Film footage of Gamekeepers on Leadhills Estate ruled inadmissable

Female Hen harrier at nest

On 30 April 2003, an undercover RSPB investigation team were filming at a hen harrier nest on the Leadhills Estate, South Lanarkshire (also known as Hopetoun Estate and Abington Farms Ltd). This estate has a shocking record of alleged persecution against hen harriers and peregrines.

According to an article published by a former RSPB investigator (see link below), a gamekeeper was filmed walking up the valley towards the hen harrier nest, and ‘finding’ the nest by throwing a training bag for his labrador dog. The keeper was also allegedly filmed picking up the dog by its throat and kicking it to the ground. He was later charged with a cruelty offence after SSPCA officers and a vet had viewed the evidence.

Later the same night, the RSPB team reportedly filmed a group of men approaching the hen harrier nest in the dark using torches.  They are reported to have shot the incubating female and removed the eggs from her nest. One of the RSPB team followed the men back to the road and took their vehicle registration number. The vehicle was allegedly found to be used by the estate’s head gamekeeper. A shotgun cartridge found next to the nest was allegedly matched to the gun belonging to the head gamekeeper’s son. The son was later charged in relation to killing the harrier and destroying the nest.

After prolonged legal activity, the charges against both keepers were all dropped. It is thought this was in connection to the use of undercover footage by the RSPB. (See our post about a similar incident at Haystoun Estate in 2003).  http://www.the-soc.org.uk/docs/SBN80.pdf

 

Gamekeeper guilty of offences on Stanhope estate, Peebleshire

Following an anonymous complaint about alleged posioning offences on the Stanhope Estate, Peebleshire, police obtained a search warrant for a gamekeeper’s house. During the search they found Cymag gas, .275 ammunition and his shotguns were not secured inside a gun cabinet.

Following an appearance at Peebles Sheriff Court, the 31 year old keeper (name removed under the Rehabilitation of Offenders Act 1974) had his shotgun and firearms licence revoked. However, the court did not fine him or make him pay any costs, he was just admonished (given advice!) by the Sheriff.

Two Peregrine Chicks Poisoned in the Nest

 03 August 2007.  Grampian Police are appealing for information following the discovery of two poisoned four week old peregrine falcon chicks in their nest in the Inverurie area.

Peregrine chicks
The birds were discovered at the end of May when members of the North East Raptor Study Group visited the nest to ring and weigh the birds.

The two chicks had full crops and, following a post mortem examination and toxicology report, it was discovered that their food source was contaminated with an illegal pesticide, resulting in their death.

Peregrines are a “Schedule One” bird under the Wildlife and Countryside Act 1981 and are specially protected. New penalties for killing peregrines include up to a £10,000 fine or 12 months in prison.

Dave MacKinnon, Force Wildlife Crime Officer for Grampian Police said: “We are unable to give the exact location of the nest as these birds are specially protected. What I can say is that it appears the chicks had been fed poisoned bait by their parents, laced with a banned pesticide.

Red kites poisoned in Callander, Perthshire

A young male red kite found dead by the side of the road in Callander, Perthshire, in July 2007 had been illegally posioned. Sadly, it wasn’t an isolated incident. A few weeks earlier, two red kite chicks had been found closeby. Tests revealed that one chick had definitely been poisoned; the body of the 2nd chick was too decomposed for analysis. The chicks were unrelated to the dead adult kite.

http://www.centralscotland.police.uk/localpolicing/stirling_dunblane_lochearnhead.php?news_id=3568

Perthshire gamekeeper fined for possession of illegal poisons

On 15th Dec 2004, a 39 year old Perthshire gamekeeper (name removed under the Rehabilitation of Offenders Act 1974) of Taymist, Ballinluig, was fined £1200 after he was found to have two hazardous chemicals. The keeper, who runs shooting parties, admitted illegally storing alpha chloralose in his car and Cymag in his unlocked garage.

Chloralose has been used to kill thousands of birds, including golden eagles, kestrels and buzzards, in recent years. Two tins of Cymag were found in the keeper’s garage. The chemical, which gives off a lethal gas, has been used to clear mole and rabbit holes but will be banned at the end of the year.

Eight buzzards killed in suspected poisonings

Irish Times May 6th 2009. Eight buzzards have been killed in suspected poisoning incidents in the northeast in the last two months. The National Parks Wildlife Service (NPWS) said yesterday it was investigating the discovery of buzzard carcasses on farmlands in north Dublin, Louth and Meath.

