Pathetic sentence for Scottish gamekeeper convicted for badger & fox baiting crimes

A young gamekeeper from Aberdeenshire has been convicted of sadistic animal cruelty offences after he posted footage on social media of himself encouraging his dogs to fight with badgers and foxes, according to the Press and Journal.

The P&J article is behind a paywall but it describes proceedings from Aberdeen Sheriff Court on 6th December 2023 where 23-year old gamekeeper Ryan Martin of Balmanno Cottages, Marykirk pleaded guilty to causing dogs to fight with badgers and foxes on various occasions.

He was caught after a tip off to the Scottish SPCA, who raided his house in February 2022 with Police Scotland. Three of his dogs were found with fresh wounds and historical injuries and were immediately confiscated and taken for treatment. They have since been signed over to the SSPCA and rehomed.

Martin’s phone was seized during the raid and a digital forensic examination uncovered the disturbing videos that he’d posted to TikTok and Snapchat. He’d prefaced one of the videos with,

Hold on to your fucking hats. What you’re about to see isn’t 100% legal“,

so there can be no doubt that he knew what he was doing was illegal, even though he had initially denied causing the dogs to fight with other animals when he spoke with a social worker for a background report.

Martin’s defence lawyer Gregor Kelly, told the court what Martin had said to the social worker:

He’s been out at night shooting foxes as he thinks he’s entitled to do with his dogs. At the time, when foxes have been shot, he encourages the dogs to go and retrieve, as they’re trained to do, and dispatch the foxes. On one occasion, they encountered a badger“.

According to the P&J’s court reporter, ‘Mr Kelly also told the court that Martin, who is employed as a gamekeeper, saw foxes and badgers as “vermin“, but said, “He accepts these are views not acceptable in modern Scotland“‘.

He told the court that ‘Martin intends to work as a joiner to support his partner and children in the future’.

Sheriff Ian Wallace told Martin: “I don’t accept the explanation you gave to the social worker. It’s clear from the narrative you were causing, intentionally, these animals to fight and that caused injuries and/or death to not just the foxes and badgers but to your own dogs“.

And yet despite the clear evidence and the eventual guilty pleas, Martin was only ordered to carry out 175 hours of unpaid work and was banned from keeping or working with dogs for five years.

Eh? What happened to the ‘tougher penalties‘ for animal and wildlife crime that was enacted in Scotland in December 2020 (the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020), which increased the maximum penalty for the most serious animal welfare and wildlife crimes (which includes animal fighting offences) to five years imprisonment and unlimited fines?

Even under the old legislation, Martin’s sentence would be seen as being light touch. For example, compare his sentence to that of Millden Estate gamekeeper Rhys Owen Davies who was convicted for badger and fox baiting offences he committed in Scotland 2018 and 2019 – Davies was given an eight month custodial sentence and banned from owning or keeping animals for 15 years (see here).

Once again we see an inconsistent sentencing approach and, in Martin’s case, an ineffectual punishment that simply won’t provide a deterrent for other depraved individuals who think animal abuse is acceptable.

Kudos to the Scottish SPCA whose investigation brought Martin to court – yet another clear demonstration that SSPCA officers are equipped and capable of dealing with serious wildlife crime. The sooner they get an extension of those powers (through the Wildlife Management & Muirburn Bill) to deal with a wider suite of wildlife crimes, the better.

19 thoughts on “Pathetic sentence for Scottish gamekeeper convicted for badger & fox baiting crimes”

  1. P A T H E T I C Not just the wee sentence but the whole legal system. What would the sentence have been if the Sheriff had believed his paltry excuse?? A job at a dog pound and an award of compensation for dragging him to court. I wonder if the Sheriff has even heard let alone read the Wildlife & Countryside Act???
    With “sentences” like this the SSPCA, RSPB, Police Scotland etc must think they are pissing against the wind.

  2. I agree totally with the last 2 comments. He intendeds to work as a joiner FFS would you let this person anywhere near your home pets relatives aaaaagh. I just want to scream he should be in jail doing his joinery.

  3. This is in my neck of the woods and I’d like to say that I was surprised but I would be lying. What I can say however, is that most of the people who I know would frown on these activities other than a small cabal most all of whom network within the shooting industry and use alcohol liberally. The problem seems to be not the large majority of the residents here but rather how the laws are enforced and the general understanding that there will be retribution should you “cause trouble”, which is a strange way to describe helping to enforce the law.
    Like in some urban areas 95 per cent of the crime can said to be traced to 5 per cent of the population .. and yes, gamekeepers tend to be at the center of it all as the conviction of Rhys Davies, the gamekeeper c.onvicted for badger baiting and dog cruelty offences in Glenesk underpins. This is not a crime that exists in isolation due to the nature of the type of masculinity on show in these areas where status is up for grabs. Language always tends to reveal the mindset, as was noted.

  4. Pathetic really pathetic , cant believe he posted on TikTok , my young grandchildren may have watched !!

  5. I am appalled but not surprised at the light sentence, but that is even lighter than one would expect. Animal cruelty like this is totally beyond the pale and as such should be dealt with far more severely. I noted the unsubtle reference to a wife and children surely a deliberate and it seems successful attempt to get a light sentence. Me I’d have banged him up and a lifetime ban on keeping any animals. One day perhaps but I’ll not be holding my breath those in our legal systems in the UK, because England is as bad, will realise that these folk need discouraging by serious sentences rather than the inadequate wrist slaps currently in vogue.

    1. There are a lot of comments stating the police are not supporting sspca, the truth is they are trying to do as much as they can, but the law, and legal system restrict their ability to do much, with sheriffs like this one not prepared to do their job the whole system will crumble, the police have their hands tied by the legal system, and laws in place to protect the criminals..

