Author: RaptorPersecutionUK

Game shoot licensing petition: Environment Committee to decide next steps

The Scottish Parliament’s Environment Committee will meet next Tuesday to discuss how they wish to proceed with the Scottish Raptor Study Group’s petition calling for state-regulated licensing of game bird shooting.

As you’ll recall, the Committee took evidence from a range of stakeholders last month (see here for our commentary) so now they have to decide what should happen next. The ECCLR Committee clerks have outlined three possible options. Here’s option 1:

Given what’s happened since the Committee discussed this petition last month, i.e. Crown Office inexplicably abandoning three long-running prosecutions – alleged vicarious liability at Newlands Estate; alleged hen harrier shooting at Cabrach Estate; alleged pole-trapping offences at Brewlands Estate, and the witnessed shooting of a hen harrier at Leadhills Estate, the Committee will be hard pressed to justify taking option 1, because it is very clear that the current legislation and regulation is NOT working effectively.

Here are options 2 and 3:

As before, the session will be available to watch live on Scottish Parliament TV (we’ll add a link on Tuesday morning) and the video archive and official transcript will be posted here shortly afterwards.

Dear Cabinet Secretary

Dear Cabinet Secretary,

For many years now, the Scottish Government has acknowledged that illegal raptor persecution is an issue that not only affects the distribution and abundance of several internationally protected raptor species, but that it also casts a long shadow over the environmental credentials of a country that attracts millions of visitors every year who come to see its wildlife.

We acknowledge that in recent years the Scottish Government has taken steps to combat illegal raptor persecution, including taking leadership of the Partnership for Action against Wildlife Crime, instigating two poisons amnesties, the introduction of vicarious liability, the introduction of General Licence restrictions, the publication of annual wildlife crime reports, the commissioning of a review of wildlife crime penalties and an acceptance of the review’s findings, and the commissioning of a review on raptor satellite tag data (which is yet to be published).

We applaud the intention behind these measures, which have been in sharp contrast to the outright denial by the Westminster Government that there’s even a problem, let alone how to address it. Nevertheless, despite these actions, nothing has changed. Absolutely nothing.

Raptor persecution continues, disproportionately taking place on land that is managed for game bird shooting and particularly on driven grouse moors, and as a result certain raptor populations are in a continuing spiral of decline in these areas. Prosecution for these offences is virtually impossible, and even when sufficient evidence is gathered, it is ruled ‘inadmissible’ or ‘not in the public interest’ to proceed.

This morning’s news that an armed, masked man was seen, in broad daylight, blatantly shooting and killing a hen harrier on a grouse moor near Leadhills, is the final straw. Leadhills is the perfect microcosm of what is a country-wide problem. This latest incident is just one of at least 48 reported crimes in this area alone since 2003, and only two of those crimes resulted in a conviction; the vast majority did not even reach the prosecution stage.

What we are witnessing is a theatre of the absurd. We all know what’s going on, where it’s going on, and why it continues to go on.

Over the last five years, several Scottish Government Environment Ministers have promised further action if current measures proved to be ineffective. Here are some examples:

October 2012: Environment Minister Paul Wheelhouse, in response to the news of a golden eagle that had been trapped on a grouse moor in the Angus Glens and then moved, overnight, and dumped in a lay by with horrific injuries and left to die:

“The unlawful killing of any raptors has no place in today’s Scotland and we will continue to work hard to eradicate this criminal activity. We believe that the partnership approach with the Partnership for Action Against Wildlife Crime (PAW) Scotland, is bringing the reduction in bird of prey poisoning that can be seen in the statistics in recent years. However we are not complacent and if there is evidence of a switch to other methods of persecution we will take action to bear down on those methods”.

November 2012: Environment Minister Paul Wheelhouse, in response to the news that a hen harrier had been found shot on an Aberdeenshire grouse moor:

“We will not tolerate the illegal persecution of protected species such as the hen harrier and, as I have said recently in relation to another shooting [the golden eagle that was found shot and critically wounded on a grouse moor in South Lanarkshire], I am prepared to look at further measures to strengthen and assist enforcement if we continue to see this flouting of the law in respect of protected species“.

