A Scottish gamekeeper has pleaded guilty to killing a Goshawk after he battered it to death after it was caught inside a Crow cage trap on a shooting estate in Perthshire.
At Perth Sheriff Court this morning, on what should have been the opening day of a criminal trial, gamekeeper Russell Mason, 49, changed his plea to guilty in relation to the charge that he had killed a Goshawk on Cochrage Moor (Muir), believed to be part of the Milton of Drimmie and Strone estate near Blairgowrie, on 12 February 2024 (see here for background to this case).
The court was shown a six-minute video of Mason killing the Goshawk – the footage had been filmed covertly by the RSPB’s Investigations Team and was crucial to providing the Crown Office with sufficient evidence to prosecute.
Mason also pleaded guilty to various firearms offences but it is believed that charges relating to alleged snaring offences were dropped, probably as part of a plea bargain.
The court heard that Mason has a previous conviction (the details were not discussed) and sentencing was deferred until 24 April 2026 for background reports. The Sheriff mentioned that a ‘restriction of liberty order’ may be considered. This is a direct alternative to a custodial sentence and usually involves electronic monitoring/tagging.
I expect the RSPB will publish its gruesome footage once sentencing is complete.
Congratulations to Police Scotland, RSPB, Scottish SPCA and the Crown Office & Fiscal Service for an exemplary investigation and prosecution. This is what effective partnership-working looks like.
Incidentally, this is the third successful conviction for raptor persecution in as many months where covert video evidence provided by the RSPB has been pivotal to the case.
The other two cases so far this year were:
12 January 2026, Scarborough Magistrates’ Court: gamekeeper Thomas Munday pleaded guilty to battering to death a Buzzard that had been caught inside a Crow cage trap on a Pheasant shoot at Hovingham, North Yorkshire (here)
and
29 January 2026, York Magistrates’ Court: gamekeeper Racster Dingwall pleaded guilty to conspiring to kill a Hen Harrier as it came in to roost on a grouse moor on the Conistone & Grassington Estate in the Yorkshire Dales National Park (here).
Many of you will be aware of the game-shooting industry’s recently ramped-up efforts to try to discredit and smear the reputations of RSPB Investigations Team members; these three convictions shouldn’t leave you in any doubt of the industry’s motivation.
Without the skill and expertise of the RSPB’s ability to capture such covert footage, these criminals would have escaped justice and the game-shooting industry’s claims of respectability and adherence to the law would go unchallenged. It’s as simple as that.
We can expect more news on the repercussions of today’s conviction in due course – i.e. was Mason a member of the Scottish Gamekeepers’ Association? Was he a member of the Tayside & Central Regional Moorland Group? (certainly someone with the same name and affiliation has previously signed an official letter to the Scottish Parliament about snaring regulations). Will NatureScot impose a three-year General Licence restriction on this estate? Is the estate a member of the landowners’ lobby group, Scottish Land & Estates? And will there be a prosecution for alleged vicarious liability?
NB: As legal proceedings have now concluded, comments are open on this case, with the usual caveat that offensive/libellous posts will not be published.
UPDATE 18 March 2026: Convicted Scottish gamekeeper Russell Mason – more disturbing details about this case (here)
UPDATE 23 March 2026: Game-shooting industry’s response to the recent conviction of Perthshire gamekeeper Russell Mason (here)
Raptor Persecution UK 
Sad that it’s taken 2 years to bring this case to trial. It would be a much more effective deterrent to others if these cases could be resolved more quickly, especially with such damaging evidence as video footage available.
It would have called sooner had Mason chosen to plead guilty when he was first charged back in 2024. Perhaps, and I’m speculating here, the legal advice given to him was to plead not guilty and the defence would try and get the case thrown out on a technicality (re: admission of video evidence) as has happened so often before. However, the recent run of successful convictions, based on admissible covert footage, might have changed his lawyer’s mind?
He had better go down for this, and when he does [Ed: rest of comment deleted]
And you have to wonder how many other cases like this that are not filmed, what fine, upstanding citizens these people are
I wonder what the various firearm offences were and whether his previous conviction should have led to him to not be allowed to have a shotgun…. Hopefully he won’t get a slap on the wrist but I’m not holding my breath as I expect he’s another one with an unblemished character and pillar of the community!
Not a surprise, yet another gamekeeper proved to be a criminal. Are there any that aren’t!
Let’s see if this conviction is posted on the SGA website?
How has this happened? Several years ago it was apparent that the advocates had knobbled the Scottish CPS and effectively banned any video evidence which had been produced by anyone who might have wished to use it in court.
This is a brilliant change. Why?
“This is a brilliant change. Why?”
Good question.
