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Moorland Association prematurely claims hen harrier brood meddling trial “a remarkable success story” & wants it rolled out as annual licence

The Moorland Association, a lobby group for grouse moor owners in England, has jumped the gun and prematurely declared the 7-year hen harrier brood meddling trial “a remarkable success story” and says its Board has decided to apply to Natural England for what it describes as a ‘conservation licence’ to permit continued hen harrier brood meddling on an annual basis now that the trial has ended (see Moorland Association blog here).

For new blog readers, the hen harrier brood meddling trial was a conservation sham sanctioned by DEFRA as part of its ludicrous ‘Hen Harrier Action Plan‘ and carried out by Natural England between 2018 – 2024, in cahoots with the very industry responsible for the species’ catastrophic decline in England. In general terms, the plan involved the removal of hen harrier chicks from grouse moors, they were reared in captivity, then released back into the uplands just in time for the start of the grouse-shooting season where many were illegally killed. It was plainly bonkers. For more background see here and here.

Hen harrier photo by Laurie Campbell

I’ve written a bit about hen harrier brood meddling this year, including the news that no hen harriers were brood meddled in the trial’s final year (2024) and possible reasons why that might have been (here) and the news that one of the project partners, the Hawk & Owl Trust, has recently withdrawn from the project now the trial has ended (here).

We also know that Natural England is “currently reviewing and analysing the data” [from the brood meddling trial] and that this is “a process which will be concluded later this year.  These findings will play a critical role in informing Natural England’s judgement as to the effectiveness of brood management as a conservation technique“. 

As a reminder, the brood meddling trial, initially set up as a five-year trial and later extended for a further two years, was supposedly designed to test two specific objectives:

  1. The practicalities of brood management: can [hen harrier] eggs or chicks be taken from the wild and raised in captivity, can those chicks be released back in to the wild and the implications for their subsequent behaviour and survival;
  2. Changes in societal attitudes by those involved in upland land management to the presence of hen harriers on grouse moors with a brood management scheme in place.

It’s quite clear that objective 1 has been answered by the trial – although chicks rather than eggs have been brood meddled due to concerns about transporting the eggs from the nests over rough terrain, but that’s no big deal in terms of assessing the viability of the objective.

But what about objective 2? It seems pretty clear to me that apart from the handful of estates involved in the brood meddling trial (whether they be ‘donor’ or ‘receptor’ sites), that a high level of illegal hen harrier persecution continues amongst the wider grouse moor industry (128 hen harriers reported as ‘missing’/illegally killed so far since the trial began in 2018, including at least 30 brood meddled hen harriers) and the killing is on such a scale that the police have had to set up a new Hen Harrier Taskforce, designed to use techniques usually seen when dealing with serious and organised crime, to address the ongoing criminality.

It’s obvious then that attitudes towards hen harriers from within the wider grouse shooting industry have not changed as a result of the trial, so the Moorland Association’s claim of the trial being “a remarkable success story” is unsubstantiated nonsense.

Incidentally, Natural England has already produced an interim report (in April 2022) on the social science aspect of the brood meddling trial, which is hilariously bad, but I’ll write about that separately as it deserves its own blog post.

Back to the Moorland Association’s premature announcement that it intends to apply to Natural England for a (currently non-existent) ‘conservation licence’ to continue hen harrier brood meddling, the MA states that, “This approach fits with global guidelines on wildlife conflict resolution, produced by the International Union for the Conservation of Nature (IUCN)“.

On the contrary, those IUCN guidelines are quite clear that animal translocations (in the context of human/wildlife conflict, as opposed to translocations for conservation purposes) should not take place if the perceived ‘problems’ caused by that species at the original location (in this case, on driven grouse moors) would simply be transferred to the new location(s). We’ve already seen that removing hen harrier chicks from a few grouse moors and releasing them somewhere else does not fix the problem – hen harriers are still not tolerated on other grouse moors and continue to be killed.

It’s also interesting that the Moorland Association’s blog details what it claims to be “the format of the conservation licence“, when that licence doesn’t even exist, let alone any details of its format/content! The Moorland Association claims the format includes, “A single release site” [for brood meddled hen harriers], presumably to get around the problem of there not being sufficient receptor sites willing to take the brood meddled harriers, and, “No further requirement for satellite tags“, presumably because the data from current satellite-tagged hen harriers have been so very effective at revealing the devastating extent of ongoing hen harrier persecution (e.g. see here and here). Awkward!