March 2013: Environment Minister Paul Wheelhouse, in response to the poisoning of a buzzard on a pheasant-shooting estate in SW Scotland:

“And it does sicken me that unfortunately, once again, a bird has died as a result of Carbofuran poisoning, but I very much hope to see a positive outcome in that particular case. If we do continue to see a downward trend with the poisoning maps, but there is evidence perhaps of other types of persecution taking its place, as I’ve already said on the record, I will have no hesitation nor indeed very little option but to consider what other measures might be necessary”.

February 2014: Environment Minister Paul Wheelhouse, in a Channel 4 interview, when asked why he won’t just fully regulate the game shooting industry like other countries:

“We want to avoid putting in place something that might be seen as a draconian response, or too restrictive a response. We’re not saying we wouldn’t do this, eventually…”

April 2014: Environment Minister Paul Wheelhouse, on twitter, in response to our accusations that the Scottish Government was too interested in the independence referendum to bother with raptor persecution:

“It [raptor persecution] stains our reputation and I promise you this is not being ignored by me or Scottish Government”

and

“We’re being robust and if new measures don’t improve, will go further”

May 2014: Environment Minister Paul Wheelhouse in a Parliamentary debate on raptor persecution:

“If and when we judge it necessary, I am committed to taking further action. If that involves licensing certain types of businesses, then we will do so“.

May 2014: Environment Minister Paul Wheelhouse in response to Parliamentary questions about raptor persecution:

“The Scottish Government announced a package of measures in July 2013. These were a review of the penalties for wildlife crime, a restriction on the use of general licences and encouragement for the police to use the full range of investigative techniques at their disposal to deal with wildlife crime. We also introduced the vicarious liability provisions in the Wildlife and Natural Environment Act in 2012. The Scottish Government remains of the view that the measures have the capacity to help prevent, deter and detect wildlife crime. However, the measures must be given time to be fully implemented and for them to have an effect.

Nevertheless, we have been clear that if it becomes apparent that further measures are required we will take whatever action we consider necessary, including examining whether stronger management and regulation of game bird shooting is appropriate“.

October 2014: Environment Minister Paul Wheelhouse in response to a letter from the Cairngorms National Park Authority asking for help to address raptor persecution:

“I have been clear that we will be prepared to go further if it is necessary, including looking at the licensing of certain types of shooting businesses“.

November 2014: Environment Minister Paul Wheelhouse speaking at the SNP conference:

“Listen to the will of the Scottish people and understand that we will not tolerate these crimes any longer. The sand is running out of the hour glass and they [the raptor-killing criminals] really do have to start listening to the messages we’re giving them very strongly. Enough is enough. Obey the law, respect the will of the Scottish people and protect our wildlife.

We must recognise that not all estates are engaged in this activity, there are, unfortunately, several rotten apples in the barrel who are spoiling this for everyone. I hope people do listen to the messages today, we really don’t want to have to go down the route of licensing game-shooting but we have indicated, in Parliament and elsewhere, that if we are forced to do so, that is the direction we will travel. I hope offenders heed the warning, stop spoiling what is a strong industry in the rural economy for Scotland, and make no mistake, as I say, we will not hesitate to act if they do not listen to what we are saying“.

April 2015: Environment Minister Dr Aileen McLeod in an article she wrote for Holyrood magazine:

“I want to make it abundantly clear that the illegal poisoning of wildlife cannot – and will not – be tolerated in a modern Scotland“.

August 2015: Environment Minister Dr Aileen McLeod speaking about the possible reintroduction of golden eagles to southern Scotland:

“The persecution of raptors will not be tolerated under any circumstances“.

August 2015: Environment Minister Dr Aileen McLeod following the news of a shot buzzard near a grouse moor in the Borders:

“The Scottish Government has already put in place new and strengthened measures to crack down on wildlife crime, including vicarious liability prosecutions and general licence restrictions, for example. But let me be absolutely clear – I will consider taking further action if necessary and the licencing of shooting businesses in Scotland remains an option.”

