Author: RaptorPersecutionUK

Suspected Buzzard Poisoning on Mountquhanie Estate, Fife

POLICE in Fife are investigating the suspected poisoning of a buzzard north of Cupar.

The bird of prey was found dead by a member of the public close to Lewes Wood on the Mountquhanie Estate near Hazelton Walls.

It has been sent for post-mortem examination to confirm the cause of death and identify any poison that may have been used.

PC Ian Laing, Fife Constabulary’s wildlife and environmental crime co-ordinator, said: “Fortunately, Fife has not experienced raptor poisoning as much as other areas, but this case is a concern.

“Once we have confirmed the cause of death, we will be able to look at the potential source of any poisons used with a view to tracing those responsible.”

Kath Leys, area operations manager with Scottish Natural Heritage, added: “We’re very concerned about this suspected poisoning case in Fife.

“Buzzards may be fairly common nowadays, but they’re beautiful birds which are an important part of biodiversity.”

Full story here –

http://www.fifetoday.co.uk/news/local-headlines/fife_police_probe_buzzard_poisoning_1_1459717

New specialist prosecutors to be appointed – historic or rhetoric?

The prosecution of wildlife and environmental crime is to be enhanced by the appointment of a team of full-time prosecutors, the Solicitor General Frank Mulholland QC has announced.

A team of three specialists will investigate, mark and prosecute all cases involving crimes against wildlife and the environment in Scotland. Their remit will also include cases of animal cruelty.

The team will be managed by Tom Dysart, Area Procurator Fiscal for Ayrshire, who currently leads the Crown Office & Procurator Fiscal Service (COPFS) in this area of law.

They will be supported by Alex Prentice QC, Assistant Principal Advocate Depute. He was appointed Crown Counsel for wildlife cases in February 2010 and will present the Crown case in any criminal appeals.

The appointment of full-time specialists builds on work already undertaken by the Crown Office and Procurator Fiscal Service to tackle wildlife crime more effectively.

The specialists will be spread across Scotland, but will work together to share knowledge and experience of cases.

The Solicitor General, Frank Mulholland, QC, said:

“COPFS is committed to tackling crimes against Scotland’s precious wildlife and environment.

“Our network of wildlife and environmental prosecutors has already demonstrated the benefits of having specialists deal with this complex area of law.

“We are now appointing a team of three full-time specialists, who will continue to develop the skills and knowledge required to deal with these cases.

“Crimes against our wildlife and environment are important as they affect the environment in which we live, and the legacy we leave to future generations.

“We are aware that serious and organised crime groups may be becoming involved in environmental crime. The new team of prosecutors will work closely with COPFS civil recovery and criminal confiscation specialists.

“I am confident the new team will further enhance the working relationships we already have with investigating agencies, including the police and wildlife organisations.”

Blah blah blah. To read the rest of this press release, follow this link: http://www.crownoffice.gov.uk/News/Releases/2011/02/New-team-specialist-prosecutors-be-appointed-handle-Wildlife-and-Environmental-Crime

It would be wonderful if we were all so naive as to believe the content of this press release, word for word. Sadly, I am a little bit too long in the tooth and have developed a somewhat cynical outlook. Interesting to note that the press release did not say WHEN this new team would be appointed. An oversight? Perhaps. Also interesting to note that the success of this new team will depend on the effective investigation of alleged wildlife crime crime offences by ALL the Scottish police forces. That’s not happening now, so why should we believe that will change anytime soon?

