should be confiscated
WHAT A TRAVESTY OF JUSTICE FOR THE RAPTORS!!!! THIS PERSON AND OTHERS LIKE HIM WHO SYSTEMATICALLY SEEK OUT TO NOT ONLY KILL RAPTORS, BUT BY DOING SO UPSET THE NATURAL BALANCE OF LIFE. AND THE PATHETIC <SENTENCE< HE GOT SHOWS UP THE MINDSET OF THOSE WHO SENTENCED HIM.