“After reviewing the case law not only from Scotland but from England & Wales, Ireland, Canada, Australia, New Zealand and South Africa, the Lord Justice General, delivering the opinion of the court, said it would always be necessary to prove that the recording related to the paticular event. Once that had been established, the evidence became “real evidence”, or “evidence derived from things”. That meant it could be examined by the judge or jury with a view to drawing inferences from what could be observed on examination. It might be advantageous for witnesses who were present to comment on what the images showed, but “None of this detracts from the fundamental position that, once the provenance of the images is proved, they become real evidence in causa which the sheriff or jury can use to establish fact, irrespective of concurring or conflicting testimony. Even if all the witnesses say that the deceased was stabbed in the conservatory, if CCTV images show that he was shot in the library, then so be it.””
https://www.lawscot.org.uk/news-and-events/legal-news/full-bench-restates-law-on-video-evidence/#:~:text=9th%20August%202017%20%7C%20criminal%20law,who%20spoke%20to%20the%20video.
Two months prior to that ruling there was this important blog:
https://raptorpersecutionuk.org/2017/06/15/law-professor-comments-on-inadmissibility-of-video-evidence-in-wildlife-crime-prosecutions/#:~:text=During%20the%20Mutch%20trial%2C%20again,the%20video%20evidence%20was%20admissible.
Well done to all investigators and the PF. mid hope his gun licence is removed as should happen in all these cases
This is Great News, hopefully the tide is beginning to turn ! no Doubt the tip of the iceberg,let’s hope the punishment fits the bill,though I won’t hold my breath on it !! But a Very Well Done from All Concerned.
Genuine question: How was video evidence successfully introduced as opposed to a number of previous failures to get it into court?
Please see my reply to Alex Milne.
Indeed, well-deserved congratulations to Police Scotland, RSPB, Scottish SPCA and the Crown Office & Fiscal Service for an exemplary investigation and prosecution.
Although I am annoyed by the fact that Mr Mason’s, due to plea-bargaining, charges relating to alleged snaring offences were probably dropped. If you are guilty of a crime, you should be punished for it. Not allowed to barter. It’s not as if there wasn’t conclusive evidence of his murdering the poor goshawk in such an abhorrent way
Dreadful criminality, one wonders what the penalty will be given that this sort of offence usually involves Buzzards a none Schedule One bird. One hopes this is taken into consideration as the last time there was such a conviction in Scotland the keeper ( a George Much I Believe) went to jail. I’ve long believed there should be specific rules governing crow cage traps because if set in woodland or woodland edge I strongly suspect that Goshawks not crows are the target, the same with Larsen traps.
Well done to the RSPB investigations team, once again. They lead the way.
If it is now legally acceptable to film these atrocities using covert video techniques and present this as evidence to court where it will be accepted. Why don’t the police and the NWCU do the same. They have the resources. The killing of raptors is a priority for them or so they keep telling us. Action not words so get on with it. The RSPB have shown you how to do it.
It’s not straightforward for the police – they are subject to RIPA (RIPSA in Scotland) regulations around surveillance, whereas RSPB is not because it’s not a public authority. Although Mark Harrison from National Wildlife Crime Unit was making a case for covert surveillance to be used by the police in HH persecution hotspots (if serious/organised crime thresholds met).
Does anyone know what has happened to allow the RSPB evidence to be allowed in Scotland?
Personally I’m delighted. Years of this ridiculous situation may perhaps be ending?
I’m delighted too, when you think back to some of the cases that were dismissed it is more than just ridiculous to me it reeks of corruption and inappropriate influence brought to bear. But I am cautious also about thinking that this is now the way it is going to be each and every time. The two recent “video surveillance” cases in England plus this one are very damaging, and I am sure that the industry big players will be in panic / overdrive leaning on all their levers of influence behind the scenes in government(s) and judiciary(s). When the next case (inevitably) comes up I will still definitely be keeping my fingers crossed!
Brilliant result for a heart breaking crime. Goshawks are amongst the most enigmatic, beautiful and powerful raptors, as well as our rarest. Individuals like Mason rob us, and future generations of our natural heritage. Incidentally, his previous conviction is quite easily found onthe net, and it’s pretty unsavoury to say the least, if unsurprising. What a txxxxr!
It would be nice to think he might get a sentance befitting the crime but my confidence is not high:(
with the apparent acceptance of covert video evidence can we revisit the cases that were previously dropped due to covert video evidence being not allowed
“with the apparent acceptance of covert video evidence can we revisit the cases that were previously dropped due to covert video evidence being not allowed”
I believe the answer to that is: yes, with the usual proviso about the rules of evidence. However, I think it was the Crown Office and Procurator Fiscal Service, itself, which ‘ruled’ that RSPB video evidence was ‘inadmissible’, rather than the courts:
“The Crown Office said video evidence provided by the RSPB in both cases was not admissible to the court because it was filmed for the purposes of gathering evidence.”
https://www.bbc.co.uk/news/uk-scotland-39885614
Following that, the Lord Justice General stepped in to re-establish the legitimacy of ‘verifiable video’ evidence… and – as Ruth has pointed out – the fact that the RSPB is not a public authority and, therefore, has never been subject to the same strict covert surveillance regulations contained in the Regulation of Investigatory Powers (Scotland) Act 2000 as, say, local authorities and the police, meant the COPFS ‘position’ was untenable.