Also interesting to note that Alex Prentice QC, mentioned in the press release, has been in post for almost one year now – what measurable impact has he made on the effective prosecution of illegal raptor persecution after 12 months in office? Let’s see what happens with the Moy Estate and Skibo Estate cases – assuming, of course, that they will reach court, and that it will be this year…

Incidentally, a colleague has told me that the Glen Orchy poisoned eagle case was mentioned yesterday at the Scottish Police Wildlife Crime Conference held in Tulliallan. He told me that PC Charlie Everitt, the NWCU’s Investigative Support Officer mentioned it in his round-up of 2010 news. Apparently PC Everitt was using the case as an example of how busy/successful the NWCU has been this last year. He mentioned that the accused had been found guilty of possession of illegal firearms and that he’d received 300 hours community service as a punishment. Oh, three cheers for this “successful” outcome. No mention of the poisoned eagle, nor any forthcoming prosecution case for this criminal offence. Is it any wonder I’m cynical? I hope the COPFS prove me wrong.

Apprentice gamekeeper jailed for barbaric animal welfare offences in Northumberland

Two men from Northumberland have been jailed after forcing animals to fight to the death and posting video footage of their barbaric activities on the internet. The crimes are reported to include two dogs attacking a badger, cock fighting, a snared fox having a stick rammed into its mouth and one of the men standing on the fox’s neck as it was attacked by a dog, and a fox trapped inside a cage with a dog, with someone holding the fox’s ears as the dog attacked it.

One of the men, 23-year-old Connor Patterson, of Whitfield, near Hexham Northumberland, is reported to be a farm worker and an apprentice gamekeeper. During police interviews, he said he had a national diploma in countryside and game management, and while studying for this he had learned how to use snares and traps.

Congratulations to Northumbria Police and the RSPCA for bringing a successful prosecution. Let’s hope that when Patterson is released from his prison term he does not gain employment in the gamekeeping world.

Full details of this horrific story: http://www.journallive.co.uk/north-east-news/todays-news/2011/02/18/pair-forced-animals-to-fight-to-the-death-61634-28191448/2/

A Conservation Framework for Hen Harriers in the UK Finally Published.

The long-awaited JNCC report, “A Conservation Framework for Hen Harriers in the United Kingdom” has finally been “officially” released. The document was published on 17/02/2010 with members of the Scottish Parliament Rural Affairs and Environment Committee being sent a copy a few days prior to publication.

PDF of the full report here – http://www.jncc.gov.uk/pdf/jncc441.pdf

The report has hardly attracted the “big conservation media splash” that was first envisaged as the report had been leaked by The Sunday Herald some weeks ago. This leak was made amidst fears that SNH were dragging their heels with the publication due to pressure from pro-grouse shooting groups who would much rather see this report “buried” until the WANE Bill has passed through parliament.

As expected the grouse shooting lobby has attempted to rubbish the science behind the report and muddy the waters regarding the pitiful conservation status of hen harriers in the UK.  The British Association for Conservation and Shooting (Scotland), the Scottish Countryside Alliance, the Scottish Gamekeepers Association, the Scottish Estates Business Group and the Scottish Rural Property and Business Association have written to the Minister for the Environment setting out their concerns about the report. It is understood that Scottish Raptor Study Groups have also written to the Rural Affairs and Environment Committee in support of the report.

It looks improbable that anything will be resolved in the near future regarding the plight of our most persecuted bird of prey. Pro-shooting groups must acknowledge the raptor persecution problem before any meaningful dialogue can be entered into and “trickle down” peer pressure make these abhorrent crimes unacceptable.

SNH Press release – http://www.snh.gov.uk/news-and-events/press-releases/press-release-details/index.jsp?id=458

JNCC Press release – http://www.jncc.gov.uk/page-5775

SRPBA Press release: http://srpba.com/view_item.aspx?item_id=4711&list_id=list1-218&list_index=12

Scottish Raptor Study Groups Press Release: http://www.scottishraptorgroups.org/news.php

Game & Wildlife Conservation Trust (GWCT) Chief Questioned over Dead Sea Eagle.

Mr Alasdair Laing, the Game and Wildlife Conservation Trust’s Scottish committee chairman, has been questioned by police, according to The Scotsman, following the discovery of a dead sea eagle on his Logie Estate, Morayshire, which was joint winner of the Purdey Award for Shooting and Conservation in 2008.

