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Illegal traps on Invercauld Estate: part 2

Further to today’s news that illegally-set traps have been found on a grouse moor on Invercauld Estate in the Cairngorms National Park (see here), we are interested in the SSPCA’s role in this investigation.

As you’ll recall, RSPB Scotland notified the SSPCA about the severely injured gull caught by both legs in two spring traps. An SSPCA Inspector attended the scene (utilising powers under the Animal Health & Welfare (Scotland) Act) and was able to put the poor suffering bird out of its misery. However, the SSPCA Inspector did not conduct a wider search of the area for evidence because their current powers do not permit that.

Invercauld gull

Instead, the wider search was delayed until Police Scotland could attend (Police Scotland does have the authority to undertake searches of land to look for evidence of offences committed contrary to the Wildlife & Countryside Act). Now, this delay is NOT a criticism of Police Scotland’s actions in this case (they were on site relatively swiftly and invited both the SSPCA and RSPB Scotland Investigations to assist with the search. That’s a big improvement on some previous cases).

But, the problem of the SSPCA’s limited powers are clear in this case.

When the multi-agency search did take place ‘a few days later’, ‘clear evidence was found that eight similar traps had been deployed, attached to stakes and baited with dead rabbits, in a line stretching two hundred metres across the moor. It was also evident that these traps had been removed very recently’.

Whichever criminal had set these two traps that caught the gull was given the time to remove those further eight traps before the Police turned up.

How ridiculous is it that the SSPCA Inspector wasn’t allowed to walk two hundred metres across the grouse moor to retrieve those eight additional traps (and any other evidence that the criminal may have left lying around)? It’s plainly bonkers! Instead, there was an inevitable delay while the Police sorted themselves out (again, not a criticism in this case), allowing the criminal to distance him/herself from the crimes.

As many of you will know, on 1 Sept 2016 it will be two years since the closure of the Scottish Government’s public consultation on increased investigatory powers for the SSPCA. Three Environment Ministers later and we’re still waiting for a decision (see here). It’s pathetic.

More on this Invercauld case shortly…..

Illegally-set traps found on Invercauld Estate grouse moor, Cairngorms National Park

RSPB Scotland has today issued a press statement about the discovery of illegally-set traps found on a Royal Deeside grouse moor in the Cairngorms National Park (see here).

On 27 June 2016, two members of the public found a Common Gull that had been caught by the legs in two spring traps that had been positioned next to a dead rabbit that had been used as bait. The gull was distressed and bleeding profusely. The hill walkers called RSPB Scotland, who immediately alerted Police Scotland and the SSPCA. An SSPCA Inspector quickly attended the scene and the gull was found to have two broken legs. The bird’s injuries were so extensive it had to be euthanised.

Several days later, a multi-agency (Police Scotland, SSPCA, RSPB Scotland) search was undertaken on the grouse moor, ‘where clear evidence was found that eight similar traps had been deployed, attached to stakes and baited with dead rabbits, in a line stretching two hundred metres across the moor. It was also evident that these traps had been removed very recently’.

The press statement continues, ‘Police Scotland officers later spoke to a number of people involved with the management of the land on which the traps were found, but the identity of who had set the traps could not be established‘.

According to the press statement, the two hill walkers had found the distressed gull on “the northern slopes of Geallaig Hill, a few miles north west of Ballater“.

According to Andy Wightman’s fantastic website Who Owns Scotland, Geallaig Hill lies within the boundary of the Invercauld Estate. Using Andy’s data, we’ve created this map to show the position of Invercauld Estate within the Cairngorms National Park and the location of Geallaig Hill within the boundary of Invercauld Estate.

Cairngorms Invercauld - Copy

This is not the first time illegally-set spring traps have been found on Invercauld Estate. In 1997, a gamekeeper was fined £120 after admitting to illegally setting a spring trap to catch a rook (see here).