The broad-winged birds of prey have only recently re-established themselves in Ireland after becoming extinct in the early 20th century through poisoning and hunting. http://www.irishtimes.com/newspaper/ireland/2009/0506/1224245993542.html

Dinnet Estate Gamekeeper convicted for offence

On the night of June 25 2003, a gamekeeper on the Dinnet Estate in Aberdeenshire was filmed by RSPB investigators as he left his Landrover carrying a shotgun, climbed over a fence on to the neighbouring Crannach Estate, and began to stalk a recently-fledged hen harrier for several hundred metres across the hillside. At one point he was seen to point his shotgun at the harrier but he did not shoot.

At Stonehaven Sheriff Court on 17 February 2006, the keeper was convicted of firearms offences and of trespassing with a firearm on the neighbouring Crannoch Estate. He was fined £500.

 

Haystoun Estate gamekeeper fined for offence

According to an article written by an RSPB investigator and published in  Scottish Bird News by the Scottish Ornithological Society (see link below), in June 2003, RSPB investigators received a tip-off that a peregrine nest site with a history of suspected deliberate interference was likely to be attacked imminently. Shortly afterwards, a 41 year old gamekeeper from the Haystoun Estate, Peebles, was allegedly filmed clambering across to the nest, removing the single peregrine chick, putting it inside a sack and walking off. The police arrived within minutes but the peregrine chick was never found.

The keeper was charged but when the case came to court on 24 March 2004, after two hours of legal argument Sheriff Farrell ruled that the video footage was inadmissable evidence because the RSPB did not have permission to be on the land for the purpose of detecting an offence.

It seems more than a little bit strange that a member of the public can be barred from telling a court about a crime, just because the landowner had not given permission for that person to be there! Surely, it is in any landowner’s interest to have criminals apprehended and dealt with by the courts? All very strange.

The gamekeeper was ultimately fined £300 and had his firearms certificates revoked after police officers found a weapon and ammunition in his unattended Landrover at the time of the incident. http://www.the-soc.org.uk/docs/SBN80.pdf

The keeper later attempted to get his firearms certificates back: http://news.scotsman.com/scotland/Gamekeeper-fined-300-seeks-gun.2567258.jp

Gamekeeper guilty of wildlife & welfare offences at Culter Allers, Lanarkshire

David Alexander Whitefield, a 41 year old gamekeeper (and a member of the Scottish Gamekeepers Association) at Birthwood Farm, Culter Allers nr Biggar, Lanarkshire, has been fined £300 for the illegal use of a crow trap.

On 4 March 2008, a hillwalker discovered a buzzard caught inside a crow trap. No food, water or shelter was available in the trap, and there was no door to allow the release of non-target species (all requirements of the law). Four inches of snow covered the ground, and no footprints or vehicle tracks were in evidence around the trap, indicating that it hadn’t been checked for at least 48 hours (it is a legal requirement that traps are checked every 24 hours).

On 1 October 2008 at Lanark Sheriff Court, Whitefield pleaded guilty to charges of failing to ensure the welfare of the bird and of recklessly taking a buzzard. In addition to his £300 fine, Whitefield was also banned from using his Scottish Open General Licence for 5 years. http://www.rspb.org.uk/Images/le57_tcm9-212748.pdf

News story here

According to the RSPB report, “The illegal killing of birds of prey in Scotland in 2009”, the following were found at Culter Allers during 2009 –

October 2009: 1 x dead buzzard, 1 x rabbit bait containing alpha-chloralose

November 2009: 2 x dead buzzards, 1 x rabbit bait containing alpha-chloralose

Gamekeeper guilty of killing buzzard on Blakehope Estate, Scottish Borders

A Scottish Borders gamekeeper was convicted of killing a buzzard, setting a poisoned bait and possessing 3 proscribed pesticides on 25 October 2005.

The gamekeeper (name removed under the Rehabilitation of Offenders Act 1974) at Blakehope Estate in the Borders pleaded guilty at Jedburgh Sheriff Court on 14 December 2006 to five offences under the Wildlife & Countryside Act 1981.

He was sentenced to 100 hours community service.

Readers could be forgiven for thinking Sheriff Woody had left Toy Story for a day’s work at Jedburgh Sheriff Court.