The dead eagle (released in East Scotland in 2008 as one of the reintroduced birds from Norway) was apparently found by an employee of RSPB Scotland whilst walking  in the snow on 15th December 2010.  The dead bird was reported to Northern Constabulary the same day but when officers returned to investigate the incident the following morning the carcass had mysteriously disappeared.

Police have launched an investigation into the incident but say they are unable to determine how the bird died without a body. Gamekeepers at the Morayshire estate, as well as Mr Laing, are understood to have been spoken to by investigators. The head keeper has been previously described as ‘a prominent  member of the SGA committee’ and has been praised for his conservation work (see here). Alasdair Laing was a signatory to the May 2010 SRPBA letter to the Environment Minister, one of over 200 landowners who condemned illegal raptor poisoning.

A spokesman for Northern Constabulary said “An investigation was launched by the area wildlife crime officer, but to date no remains have been recovered. There is also no evidence as to how the bird died, given the fact there was no body”

It seems strange that this incident happened on 15th Dec 2010 and this is the first media report about it. It seems to fly in the face of other investigation techniques where evidence is gathered as soon as possible whilst events are clear and fresh in potential witnesses minds.

Full story here – http://www.scotsman.com/environment/Conservation-chief-questioned-by-police.6720123.jp?articlepage=1

Alasdair Laing’s letter of response published in The Scotsman: http://news.scotsman.com/letters/Letter-Estate-work.6720703.jp

An interesting insight into how the Lochindorb Shoot (on Logie Estate) is managed, including the culling of mountain hares: http://www.shootingtimes.co.uk/features/387120/The_Lochindorb_Shoot.html

Update on pending court cases

Nicholas Parker, head gamekeeper on the Holkham Estate, Norfolk, was due to appear before King’s Lynn Magistrates on Wednesday 9 February 2011 to answer the following charges:

  • Killing a Schedule One bird
  • Taking game out of season
  • Possessing ammunition for a firearm without a certificate
  • Possessing a shotgun or rifle for committing an ‘either way’ offence
  • Possessing a shotgun without a certificate
  • Contravening the Wildlife & Countryside Act.

Parker’s case has been postponed and is now due to be heard on 2 March 2011. (See blog post 25 January 2011 for original story).

A convicted gamekeeper in Scotland (name removed for legal reasons) was due back in court on 2nd December 2010 to face charges of using poison to kill multiple buzzards on a sporting estate. This case was postponed due to bad weather and was re-scheduled for 23 December 2010. The second trial was postponed after the defendant lodged an appeal on a legal technicality. This appeal is still pending. We will post an update in due course. (See blog posts Dec 1 & 21 for original story).

HOT OFF THE PRESS – there will be a forthcoming trial in March/April concerning alleged raptor persecution incidents in Derbyshire. Watch this space!

Sporting estates with persistent record of raptor poisoning could face loss of shooting rights

The Daily Telegraph reports that MSP Peter Peacock is preparing to submit a new ammendment to the WANE Bill that will allow the Scottish government to issue ‘yellow cards’ to sporting estates that persistently poison birds of prey.

The issue of estate licensing has featured widely in the drafting of the forthcoming WANE Bill, but has so far been met with resistance from Environment Minister, Roseanna Cunningham. The new ammendment differs in that it will not automatically apply to ALL estates – instead, it suggests that it will be applicable only to those estates that persistently engage in the criminal activity of raptor poisoning.

Mr Peacock said he is changing the wording of his proposal to ensure there is an earlier right of appeal and stressed that action could not be taken on the basis of a single incident.

“Where there’s a recurrent problem, this would give ministers powers to intervene,” the Highlands and Islands MSP said.

“If the estate owner says ‘we share your concerns and this is what we propose to do about it’, it may go no further.

“If not, then ministers can say there’s reasonable case for intervention here and ask the estate to formally respond with an action plan. If this is not sorted, then the ultimate sanction can be imposed.”

