Man found not guilty of criminal damage relating to dumping of 50 dead Hares at Broughton Community Shop, but guilty of possession of dead Kestrel and Barn Owl

A man has been found not guilty of criminal damage in relation to the dumping of 50 dead Hares outside Broughton Community Shop in Hampshire, but has been found guilty of being in possession of two dead birds of prey, a Kestrel and a Barn Owl, that were found rammed up against the shop’s door handles.

James ‘Jimmy’ Kempster, 39, of Bury Brickfield Park in Totton, Southampton, had been accused of being one of three masked men involved with the shocking incident that was caught on CCTV in the early hours of 15th March 2024.

The prosecution argued that DNA found on the dead birds was matched to Kempster and that he was also linked to the incident through his mobile phone location, his clothing and connections to the vehicle, which was found burnt out in a country lane.

However, after a two-day trial that concluded at Southampton Magistrates’ Court yesterday, the magistrates decided that there was insufficient evidence to show that Kempster was involved, or even at the scene, so declared him not guilty of criminal damage to the shop windows.

They did, however, accept the DNA evidence and determined that Kempster had been in possession of the dead raptors at some point, but that didn’t necessarily mean he was the individual seen on the footage ramming the birds’ corpses up against the shop’s door handles. He was found guilty of possession of a dead schedule 1 wild bird, and possession of a dead non-schedule 1 wild bird under the Wildlife and Countryside Act 1981.

Sentencing was adjourned for background reports and Kempster was released on bail, to return to the same court on 23 June 2026.

Kempster has 13 previous convictions, including several relating to Hare coursing offences (e.g. see here in Wiltshire) and a conviction for possession of an offensive weapon (catapult) when he was involved in a mass brawl between feuding families at Wickham Horse Fair in Hampshire (see here).

Previous blogs on this case see here, here, here, here, here, here and here.

Media coverage:

The Guardian (includes the disturbing CCTV footage from Broughton Community Shop) here

BBC News here

Salisbury Journal here

Press release from Hampshire Constabulary here