Spring traps can (currently) be used legally to catch stoats, weasels, rats etc BUT ONLY if they are placed inside a natural or artificial tunnel with a restricted entrance to minimise the risk of catching a non-target species. There are frequent reports of their illegal use on some shooting estates to trap birds of prey (e.g. set in the open next to a bait, or attached to the top of a post to turn them in to pole traps) – some recent examples can be found here, here, here, here, here, here, here, and of course the recent and now infamous Mossdale Estate traps here.

There’s a lot to discuss about this latest crime, and we’ll be doing just that in a series of blogs later this afternoon.

In the meantime, well done to the two hill walkers who reported this crime, well done to the SSPCA Inspector for a quick response, well done to the Police Scotland wildlife crime officers for a quick, multi-agency follow up and search, and well done to RSPB Scotland for a timely press release.

More shortly…..

UPDATE 2.30pm: Illegal traps on Invercauld Estate part 2 here

UPDATE 4.45pm: An astonishing statement from Invercauld Estate here

UPDATE 23 July 2016: SGA statement re: illegal traps found on Invercauld Estate here

MSPs taken for a ride in the Angus Glens

The Angus Glens Moorland Group, part of the grouse shooting industry’s ludicrous propaganda campaign The Gift of Grouse, has been on a charm offensive.

They’ve recently hosted visits for three MSPs, who’ve all been taken for a ride across the Angus Glens grouse moors. The idea, presumably, was to depict grouse moor management techniques in a highly favourable light.

The three visiting politicians were Mairi Evans (SNP), Alex Johnstone (Conservative) and Liam Kerr (Conservative).

One of the three MSPs took to social media after his visit, and you can see the charm offensive had clearly worked on him:

Liam Kerr MSP TWITTER

Liam Kerr MSP FB

To be fair to Liam Kerr, he can only go on what he was told/shown on the day. What a shame MSP Andy Wightman (Scottish Greens) wasn’t along for the ride. He undoubtedly would have had some uncomfortable questions for these estates. Questions like, ‘How do you explain the following?’:

2004 May, near Edzell: long-eared owl and two short-eared owls starved to death in crow cage trap.  No prosecution.

2004 May, Invermark Estate: peregrine nest destroyed. No prosecution.

2006 March, Glenogil Estate: poisoned rabbit bait (Carbofuran). No prosecution.

2006 April, Easter Ogil: poisoned buzzard (Alphachloralose). No prosecution.

2006 April, Easter Ogil: poisoned tawny owl (Alphachloralose). No prosecution.

2006 May, Glenogil Estate: poisoned rabbit bait (Carbofuran). No prosecution.

2006 June, Glenogil Estate: poisoned woodpigeon bait (Carbofuran). No prosecution.

2006 June, Glenogil Estate: Traces of Carbofuran found in estate vehicles & on equipment during police search. No prosecution. Estate owner had £107k withdrawn from his farm subsidy payments. This was being appealed, but it is not known how this was resolved.

2006 July, Millden Estate; poisoned sheepdog (Lindane). No prosecution.

2007 November, Glenogil Estate: Disappearance of radio-tagged white-tailed eagle ‘Bird N’ coincides with tip off to police that bird allegedly been shot. No further transmissions or sightings of the bird.

2008 May, ‘Nr Noranside’: poisoned white-tailed eagle ‘White G’ (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 May, ‘Nr Noranside’: poisoned buzzard (Bendiocarb). No prosecution.

2008 May, ‘Nr Noranside’: poisoned mountain hare bait (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 May, Glenogil Estate: 32 x poisoned meat baits on fenceposts (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 October, ‘Glenogil Estate: poisoned meat bait on fencepost (Carbofuran). No prosecution.

2009 March, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2009 March, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2009 April, Millden Estate: poisoned buzzard (Alphachloralose). No prosecution.

ALMD2009 July, Millden Estate: poisoned golden eagle ‘Alma’ (Carbofuran). No prosecution.