August 2016: Environment Cabinet Secretary Roseanna Cunningham responding to the news that eight satellite-tagged golden eagles have ‘disappeared’ on grouse moors in the Monadhliaths in the last five years:

“The public rightly expects all businesses in Scotland to obey the law. Let me be clear: grouse shooting is no exception. As previously stated, the Scottish Government is prepared to introduce further regulation of shooting businesses if necessary. It will be unfortunate if the activities of a few bring further regulation on the whole sector, but that is the risk those why defy the law and defy public opinion are running“.

August 2016: Environment Cabinet Secretary Roseanna Cunningham responding to the news that satellite-tagged hen harrier ‘Elwood’ had ‘disppeared’ on a grouse moor in the Monadhliaths:

“The news that a juvenile hen harrier has disappeared in the Monadhliaths, complete with its satellite tag, only weeks after it fledged, strengthens my determination to get to the truth about how, where and why raptors with functioning satellite tags seem to be regularly disappearing. I have asked for a review of all the evidence and I intend to ensure that data from hen harriers and red kites, as well as data from golden eagles will be considered as part of this. We are continuing to collect evidence in relation to raptors in Scotland, which will be a significant factor in deciding the next steps for tackling wildlife crime.”

September 2016: Environment Cabinet Secretary Roseanna Cunningham responding to the news that satellite-tagged hen harrier ‘Brian’ had ‘disappeared’ in the Cairngorms National Park:

“I take this issue very seriously and it shows the need to establish whether the disappearance of these birds is indicative of criminal activity. 

It is clearly suspicious, but we must ensure that a robust statistical analysis of all the data from over 200 tagged birds supports any conclusion. 

I will consider what action to take in the light of the full evidence, and I am not ruling out any options.”

February 2017: Environment Cabinet Secretary Roseanna Cunningham addressing the Scottish Raptor Study Group conference:

“The illegal killing of our raptors does remain a national disgrace. I run out of words to describe my contempt for the archaic attitudes still at play in some parts of Scotland. We all have to abide by the law, and we do so, most of us, all throughout our lives. All I’m asking is that everybody does the same. Sporting businesses are NO different, and the people who breach the law deserve all the opprobrium and punishment we can mete out. I have no truck with the argument that raptors damage driven grouse shooting interests. Such damage, frankly, is a business risk you have to live with and manage, but within the law. And that is what must be reiterated again, and again, and again“.

With the imminent publication of the raptor satellite tag review, and the results of the national hen harrier survey, we can predict that you will shortly be faced with yet even more evidence of the continued impact of raptor persecution on the populations of several raptor species.

The SNP has had the support of the conservation community, and the wider general public, for ten years, and the steps taken against raptor persecution in the last few years have been seen as positive in comparison with the non-action of the Westminster government. But that’s not enough. Nowhere near enough. Even you must now acknowledge that these measures have led to no tangible changes in the behaviour of the game bird shooting industry.

As you can see from the above quotes, many fine words have been spoken over the last five years by successive Environment ministers. Hundreds, if not thousands of members of the public, in Scotland and beyond, have listened and waited patiently, but our patience has now run out.

The SNP needs to take meaningful, tangible action NOW.

No more procrastination.

No more second, third, fourth, tenth, hundreth, thousandth chance.

NO MORE.

We are relying on you, and the SNP, to keep your promises.

Your sincerely,

Raptor Persecution UK bloggers

______________________

We’d encourage blog readers to send a copy of this open letter to the Cabinet Secretary, or even better, send your own message. Please send emails marked for the attention of Roseanna Cunningham to: scottish.ministers@gov.scot

More on the shot hen harrier near Leadhills

RSPB Scotland has issued a press statement following this morning’s news that a hen harrier was shot near Leadhills on 4 May 2017:

Following the issuing of a press statement by Police Scotland, RSPB Scotland has today added its voice to the appeal for information following the shooting of a protected hen harrier on a grouse moor near the village of Leadhills in South Lanarkshire. The incident happened at 5.15pm on 4th May, when the female bird was killed. An individual, armed with a shotgun and with his face covered, was observed at the scene, but left hurriedly, on a quad bike before the police were able to attend.