My guess is that the Moorland Association has made this announcement now, knowing full well that Natural England is still in the process of evaluating the success/failure of the brood meddling trial and the MA is using this announcement as a way of piling on the pressure on Natural England.

I’m really looking forward to Natural England’s full evaluation of the brood meddling trial, apparently due by the end of this year. And maybe by then it’ll also provide updates about the current ongoing police investigations into hen harriers that have died/gone ‘missing’ this year.

UPDATE 14 April 2025: Natural England / DEFRA turns down licence application for hen harrier brood meddling in 2025 (here)

Translocation of white-tailed eagles to Cumbria – public consultation opens & ill-informed hysteria begins

A proposal to translocate white-tailed eagles to Cumbria that has been in development for a number of years (see here) has reached the public consultation stage.

The Cumbrian White-tailed Eagle Project is being overseen by a steering group comprising the University of Cumbria, Cumbria Wildlife Trust, The Lifescape Project, RSPB, the Wildland Institute, the Lake District National Park Authority alongside local estate owners and managers.

According to the steering group, research has indicated that Cumbria has sufficient suitable habitat to support a population of white-tailed eagles and the county is considered an important strategic location to encourage links between other populations in Scotland, Ireland and Northern Ireland and the south of England.

The group is now engaging with the public to listen to views on bringing back this species to Cumbria and has begun a series of drop-in sessions, meetings and workshops (details here).

Unsurprisingly, this news has triggered the usual idiotic fear-mongering hysteria about white-tailed eagles based on ignorance and a persistent Victorian attitude to raptors, led, of course, by The Telegraph:

This is just lazy journalism. Had The Telegraph bothered to undertake any research at all, it would know that a series of scientific studies have shown that white-tailed eagles are generalist predators with a broad diet, and the most recent study from Scotland (here) shows that lambs are not an important food source for this species but marine prey is. This finding is also supported by a recent dietary study from the WTE Isle of Wight Reintroduction Project (here), which also concluded “there have been no cases of livestock predation since the project began“.

The hysteria was continued by this tweet from Mark Robinson, a farmer in North Yorkshire whose Twitter bio says he’s also the Reform Party spokesperson for the Thirsk and Malton Constituency (having failed to get elected in June). According to Farmer Robinson, the eagles will be ‘snatching up babies’ -:

It sounds like Farmer Robinson has been reading the discredited guff of the Scottish Gamekeepers Association, who has previously written to the Scottish Government about concerns that white-tailed eagles might eat children (here).

UPDATE 23 October 2025: Should White-tailed Eagles be reintroduced to Cumbria? Another questionnaire seeks your views (here)

Lincolnshire man summonsed to court in relation to poisoning of red kite & buzzards

Statement from Lincolnshire Police, 30 September 2024:

A 40-year-old man has been summoned to court for offences relating to killing or taking birds of prey.

John Bryant, of West Ashby, Horncastle, has been summoned to court following an investigation into reports of three birds of prey, a red kite and two buzzards, being poisoned and killed over a five year period between 2017 and 2022.

He will appear at Boston Magistrates’ Court on 16 October 2024.

ENDS

No further details are available yet.

NB: As this case is live comments are turned off until criminal proceedings have concluded.

Red kite photo by Andy Howard

UPDATE 17 October 2024: Lincolnshire man in court facing charges relating to poisoning of red kite and buzzards (here)

UPDATE 24 November 2024: Lincolnshire man faces trial in relation to poisoned red kite and buzzards (here)

UPDATE 12 March 2025: Lincolnshire gamekeeper guilty of multiple offences in relation to deaths of red kite and buzzards (here)

Trial date set in relation to dumping of dead raptors & hares outside Broughton Community Shop, Hampshire

James Kempster, 37, of Bury Brickfield Park, Totton made a second appearance at Southampton Magistrates Court on 23 September 2024 to face charges in relation to the dumping of approximately 50 hares, a shot barn owl and a shot kestrel outside Broughton Community Shop near Stockbridge, Hampshire in March this year.

The shot kestrel and shot barn owl had been impaled on the shop door handles and blood & guts had been smeared over the windows. Photo: Broughton Community Shop

Hampshire Police charged Kempster in August with possessing live/dead Schedule 1 wild bird or its parts, possessing live/dead non-Schedule 1 wild bird or parts, and causing £5,000 worth of criminal damage to the shop window.

He had first appeared in court on 10th September but the case was adjourned. Appearing again in court on 23rd September, Kempster pleaded not guilty to all charges and a trial date has been set for 7 May 2025.

Kempster was released on bail on condition that he doesn’t enter the village of Broughton.