He confirmed this would be a “restriction order”, the suspension of shooting rights for however long its takes for the estate to show its record has improved.

Asked what would be required for this procedure to be initiated, Mr Peacock listed a range of supporting evidence such as the carcases of dead birds, the presence of illegal poisons and local raptor populations being significantly lower than projected.

A spokesman for the Scottish Estates Business Group said: “We are very concerned by the indiscriminate approach being taken.”

He seems to be missing the point. The new ammendment would not be indiscriminate (unlike the original ammendment where ALL sporting estates would be licensed) – instead, it would only target those estates that refuse to abide by the laws of the land. Sounds like a promising compromise to me.

Daily Telegraph article: http://www.telegraph.co.uk/news/newstopics/politics/scotland/8285873/Sporting-estate-yellow-cards-for-bird-poisoning.html

Head gamekeeper charged with wildlife crime & firearms offences at Holkham Estate, Norfolk

The head gamekeeper at Holkham Estate, Norfolk, has been charged with  a series of wildlife crime and firearms offences following a police investigation, according to The Fakenham Times.

41 year-old Nicholas Parker of Main Road, Holkham, has been charged with the following: killing a Schedule One wild bird, taking game out of season, possessing ammunition for a firearm without a certificate, possessing a shotgun or rifle for committing an either way wildlife offence, possessing a shotgun without a certificate, and contravening the Wildlife and Countryside Act.

He has apparently been suspended from his job since the allegations came to light last year. The report says he has been released on police bail and will appear before King’s Lynn magistrates on Wednesday 9 February 2011.

News story here: http://www.fakenhamtimes.co.uk/news/country_estate_head_gamekeeper_charged_1_782567

Nicholas Parker joined the Holkham Estate staff in April 2008, after working for six years for the Van Cutsem shoot on Mossdale Estate in North Yorkshire. Here’s his self-introduction in the Holkham Estate newsletter (page 13): Holkham Estate newsletter 2008

It’s not the first time that Holkham Estate has been at the centre of a wildlife crime investigation. In March 2000, a Holkham Estate gamekeeper was fined £850 for the killing of three kestrels on the estate. He admitted to shooting two birds and poisoning a third with a Carbofuran – baited pheasant carcass because he blamed them for attacking young partridges. Following the keeper’s conviction, a 37 year-old land agent and a 62 year-old head keeper were both convicted of three charges of allowing the gamekeeper on the 25,000-acre estate to illegally store poison. Although they denied the charges, they were fined £1,200 and £750 respectively. They both appealed and their cases were heard at Norwich Crown Court on 9 October 2000. Judge Lawrence stated that, although the standard of supervision of the use of poisons on the estate “left something to be desired”, he had reached the conclusion that the gamekeeper was acting independently. Both appeals were upheld.

Twelve charges were also brought against Viscount Coke, heir to the family’s estate in north Norfolk, for allowing the gamekeeper to illegally use poison on the estate. However, Fakenham magistrates said the Viscount had no case to answer. It is claimed that Viscount Coke threatened to sue the police and the crown prosecution service after he was cleared of all involvement. News story here: http://www.independent.co.uk/environment/peers-gamekeeper-fined-for-killing-three-kestrels-721792.html and here: http://nwhsa.redblackandgreen.net/convicted_gamekeepers.htm

It’s very interesting to note that the name of the convicted gamekeeper appears in the latest edition of the Holkham Estate newsletter (Winter 2010) – still employed there then, even with a criminal conviction? So much for estates wanting to rid the industry of those who persecute raptors!

