Following on from this morning’s blog about the start of a two-day trial at Aberdeen Sheriff Court today for two gamekeepers accused of alleged offences relating to the illegal killing of Red Kites in the Cairngorms National Park earlier this year (here), it barely got going before being adjourned until next year.
The Sheriff made a declaration of being a monthly subscriber to the RSPB, which resulted in the two defence KCs (King’s Counsel) lodging a motion that the Sheriff should consider recusing himself because the ‘public might perceive some bias’.
After giving the motion some consideration, the Sheriff agreed to stand down because this case involves RSPB staff members as witnesses for the prosecution.
Unfortunately, no other Sheriff was available immediately to hear the case, so it has been adjourned.
We’ve seen this before, in the trial against another Aberdeenshire gamekeeper back in 2012, where the presiding Sheriff was a member of the RSPB and the defence counsel suggested she should stand down, which she did (see here).
It’s frustrating, and a colossally inefficient use of public money, (and presumably adds extra cost for the defence – KCs don’t come cheap) but inefficiency seems to be a hallmark of the judiciary and it is what it is.
The important issue is that the case is decided on the strength of the evidence, not the perceived bias of a presiding Sheriff.
The case will return to the court in April 2026, this time listed as a four-day trial.
NB: Comments are turned off as legal proceedings are still live.
Raptor Persecution UK 