2009 August, Glenogil Estate: poisoned white-tailed eagle “89” (Carbofuran). No prosecution.

2010 May, ‘Nr Noranside’: poisoned red kite (Carbofuran). No prosecution.

2010 September, Glenogil Estate: poisoned buzzard (Chloralose). No prosecution.

2010 October, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2010 October, Glenogil Estate: poisoned pigeon bait (Carbofuran). No prosecution.

2010 October, Glenogil Estate: poisoned pigeon bait (Carbofuran). No prosecution.

2011 February, Airlie Estate: buzzard caught in illegal crow trap. (see below)

2011 March, Airlie Estate: 3 x buzzard caught in illegal crow trap. Prosecution (!) but dropped after statement from suspect given to SSPCA deemed inadmissible.

2011 April, Millden Estate: shot buzzard. No prosecution.

2012 April, ‘Nr Noranside’: Remains of buzzard found beside pheasant pen. Suspicious death.

2011 June, Rottal & Tarabuckle Estate: dead kestrel inside crow cage trap. No prosecution.

2012 February, ‘Nr Edzell’: spring-trapped buzzard. No prosecution.

2012 February, ‘Nr Bridgend’: remains of buzzard found under a rock. Suspicious death.

2012 May, Millden Estate: satellite-tagged golden eagle seemingly caught in spring trap, then apparently uplifted overnight and dumped on Deeside with two broken legs & left to die. No prosecution.

2012 May, Glen Esk: disappearance of sat-tagged red kite. No further transmissions or sightings of bird.

2013 January, Invermark Estate: white-tailed eagle nest tree felled. No prosecution.

2013 June, Glen Ogil: shot buzzard. No prosecution.

2013 July, Glen Moy: illegal hawk trap. No prosecution.

2013 September, nr Edzell: unset spring trap next to bait. No prosecution.

2013 November, Glen Lethnot: poisoned golden eagle ‘Fearnan’. No prosecution.

2014 October, Nathro: shot buzzard. Prosecution? Unknown.

Or perhaps another question might be, ‘Why haven’t hen harriers bred on your grouse moors since 2006?‘

Or another question, ‘Why are you slaughtering mountain hares and dumping their corpses in a stink pit?‘

Or another question, ‘Why are you bulldozing roads across the moors and putting up miles and miles of electric fences?‘

Sorry, grouse-shooting industry, you might be able to take some politicians for a ride but the rest of us aren’t quite so naive.

How to encourage hen harriers to breed on your grouse moor, Angus Glens style

bangers 2 - CopyBack in June we blogged about a ‘Scarey Man Birdscarer’ that had been filmed on a grouse moor in the Angus Glens (see here).

Here’s another one, filmed approximately a mile away from the first one, also in June. (Thanks to the contributor who sent these videos).

And just in case these weren’t enough to scare off any prospecting hen harriers (or any other ground-nesting birds for that matter), here’s another set of banger ropes found hanging on a gatepost on the same estate. We’ve blogged about how these work here.

It’s easy to see why hen harriers haven’t nested on grouse moors in the Angus Glens since 2006.

Meanwhile, the Angus Glens Moorland Group has been playing host to some visiting MSPs…more on that shortly…

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 8

Criminal proceedings continued on 15 July 2016 against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Mr Dick was sentenced in September 2015 and was given a £2000 fine (see here). Mr Dick attempted to appeal his conviction but this was refused on 15 July 2016 (see here).

Here’s a quick review of the proceedings against Andrew Duncan so far:

Hearing #1 (18th August 2015): Trial date set for 23rd Nov 2015, with an intermediate diet scheduled for 20th Oct 2015.

Hearing #2 (20th October 2015): Case adjourned. November trial date dumped. Notional diet hearing (where a trial date may be set) scheduled for 18th January 2016.

Hearing #3 (18th January 2016): Case adjourned. Another notional diet & debate scheduled for 11th March 2016.

Hearing #4 (11th March 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 4th April 2016.

Hearing #5 (4th April 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 3rd June 2016.

Hearing #6 (3rd June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 17th June 2016.

Hearing #7 (17th June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 15th July 2016.