RSPB Scotland’s Head of Investigations, Ian Thomson said: “This latest incident shows very clearly how protected birds of prey continue to be treated in some areas of our uplands, particularly where there is intensive grouse moor management. The hen harrier is an increasingly rare bird in southern and eastern Scotland, with illegal killing the main driver of this long term decline. This incident occurred only a few miles from where a satellite-tagged harrier, known as “Annie”, was found shot a couple of years ago, and is close to where another tagged bird, “Chance” disappeared mysteriously last spring. We ask that, if anyone has information about this latest incident at Leadhills, they contact Police Scotland on 101.”

Ian Thomson continued “The recent decision by the Crown Office to discontinue a court case where there was clear video evidence of the alleged shooting of another hen harrier, has clearly sent out a message to those that wish to kill our protected birds of prey, that they can continue to do so with impunity, knowing that even if their alleged crimes are caught on film, they are unlikely to be called to account. We need this last matter to be addressed by the public authorities as a matter of urgency. ”

END

So, it has now been confirmed that the hen harrier was shot ‘on a grouse moor near the village of Leadhills’ by an armed, masked man who escaped on a quad bike. According to Police Scotland, the shooting took place ‘near to the B7040 Elvanfoot to Leadhills road’. We thought we’d take a closer look:

According to information from Andy Wightman’s brilliant Who Owns Scotland website, the B7040 runs from Elvanfoot right across the Leadhills (Hopetoun) Estate (estate shown in block red):

Was this hen harrier shot on the Leadhills Estate?

Regular blog readers will be very familiar with the Leadhills Estate and neighbouring Buccleuch Estate (Leadhills Estate gamekeepers have previously undertaken ‘pest’ control on parts of Buccleuch Estate) in south Scotland. For new readers, here’s a map showing the location (Leadhills Estate in block red, dotted line denotes Buccleuch Estate boundary, info from Who Owns Scotland). Look how close this is to the Moffat hills, where the Scottish Government plans to translocate golden eagles next year.

Here’s a list of 48 reported raptor persecution crimes from this area over the last 14 years. Only two resulted in successful convictions (2004 – Leadhills Estate gamekeeper convicted of shooting a short-eared owl; 2009 – Leadhills Estate gamekeeper convicted of placing out a poisoned rabbit bait).

Here’s the list, all from Leadhills unless otherwise stated:

2003 April: hen harrier shot [prosecution failed – inadmissible evidence]

2003 April: hen harrier eggs destroyed [prosecution failed – inadmissible evidence]

2004 May: buzzard shot [no prosecution]

2004 May: short-eared owl shot [gamekeeper convicted]

2004 June: buzzard poisoned (Carbofuran) [no prosecution]

2004 June: 4 x poisoned rabbit baits (Carbofuran) [no prosecution]

2004 June: crow poisoned (Carbofuran) [no prosecution]

2004 July: poisoned rabbit bait (Carbofuran) [no prosecution]

2004 July: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 February: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 April: poisoned buzzard (Carbofuran) [no prosecution]

2005 June: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 June: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 February: poisoned buzzard (Carbofuran) [no prosecution]

2006 March: poisoned buzzard (Carbofuran) [no prosecution]

2006 March: poisoned pigeon bait (Carbofuran) [no prosecution]

2006 April: dead buzzard (persecution method unknown) [no prosecution]

2006 May: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 May: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 May: poisoned egg baits (Carbofuran) [no prosecution]

2006 June: poisoned buzzard (Carbofuran) [no prosecution]

2006 June: poisoned raven (Carbofuran) [no prosecution]

2006 June: 6 x poisoned rabbit baits (Carbofuran) [no prosecution]

2006 June: poisoned egg bait (Carbofuran) [no prosecution]

2006 September: 5 x poisoned buzzards (Carbofuran) [no prosecution]

2006 September: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 September: poisoned rabbit bait (Carbofuran) [no prosecution]