The now 45 year-old Viscount Coke appears to be quite a character. Educated at Eton, he was apparently a former page of honour to the Queen. He took over the estate when his father retired in 2007 and lives with his family in Holkham Hall on the estate. It has been reported that he is a principal trustee and spokesperson for the charity Songbird Survival – notorious for its views against raptors: http://www.againstcorvidtraps.co.uk/songbird_survival/bloodsports

According to the current Holkham Estate website, nine gamekeepers are employed and “a predator control programme is exercised within the law”: http://www.holkham.co.uk/html/farming.html

A former head keeper at Holkham is Simon Lester, now head keeper at the Langholm Moor Demonstration Project in Scotland. Simon & the Viscount’s father, the Earl of Leceister, express their views about raptors in a revealing article here: Holkham Estate partridges & raptors 2006

Silence over hen harrier carnage – now updated

One week on from the publication of the Hen Harrier Conservation Framework, leaked by investigative journalist Rob Edwards on 16 January 2011, here are the published responses from the shooting lobby and from those with a statutory duty to protect this species of high conservation concern:

Scottish Gamekeeper’s Association – silence

Scottish Rural Properties & Business Association (SRPBA) – silence

Scottish Estates Business Group (SEBG) – silence

Scotland’s Moorland Forum – silence

Game and Wildlife Conservation Trust (GWCT) – silence

Scottish Natural Heritage (SNH) – silence

Partnership Against Wildlife Crime Scotland (PAWS) – silence

National Wildlife Crime Unit (NWCU) – silence

Interesting. Perhaps they’re all hoping that if they keep quiet, everyone will forget about the damning evidence presented in the report? It is, after all, only the 5th scientific study published since 1997 to demonstrate the indisputable link between hen harrier persecution and heather moorland that’s managed for red grouse shooting. Here’s a quick summary for anyone who missed the latest scientific facts:

  • The potential national Hen Harrier population for Scotland is estimated to be within the range 1505 – 1790 pairs.
  • The most recent national survey of Hen Harriers in Scotland (2004) was estimated to include 633 pairs.
  • This means that 872 – 1,157 harrier pairs (1,744 – 2,314 individuals) are missing.
  • The areas from where these birds are missing are areas managed as grouse moors.
  • Illegal persecution of hen harriers is particularly prevalent in five areas, where the majority of breeding attempts fail. These five areas are: Central Highlands, Cairngorm Massif, Northeast Glens, Western Southern Uplands and Inner Solway, and Border Hills.
  • At a national scale, the hen harrier in Scotland is not in favourable conservation status, largely due to illegal persecution. Ditto the English hen harrier population.

So, up to 2,314 hen harriers are missing in Scotland, and no-one has anything to say about it? Think about that number. It’s not 23, it’s not even 213 – it is two thousand, three hundred and fourteen birds. This is wholesale destruction on a massive scale! Are we to believe that “just a few rogues” are responsible?

How much more scientific evidence is required before we see the effective enforcement of our wildlife legislation? How can those people who own and manage the sporting estates still be getting away with this level of illegal activity? Why is the Environment Minister still set against the licensing of sporting estates, when it is blindingly obvious that they are unable to self-regulate?

In light of the contents of the leaked report, it is to be hoped that the Scottish Government’s Rural Affairs & Environment Committee will once again push for an amendment to the WANE Bill for estate licensing. Stage 2 of the Bill was completed on Wednesday 19 January and there was no mention of the Hen Harrier Framework during that meeting, probably because the RAE Committee hadn’t had time to read the report in full. Stage 3 begins in several weeks and by that time the Committee and the Environment Minister should be fully conversant with the extent of illegal raptor persecution on Scottish grouse moors.

UPDATE: 28 January 2011. SRPBA denies extent of persecution (yawn)

The SRPBA has written a letter of response to The Sunday Herald, dated 16 January 2011. I’m not sure if it was actually published by The Herald, but here it is as a PDF – SRPBA response to killing fields article 16 Jan 2011

UPDATE: 19 February 2011. See our blog entry on 19 Feb 2011 for an update on this story.

Hen Harrier Conservation Framework – leaked!

Follow this link to journalist Rob Edward’s website, where a leaked copy of the Hen Harrier Conservation Framework report is available to download – http://www.robedwards.com/2011/01/revealed-scotlands-bird-killing-fields.html#more