Hearing #8 (15 July 2016): Case adjourned. Another notional diet scheduled for 2 August 2016.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to force four and a half years ago on 1st January 2012. To date there have been two successful convictions: one in December 2014 (see here) and one in December 2015 (see here).  One further case did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).

Rare success for hen harriers on Mar Lodge Estate, Cairngorms National Park

The National Trust for Scotland is celebrating the rare success of a hen harrier nest on its Mar Lodge Estate in the Cairngorms National Park – see press release here.

For the first time in decades, four chicks have been produced. This is a fantastic result and all credit to the estate managers of this walked-up grouse moor. Their management techniques are obviously a lot more sensitive than the intensive, damaging techniques seen on many driven grouse moors in this National Park and beyond.

One of the chicks has been satellite-tagged as part of the RSPB’s Hen Harrier Life Project, helped by Lush Cosmetics’ Hen Harrier Bathbomb fundraising campaign (here), and the public will be able to follow this young bird’s movements (and, let’s face it, her probable early demise) on the Life Project website (here).

hhmarlodge

Let’s hope she gets clear of the eastern side of the Cairngorms National Park ASAP, a well-known black hole for hen harriers (see here) and other raptors (e.g. see here, here, here, here, here).

Although, if there was an estate licensing scheme in place, holding the raptor-killing estates to account, perhaps she’d stand more chance of survival in this area? It’s worth a go – you can sign the petition urging the Scottish Government to introduce such a licensing scheme HERE.

Photo of the satellite-tagged Mar Lodge hen harrier by Shaila Rao.

The Real Price of Grouse: Episode 1

NotsoGlorious-black-bg - Copy

In the run up to the Inglorious 12th (the opening of the grouse-shooting season on 12 August), you’ll be able to watch a series of videos hosted by Chris Packham about the #NotSoGlorious damaging management practices associated with the driven grouse shooting industry. Here’s episode 1:

Over 60,000 people have joined Chris and signed the e-petition to ban driven grouse shooting. You can too. We need 100,000 signatures to trigger a Westminster debate. Please sign HERE 

Thank you!

New blog exposing grim reality of grouse moor ‘management’ in Scotland

There’s a great new blog that’s well worth following: UPLAND EXPOSURE

Written by two professional ecologists, the blog offers an insight to the grim reality of upland management in the Scottish Highlands, and has already provided evidence of the disgraceful ‘management’ practices of driven grouse moors, including the erection of mountain hare-proof fences across the moors, ‘designed to split up mountain hare populations making them easier to eradicate because immigration of other hares is stopped’.

This photo is taken from their blog. It’s a ‘stink pit’ (or midden) containing the decomposing bodies of mountain hares. These stink pits are used to attract foxes and other predators, which are then killed in snares and added to the pile of rotting corpses. The photo was taken on the boundary of a grouse moor and forest near Inverness.

hare stink pit via UplandExposure

Conviction upheld for buzzard-killing gamekeeper from Newlands Estate

In April 2016 we blogged about a Scottish gamekeeper who was appealing his conviction for killing a buzzard (here).

In August 2015, gamekeeper William (Billy) Dick, now 26, was found guilty of killing a buzzard on the Newlands Estate, Dumfriesshire, in April 2014. Two witnesses had observed him striking the buzzard with rocks and then repeatedly stamping on it (see here). In September 2015 he was sentenced: £1,500 fine for killing the buzzard and £500 for possession of the dead buzzard (see here).

Mr Dick had maintained his innocence throughout the trial and had claimed he was elsewhere when the offence took place (see here).

Mr Dick’s appeal was heard in May (here) and we’ve been waiting for the written judgement from that hearing. Yesterday, that written judgement was published and Mr Dick’s appeal was thrown out.

The judgement itself is well worth a read (see here) as it explains not only the evidence used to convict Mr Dick, but also the grounds for his appeal, which basically centred on what time Mr Dick and his line manager (Head Gamekeeper) had left a BASC training course in Dunkeld. Mr Dick has always argued he couldn’t have been the person observed killing the buzzard because he was still travelling back to Newlands Estate from Dunkeld at the time the observation was made. The Sheriff in the original trial had preferred the testimony of the two witnesses (tenants on Newlands Estate who knew gamekeeper Mr Dick) to the testimony of Mr Dick and his Head Gamekeeper.