2007 March: poisoned buzzard (Carbofuran) [no prosecution]

2007 April: poisoned red kite (Carbofuran) [no prosecution]

2007 May: poisoned buzzard (Carbofuran) [no prosecution]

2008 October: poisoned buzzard (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2008 October: poisoned rabbit bait (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2008 November: 3 x poisoned ravens (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2009 March: poisoned rabbit bait (Carbofuran) [no prosecution]

2009 March: poisoned raven (Carbofuran) [no prosecution]

2009 April: poisoned rabbit bait (Carbofuran) [gamekeeper convicted]

2009 April: poisoned magpie (Carbofuran) [no prosecution]

2009 April: poisoned raven (Carbofuran) [no prosecution]

2010 October: short-eared owl shot [no prosecution]

2011 March: illegally-set clam trap [no prosecution]

2011 December: buzzard shot [no prosecution]

2012 October: golden eagle shot (just over boundary with Buccleuch Estate) [no prosecution]

2013 May: shot otter found on estate [no prosecution]

2013 June: significant cache of pre-prepared poisoned baits found on estate [no prosecution]

2013 August: red kite found shot and critically-injured in Leadhills village [no prosecution]

2014 February: poisoned peregrine (Carbofuran) [‘Nr Leadhills’] [no prosecution]

2015 April: hen harrier ‘Annie’ found shot [Leadhills/Buccluech] [no prosecution]

2016 May: hen harrier ‘Chance’ ‘disappeared’ [Leadhills/Buccleuch] [no prosecution]

Here’s a photo of one of the many intensively-managed driven grouse moors on Leadhills Estate (photo by RPUK)

We’ve previously blogged about the Leadhills (Hopetoun) Estate at length and in detail. We know it is a member of landowners’ lobby group Scottish Land & Estates (at least it was in 2015, see here) and Earl Hopetoun is still currently listed as the Chair of Scottish Land & Estate’s Moorland Group.

Earl Hopetoun has previously denied that Hopetoun Estate has any involvement with grouse moor management at the Leadhills (Hopetoun) Estate. In 2012 his spokesperson was quoted:

“The Earl of Hopetoun’s position on wildlife crime is unequivocal. He has constantly condemned any such activity. More importantly, Hopetoun Estate has no role whatsoever in the management of Leadhills Estate. Leadhills Estate is run on a sporting lease completely separately and there is no connection between Hopetoun Estate and the sporting management of Leadhills”. 

We disputed this claim about Hopetoun Estates having ‘no role whatsoever in the management of Leadhills Estate’  – see here, here and especially here.

However, at this stage, we’ve gone past the arguments of who owns it, or who owns the sporting lease, or who is responsible for the day-to-day management. Despite Earl Hopetoun’s clear condemnation of raptor persecution, and despite the sporting lease stating clearly that wildlife protection legislation must be adhered to, raptor persecution has been persistent in this area, over a long period of years, and almost all of it has gone unpunished. It is clearly beyond the control of those responsible for managing this land which leaves no other option but for state-regulated control. It’s gone too far. It’s time for the Scottish Government to implement the action that has been promised for years.

Later today we’ll be publishing an open letter on this subject to Environment Secretary Roseanna Cunningham.

UPDATE 6PM: Open letter to the Cabinet Secretary here

UPDATE: Statement from Leadhills Estate (via Media House PR) here

Hen harrier shot near Leadhills

Police Scotland are appealing for witnesses after a hen harrier was reported shot near Leadhills, South Lanarkshire.

According to this article in the Carluke Gazette, Police received a report at 5.15pm on 4 May 2017 that a man had shot and killed a hen harrier near to the B7040 Elvanfoot to Leadhills road.

“A number of witnesses have come forward, and significant enquiry is underway,” said Inspector Martin Speirs.

“I urge anyone who witnessed the incident, or saw a male near the area on a quad bike at the time to come forward.  I also ask that anyone who has CCTV in the area review their cameras. Wanton killing of wildlife in these circumstances is unacceptable“.