I believe/suspect the COPFS ‘rulings’ were prejudiced (making it up). So, the question now might be whether the COPFS wish to confront those previous decisions (grow a backbone) and revisit those cases?
A truly horrific crime against a beautiful, protected bird of prey. Very shocked to hear that he won’t be prosecuted for the snare offences. Why not? What suffering did those animals endure? Were they also protected species? Thankfully all snares are now banned in Scotland, although I imagine he wouldn’t have been pleased about that.
A very strong signal has to be sent out to deter this kind of disgusting behaviour from ever happening again. Prison is the only place for criminals such as him. He has offended before.
As this case happened in Scotland, the new law in Scotland, Vicarious Liability, must, and will be expected to be used to ensure that the estate owners are also named and prosecuted, as that new law states that they are held responsible for their employees actions.
“As this case happened in Scotland, the new law in Scotland, Vicarious Liability…”
I am not at all sure there is any new such Scottish law. The Wildlife and Natural Environment (Scotland) Act 2011 came into force from January 2012, and introduced the concept of vicarious liability in relation to the ‘mistreatment’ of wild birds.
However, it proved trivial to escape prosecution under that law, and there have been just two successful prosecutions since the inauguration of that Act:-(
As always, reported here: “further entrenches the view that vicarious liability as a measure for tackling ongoing raptor persecution is a resounding failure”
https://raptorpersecutionuk.org/2019/08/30/no-vicarious-liability-prosecution-for-longformacus-estate/
Fast forward, and a Scottish Law firm explain why vicarious liability failed to tackle crimes against birds of prey “Liability can be avoided if the accused can demonstrate that they did not know that the offense was being committed; and took all reasonable steps and exercised all due diligence to prevent the offense being committed.”
They continue by considering the Animals and Wildlife (Penalties Protections and Powers) (Scotland) Act 2020 which included an amendment to the Wildlife and Countryside Act 1981 to impose vicarious liability for the trapping and snaring of animals.
It seems to me that clearly does not tackle poisoning or shooting or the fundamental previous weakness whereby the employer has to be shown to know the illegal act was to be performed and that the employer negligently approved of it.
“On this occasion, the ability to extend vicarious liability further was hampered by the fact that the 2020 Act was not the appropriate piece of legislation, but there may be a future Act which is specifically directed at extending vicarious liability.”
See https://brodies.com/insights/rural-business-and-natural-capital/vicarious-liability-for-wildlife-crime-an-increased-appetite-for-prosecution/#:~:text=However%20recent%20developments%20indicate%20that,offence%20under%20the%202011%20Act.
Absolutely agree with you there. As someone who is often in the area I hope they will be admonished in the form of a fine and I think a nice touch for the locals ( and even people in general) would be a statement from Strone recognising the upset and anger that has arisen along with a guarantee that anyone of his ilk, an animal abuser, will never have a position in their employment again. It has been pointed out to me , more than once, that in the two years that this man has been out of action, awaiting trial, there has been a notable increase in wildlife diversity – much appreciated by locals.
So relieved to hear from someone with some knowledge of the area, that the wildlife near Strone Estate in Bridge of Cally has had time to recover since this criminal has been forced to cease his appalling behaviour. There must have been quite a killing spree beforehand, for such a great recovery.
If the law is used as it should be, (Vicarious Liability) [Ed: rest of sentence deleted as libellous. Please refer to my response to GlenRover]
An apology from Strone Estate to local residents in Bridge of Cally, sounds like a very reasonable idea, given the particularly grotesque nature of his crime. To live there, and know that something so horrific happened near where you live, must be very hard to bear.
Knowing this area and also knowing how angry and upset some of the locals are about this man’s abuses ( not all of which have been reported) ) it is disappointing that he has not had to answer for the disgusting snaring. However, I’m sure most are very glad to hear he was found guilty of at least one serious wild animal abuse. We can only hope that the punishment will not be as light as it sounds and I am in full agreement with previous comments that [Ed: rest of comment deleted as libellous]
Hi Glenrover,
It remains to be seen whether the estate held any liability for the criminal activities of gamekeeper Russell Mason. It’s not clear to me whether Mason was employed by a sporting tenant/agent or directly by the estate.
Whoever was his supervisor/employer, separate proceedings would be needed for a court to establish whether vicarious liability could be held under the Wildlife & Natural Environment (Scotland) Act 2011, which introduced vicarious liability on landowners/sporting agents for wildlife crime committed by employees on their land. The Act provides a statutory defence for the employer if they can show that they didn’t know the offence(s) was being committed AND that they’d taken all reasonable steps AND exercised all due diligence to prevent the offence(s) from being committed (see here).
In my view, it’s relatively easy for a landowner/sporting agent to swerve an allegation of alleged vicarious liability (just produce a written record of training/compliance checks) which is probably why there has only been two successful convictions for VL, both coming in the early days of the new legislation before the shooting industry got its act together to sure up its defence mechanisms.
But let’s see if the Crown Office pursues an allegation of alleged vicarious liability in this case. I wouldn’t hold your breath though, especially given the decision not to pursue VL even in this earlier, appalling case.