      1. “There are a lot of comments stating the police are not supporting sspca, the truth is they are trying to do as much as they can”

        Really? At the Rural Affairs and Islands committee hearing the Police Scotland representative opposed the extension of investigatory powers – concerning wildlife crimes – to the SSPCA.

        “Police Scotland has maintained a consistent approach to the issue… We believe that we should remain the lead enforcement agency on wildlife crime.”

        “We have discussed impartiality in relation to an animal welfare charity having increased powers. The SSPCA has publicly opposed snaring, for example, which is a legal practice if done properly and appropriately”

        See https://www.parlamaid-alba.scot/chamber-and-committees/official-report/search-what-was-said-in-parliament/meeting-of-parliament-21-06-2023?meeting=15388&iob=131278

  6. It’s good that the Sheriff, Ian Wallace, told Martin: “I don’t accept the explanation”, but then to hand out an amazingly paltry, not even a slap-on-the-wrist, punishment is truly pathetic.
    The hard work and the hours put in by the various agencies to get these individuals to court, they must be truly frustrated hearing the sentences handed out.
    Something needs doing by government, I won’t be holding my breath, that will give clear and consistent direction to the judiciary across the UK what punishments these types of crime actually deserve. This would then, possibly, help deter further perpetrators from doing similar.
    Not what the judiciary think will seem okay.
    He is deserving of a custodial sentence and heavy fine and never allowed to own or have an animal in or on his property ever again, or be anywhere near one for that matter

  7. In the kennels of most young keepers houses in the eighties, hardly any would have had lurchers and coursing dogs among the usual gundogs and terriers. The older headkeepers (often the tie-wearing generation that started as underkeepers after they came back from the war) would not have let it happen. Not on animal cruelty / moral grounds of course – but more on what it said about the young man being of the “right sort” or not. The keeper world and the lamping & lurcher world were socially separate but started merging in the nineties and accelerated in earnest during the noughties when there was a high demand / supply shortage of young gung-ho fanatic “vermin killers”. Anyone who could do a good job with the essential keepering work, could get a job and build a reputation and the old fashioned thinking became irrelevant. These days I bet the majority of young keepers kennels have some coursing dogs / bull lurchers in them – with the Estates generally paying for their upkeep/ dog meal, etc. The “right sort” means something different these days, to most Estates anyway.

  8. Yet another typical soft penalty for the perpetrator of wildlife crime. It’s the norm.

    Yet another gamekeeper convicted criminal. It’s the norm.

  9. Why am I not shocked by this disgraceful slap on the wrist.
    Suspended sentences, and unpaid work is no different than an old fashioned slap on the wrist, the difference is, with youngsters of today, they just don’t care, have no morals, or self respect, and with the greed from landowners, and estate managers, there is not the same level of decency from the top, the gamekeepers, killers, are expected to do as they are told, and to earn brownie points they accidentally on purpose kill badgers, foxes, and anything else that could possibly take a game bird, all so they can get the highest amount on the day , its all about money.
    Do we know if the sheriff is part of the shooting industry?, could that be the reason for not giving out an appropriate sentence?, perhaps we need to background check sheriffs, lawyers, mps, it should be impossible for anyone working in, or associated with the industry to be able to hold the title of sheriff, mp, lawyer, or any other legal job role, especially as this would be a conflict of interests.
    As for chappy, no mention of gun licence, only 5 year ban on keeping dogs, and I have absolutely no idea what was intended with such a shameful sentence of just a few hours unpaid work, that sentence would not have been worth the cost to bring him to court in the first place, I would hang my head in shame If I had passed that ridiculous sentence.
    I don’t imagine for one minute he will actually stop killing wildlife, especially as there will be sick people out there who actually watched the crap he was posting.
    it is modern society, all this instant sharing ability, there are absolutely thousands of people now posting videos of absolutely mind numbing garbage, and they have thousands of mindless cretins watching it, without saying oi, stop that at once, or words to that effect, instead, they see it as their own personal entertainment service, like its some kind of game, and not real, well wake up it is bloody real, and we are loosing or wildlife to these morons.
    All crimes against wildlife should have a compulsory minimum sentence of 5 years prison, no parole, no letting out early for good behaviour, good behaviour is what is expected, not something to be awarded, and then a fine dictated by financial standing, obviously a wealthy person will not miss £5000, but a poor person will, so make the fine actually scare the criminals, for a first offence minimum sentence, second offence this indicates they need longer to contemplate their actions, so double it.
    I also believe that estate owners ,and management should also be punished, without the pressure from the top the game keppers would not need to keep killing illegally.
    I do believe that all hunting should stop, permanently, they ha e shown time and time again they are not capable of self regulation, and have absolutely no interest in the law, or wildlife crimes, it has become a blur, they do whatever they see fit to do, regardless of legality, or morals, it’s all about the money, and chasing the profits, no thoughts for the animals, or birds which become just a number, the next in line to be shot, poisoned, or snared, despicable people.

  10. Here is another(*) example exposing the failure in Scottish Law to have an Unduly Lenient Sentences Scheme, as exists in England and Wales, whereby any member of the public can ask the authorities to reconsider a sentence by simply complaining.

    https://www.cps.gov.uk/legal-guidance/unduly-lenient-sentences#:~:text=The%20Unduly%20Lenient%20Sentence%20(ULS,the%20sentence%20is%20too%20lenient.

    https://www.gov.uk/ask-crown-court-sentence-review

    It is a very good method of keeping sentencing in line with public opinion. In England and Wales the Scheme is restricted to certain crimes – not wildlife crimes – but that need not be so in Scotland (nor, indeed, for England and Wales, if enough of us complain sufficiently)

    But Scots first need a similar Scheme, in order to democratise sentencing.

    (*) The notorious McKellar twins, over the death of a charity cyclist.

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