Defence solicitor in prosecution against gamekeeper Stuart Hart wants to challenge admissibility of RSPB video evidence

The first hearing in the case against gamekeeper Stuart Hart was heard at Wrexham Magistrates, North Wales last Thursday (28 March 2024).

Hart, 47, faces two charges – Using a trap to kill or take a wild bird (in this case, a Goshawk) and possession of an article capable of being used to commit a summary offence (see here for earlier blog).

Hart’s defence solicitor, Michael Kenyon, told the court there were procedural errors in the way the case had been brought, and in addition he wanted to challenge the admissibility of the RSPB’s video evidence, so the case was adjourned to be heard by a District Judge. (A District Judge is legally-qualified, usually a former solicitor or barrister, whereas magistrates are non-legally-qualified volunteers who depend on a qualified legal advisor in the court to direct them on the relevant law).

Hart has not yet entered a plea.

Michael Kenyon will be a familiar name to those who follow raptor persecution prosecutions. He represented gamekeeper Timothy Cowin in 2018 who was accused of shooting dead two short-eared owls on Whernside, Cumbria after being caught on camera by RSPB Investigations staff. Kenyon challenged the procedural basis of that case (e.g. see here), resulting in an extraordinary series of hearings at five different courts across NW England (here). Eventually Cowin was convicted (here).

Hart’s case will next be heard on 30 April 2024.

NB: Comments are turned off for legal reasons until criminal proceedings have concluded.

UPDATE 30 April 2024: Case discontinued against Ruabon Moor gamekeeper Stuart Hart (here)

UPDATE 26 November 2024: Ruabon Moor gamekeeper prosecution – why the case was discontinued (here)