We’ve blogged about Leadhills and the surrounding grouse moors many, many, many times. Too many, in fact.

UPDATE 11am: More on the shot hen harrier near Leadhills (here).

UPDATE 6pm: Open letter to the Cabinet Secretary here

Photo by RPUK

Suspected peregrine nest robbery: NWCU appeals for info one year on

The National Wildlife Crime Unit (NWCU) and Cheshire Police are appealing for information about a suspected peregrine nest robbery in May 2016.

The following press release was posted on the NWCU website yesterday:

Peregrine falcons have regularly nested on property owned by Railtrack at Dutton Viaduct in Cheshire.  However, nesting attempts have failed for 9 successive years.  Human interference has been suspected on a number of occasions.

Overnight 1st to the 2nd May 2016 (please note this is 2016) the nest failed.  On this occasion, the images of three men were captured on a trail camera that had been placed on land owned by Railtrack near to the nest.  In the early hours of the morning of 2nd May 2016 the three men were pictured heading up towards the nest site.  A short time later the same men triggered the camera as they headed back down the same route.

There is no public right of access and there seems no legitimate reason why these men should be at the location.

Cheshire Police and the National Wildlife Crime Unit would like to speak to the men shown in the images below in order to ascertain whether they have any information relating to the failure of the nest.

 

Peregrine falcons, their nests and eggs receive the highest level of protection and it is an offence to take, kill or injure the bird, take or possess their eggs or to disturb them whilst they are in or near a nest containing eggs or dependent young.

Anybody with any information should contact the Police on 101 or Crimestoppers on 0800 555 111

ENDS

It’s not clear why there has been an interval of one year before this appeal for information was made.

This case, along with the theft of gull eggs from Poole Harbour, featured on yesterday’s edition of Countryfile (available on iPlayer for the next 29 days here). The use of covert camera surveillance on raptor nests was mentioned as “a vital tool” in catching egg thieves red-handed.

They didn’t mention that camera surveillance was also pretty good for catching raptor killers red-handed, but if the footage was filmed on land being used for game bird shooting then every legal obstacle possible would be put in the way of it being used as evidence in court. Funny that.

Buzzard shot & injured in Yorkshire Dales National Park

Cumbria Police are appealing for information following the discovery of an injured buzzard in the Yorkshire Dales National Park, according to ITV news.

The bird was found on 3rd May in Cowgill, Dentdale and was taken to Kendal College Animal Rescue Centre where an x-ray revealed it had been shot.

There are no further details.

Anyone with information please contact PC Rolland at Cumbria Constabulary.

Buzzard shot in Harewood, West Yorkshire suffers “massive trauma”

West Yorkshire Police are appealing for information after the discovery of a shot buzzard that has suffered “massive trauma”, according to an article in the Yorkshire Post.

Police believe the bird was shot between 1st and 6th May in the area around Harewood Avenue, Harewood.

It was found by staff from Harewood Speed Hillclimb, and an examination by a vet revealed that it had been shot, with the shot damaging its wing feathers as it passed through.

Appealing for information, Pc Andy Katkowski, based at Wetherby Police Station, said the buzzard was unable to fly as a result of its injuries. He said: “This buzzard has suffered unnecessarily and must have been in a lot of pain and discomfort.”

Witnesses or anyone with information are urged to contact West Yorkshire Police. Any information will be treated with strict confidentiality. Contact Pc Katkowski on Andrew.katkowski@westyorkshire.pnn.police.uk

Buzzard found with shotgun injuries in Norton, North Yorkshire

A critically injured buzzard has been found near Malton, North Yorkshire and is now in the care of specialist raptor rehabilitator Jean Thorpe.

The adult female bird was found “down, shocked and injured” on Beverley Road, Norton on 9 May 2017. She has severe lacerations to her head and feet, believed to have been caused by trying to escape from a cage trap. An x-ray also revealed a shotgun pellet lodged on her right leg/foot. (Photos from Jean Thorpe)

After a couple of days of expert care, Jean provided an update yesterday:

“Shot and cage-trapped buzzard has eaten at last. Been hand feeding and she’s had lots of warm fluids. She is far from well and sadly is knuckling on the shot foot. Way to go yet“.