You might think that 21st Century technology could easily have resolved this issue. For example, did the vehicle in which Mr Dick and his Head Gamekeeeper were travelling not pass any Automated Number Plate Recognition (ANPR) cameras enroute from Dunkeld to Newlands Estate? Surely that would have provided conclusive evidence about the timing of their journey? Apparently not.

Mr Dick’s appeal was heard by three senior judges: Lord Carloway (Lord Justice General), Lord Menzies, and Lord Bracadale. In the written judgement, each of these three judges state their individual opinion about the case and explain the reasoning behind their decisions. Two of the judges (Carloway and Bracadale) considered that the appeal should be refused. The other judge, Menzies, considered that there were sufficient grounds for appeal. [Interesting to note, according to Wikipedia, Lord Menzies’ interests include shooting]. The appeal was rejected 2:1 against.

This is a rare success and the SSPCA, Police Scotland, and Crown Office deserve credit for their efforts. Special credit to the two witnesses who risked a lot to bring this criminal to justice.

As Mr Dick’s criminal conviction has now been upheld, presumably this will now allow the prosecution to proceed against Andrew Duncan, the Newlands Estate landowner, for alleged vicarious liability of Mr Dick’s crimes. The case against Mr Duncan has been repeatedly delayed (see here) while Mr Dick’s appeal was underway.

Mr Dick’s failed appeal also leads us back to several questions we asked at the time of his conviction in August 2015. These were:

  1. Is/was criminal gamekeeper William (Billy) Dick a member of the Scottish Gamekeepers’ Association? The SGA refused to comment on Mr Dick’s membership status at the time, saying they ‘wanted to wait until the legal process had concluded’. Well, now Mr Dick’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishgamekeepers.co.uk
  2. Will Scottish Land & Estates now expel the Newlands Estate from the ranks of SLE membership? SLE said at the time that Newlands Estate’s membership of SLE had been ‘voluntarily suspended’ pending on-going legal proceedings. Well, now the gamekeeper’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishlandandestates.co.uk
  3. Will the Newlands Estate’s accredited membership of Wildlife Estates Scotland (WES) now be revoked? The conditions of membership of this scheme include: “the requirements to maintain best practice standards of animal welfare and comply with all legal requirements and relevant Scottish codes of practice”. At the time of Mr Dick’s conviction, a spokesperson for WES said the Newlands Estate’s membership and accreditation of WES had been ‘voluntary suspended’ pending the outcome of legal proceedings. Well, now the gamekeeper’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishlandandestates.co.uk

We’ll also be watching closely to see whether the Newlands Estate will now be subject to a General Licence Restriction from SNH. If you recall, this restriction may be imposed by SNH where evidence of raptor crime is apparent and it has been available as a sanction for offences committed since 1 January 2014. Mr Dick killed the buzzard on Newlands Estate in April 2014. Although, even if the GL restriction is put in place, the estate can easily side-step it by applying for an ‘individual’ licence instead (e.g. see here).

Had there been a gamebird licensing scheme in place, the Newlands Estate could now have been facing a temporary ban on pheasant shooting for a number of months/years. At the moment, no such licensing scheme exists, but a petition has recently been launched by the Scottish Raptor Study Group, asking the Scottish Government to introduce such a licensing scheme. You can sign the petition HERE

Case against gamekeeper Stanley Gordon re: shot hen harrier, part 3

Criminal proceedings continued at Elgin Sheriff Court yesterday against Scottish gamekeeper Stanley Gordon.

Mr Gordon, 60, of Cabrach, Moray, is facing charges in connection with the alleged shooting of a hen harrier in June 2013.

The case continued without plea and the next hearing will be 11 August 2016.

Previous blogs on this case here and here