Anybody with information about this incident please contact Police Wildlife Crime Officer Jez Walmsley at Malton Police Station, crime ref no: NYP4710517.

Please also consider making a donation to help support Jean’s work in caring for injured wildlife – she does this on an entirely voluntary basis and it must cost her a fortune. Let’s help her to help these persecuted birds – donations here please.

North Yorkshire is consistently rated as the worst county in the UK for raptor persecution crimes, particularly against buzzards and red kites. Barely a month goes by without news of another victim. Ironically, last month North Yorkshire was declared ‘the safest area in the country’ in terms of officially recorded crime statistics (see here). Clearly, wildlife crime statistics were not included in the analysis.

UPDATE 8 June 2017: Buzzard successfully rehabilitated and returned to the wild (here)

Brewlands Estate gamekeeper ‘cries with laughter’ at discontinued prosecution

Following this morning’s publication of an RSPB video showing footage of an alleged gamekeeper setting then re-setting an illegal pole trap on the Brewlands Estate in July 2015, which has been deemed ‘inadmissible evidence’ by the Crown Office (see here), we’ve been interested to see the response from the gamekeeping community.

Bert Burnett (an apparently now former committee member of the Scottish Gamekeepers’ Association) posted clear condemnation on his facebook page (good) before the ‘discussion’ predictably descended in to criticism of the RSPB.

One of Bert’s followers ‘tagged in’ somebody called Chrissy Gray (for those who are unfamiliar with Facebook, ‘tagging’ someone just means alerting that tagged person’s attention to a particular post).

Chrissy Gray responded to the post with two ‘crying with laughter’ emojis:

For those who don’t know what a ‘crying with laughter’ emoji is about, have a read of this.

We were curious about who would be ‘crying with laughter’ about the news that this prosecution had been discontinued and so we clicked on Chrissy Gray’s name to find out who he was. Here’s what we found:

According to his profile details, Chrissy Gray is a gamekeeper at Brewlands Estate.

Interestingly, his comment has been up there for over three hours and nobody has condemned it.

They are figuratively (and literally?) laughing in your face, Roseanna Cunningham.

 

Brewlands Estate “inadmissible” pole trapping video released

A week after RSPB Scotland published the “inadmissible” video evidence of a hen harrier being shot on Cabrach Estate in Moray (see here), this morning they have released another video from another case that prosecutors decided to drop without explanation.

This case concerned gamekeeper Craig Graham, who was accused of allegedly setting and re-setting an illegal pole trap on the Brewlands Estate in the Angus Glens in July 2015.

Photo of illegally-set pole trap on Brewlands Estate (by RSPB Scotland).

The case called in March 2016 and Mr Graham denied all charges so the case was sent for trial. We tracked this case through the courts, where it was repeatedly adjourned (two trial dates were set and then later dumped). A third trial date was set for 15 May 2017 but then at another hearing on 25 April 2017, we learned that the case had not called as the Crown Office had dropped all proceedings. This was the third case the Crown Office had inexplicably dropped within a two week period.

Here’s the “inadmissible” RSPB Scotland video footage:

It’s worth turning up the sound as part of a conversation has also been recorded: “And then, when we were there, a buzzard went right over the top, if you had a shotgun it’d be dead“. It’s not clear who is speaking to whom, but it’s an indication that more than one person was present at the scene.

Here is the RSPB press statement:

Second discontinued prosecution for alleged raptor persecution offences

RSPB Scotland has expressed its frustration and disappointment after another prosecution of an individual charged with alleged wildlife crime offences was discontinued by the Crown Office in Scotland.

The latest case began on 9th July 2015 when RSPB Scotland staff, walking on the Brewlands Estate in Glen Isla, Angus, discovered an illegally set spring trap placed on top of a pheasant carcass that had, in turn, been placed on a post just a few metres inside a pheasant pen. The trap was in effect a baited “pole trap”, which has been illegal since 1904, and is designed to snap shut and break the legs of a bird of prey, holding the victim until it can be dispatched by the trap operator.

The RSPB team, having no mobile phone signal to allow contact with the police, made the trap safe to ensure no birds would be caught. They then deployed a video camera focussed on the area, with a view to securing the evidence until the police could attend and recover the trap.

A few days later, RSPB Scotland staff accompanied a police wildlife crime officer to the scene, where it was found that the trap had been reset. The police seized the trap as evidence, and the camera was recovered.

Review of the footage filmed by the camera showed an individual resetting the trap twice in the days after which it had been found. On the first occasion it was set, it was seen to later fall off the pheasant bait and trigger itself.

The footage was passed to the police, who subsequently identified the individual setting the trap, and who later charged him with four alleged offences, contrary to the Wildlife and Countryside Act, 1981, and sent a report to the Procurator Fiscal, who marked the case for prosecution.

The case was first called, at Forfar Sheriff Court, on 31st March 2016, with subsequent hearings on 22nd April and 12th May 2016, during which the accused plead not guilty to the charges libelled. Following two further hearings, the Crown Office Procurator Fiscal Service recently notified RSPB Scotland that following consideration of the case by Crown Counsel, the prosecution could not rely on the RSPB video evidence and would be discontinued. No reason for this decision was provided. The case had been scheduled for a trial beginning on 15th May 2017.

RSPB Scotland’s Head of Species and Land Management, Duncan Orr-Ewing said: “For one case, where there was excellent video evidence to support the prosecution, to be discontinued inexplicably by the Crown Office so close to the trial was baffling. For a second case to be discontinued, again with no explanation from the Crown Office, and again without the opportunity for the evidence to be tested in court, is deeply concerning, and significantly undermines our confidence in the ability of Scotland’s justice system to bear down on the criminals who continue to target our protected birds of prey.”

END

Map showing location of the Brewlands Estate in the Angus Glens (estate boundary based on information from the Who Owns Scotland website).

So, here we are again. There’s not much we can say that hasn’t already been said. Justice has once again not been seen to be done and it looks, to all intents and purposes, that something is seriously amiss with the criminal justice system. How can this case, as with the hen harrier shooting case, get so far down the prosecution route only to be dropped at the last minute? Why did the Crown fiscals deny the opportunity for this evidence to be scrutinised in court? We don’t know, because, yet again, the Crown Office has refused to discuss the decision.

Public anger was very evident last week after RSPB Scotland released the video showing a hen harrier being shot, and this resulted in questions being asked yesterday at First Minister’s Question Time. The release of this latest video footage will only add fuel to that fire.

Again, if you live in Scotland we would urge you to contact your local MSP and ask them to raise this issue with the Lord Advocate and the Justice Cabinet Secretary. We know through correspondence that many of you contacted your MSP last week (thank you) and it’s important that you do so again with this case. You can find your local MSP here. For those of you not in Scotland, please email your concerns to the Convener of the Scottish Parliament’s Justice Committee, Margaret Mitchell MSP (Scottish Conservatives). Email: margaret.mitchell.msp@parliament.scot

We are at a critical point right now, with Environment Cabinet Secretary Roseanna Cunningham due to make two serious decisions concerning illegal raptor persecution in Scotland: the long overdue decision on whether to increase the investigatory powers of the SSPCA, and her intended action in response to the findings of the raptor satellite tag data review. These decisions are expected before the end of June 2017. There is also the Environment Committee’s on-going consideration of the petition to introduce a licensing system for all game bird hunting, although the time-frame for their deliberations is less clear.

What happens between now and the end of June will be pivotal to how we proceed in future. If the Scottish Government continues to prevaricate, in the face of such blatant and persistent criminality, and in the face of such overwhelming evidence, we will be re-thinking our strategy. Enough is enough.

UPDATE 3pm: Brewlands Estate gamekeeper ‘cries with laughter’ at discontinued prosecution (here)

MEDIA COVERAGE

BBC Scotland website here

STV news here

Scottish Gamekeepers’ Association statement here (as last time, no membership interest so very little comment, and no condemnation)