Previous blogs on this case hereherehere, here and here.

As this case is live, comments are turned off until criminal proceedings have concluded so as not to jeopardise the case.

White-tailed eagles: First breeding pair confirmed in Northern Ireland in over 150 years

Press release from Northern Ireland Raptor Study Group:

White-tailed eagles: First breeding pair confirmed in Northern Ireland in over 150 years

White-tailed Eagles have bred in Northern Ireland for the first time in more than 150 years in Co. Fermanagh.

News of the discovery was welcomed by the Northern Ireland Raptor Study Group (NIRSG) and RSPB.

White-tailed Eagles, a native component of Irish wildlife, were reintroduced to Ireland by the Golden Eagle Trust (GET) and National Parks and Wildlife Service (NPWS) between 2007 and 2011, with the aim of establishing a viable population following extinction from Ireland in the late 19th century.

White-tailed eagle photo by Dr Marc Ruddock

From 2007 to 2011, 100 eagle chicks were brought from Norway and were released in Killarney National Park, Co. Kerry. Phase 2 of the reintroduction, by NPWS, continued in 2020 with more young individuals released at a number of sites across Ireland to bolster the population. Released birds were wing-tagged, with tag colours relating to their year of birth and codes to identify individuals, and many were fitted with satellite tags to provide accurate details of their locations.

The pair that have bred in Northern Ireland are only four years old and were released on the shores of Lough Derg, Co Tipperary in 2020, having been brought from Norway in phase 2 of the Irish reintroduction programme. It is an incredible achievement that this pair of first-time breeders, have successfully fledged one chick. The success of this pioneering couple confirms that the wetlands, woodlands and farmlands of Co. Fermanagh provide ideal habitats for this species.

The White-tailed Eagle, or ‘sea eagle’, is the UK’s largest bird of prey, standing at almost 1 meter tall, with a huge wingspan of up to 2.4 metres and a distinctive white tail, as their name suggests.  The wings are very broad, and the birds are often described as a ‘flying barn door’.

Young White-tailed Eagles often roam widely in their first few years of life, before finding a breeding territory and a mate.  They are found near open water, either coastal or fresh. They can live to over 20 years of age, and usually begin breeding at 5 years old. They depend on the availability of large, mature trees in undisturbed areas in which to build their nests and good quality foraging and fishing habitats.

Dr Eimear Rooney from NIRSG said “The confirmation of this eagle species breeding in Northern Ireland corrects a multi-generational absence, symbolising the restoration of a once extinct species and highlighting the importance of wetlands, woodlands and farmland habitats on which many of our raptors depend”.

From reviewing satellite data provided by NPWS we had an idea that the birds were nesting, but with young eagles nothing is guaranteed. I can’t describe the adrenalin rush the moment I saw the chick earlier this year and confirmed that the birds were not only nesting but had successfully reared a chick” she said.

The well camouflaged WTE chick on the nest. Photo: NIRSG

Dean Jones, Investigations Officer from RSPB NI said: “The return of breeding White-tailed eagles to Northern Ireland is a true testament to the power of conservation and really showcases the awe-inspiring resilience and adaptability of our natural world.  The poisoning of the two White-tailed eagles in Glenwherry in May 2023 was devastating, however, to have this pair breeding successfully, under the protection of a caring local farmer, really illustrates how humans and birds of prey can exist in harmony.”

Dr Marc Ruddock, from the NIRSG said “We had been anticipating this for a few years and the reintroduction programmes, has resulted in real conservation successes across the Island of Ireland. It’s a great result for the dedication and hard work of many individuals for many years and testament to the resilience of nature and wildlife in its capacity for restoration and renewal if given the space and habitats to thrive.”

Gregory Woulahan, Operations Director from RSPB NI praised the efforts of the local farmer whose actions to keep the site private and minimise disturbance no doubt created the conditions for these young birds to rear their first chick.  It is hoped this chick will reach adulthood and return to breed in 4-6 years boosting the population of these birds alongside creating tourism opportunities for the rural economy and the implementation of further efforts to boost and restore spaces for nature.

ENDS

Hawk & Owl Trust withdraws from hen harrier brood meddling sham

Blimey! I wasn’t expecting to hear this, but according to an article posted on the BirdGuides website (here), the Hawk & Owl Trust has finally decided to walk away from the hen harrier brood meddling sham.

I haven’t been able to find anything published about it on the Hawk & Owl Trust website but as Chief Operations Director Adrian Blumfield is quoted in the BirdGuides article we can assume there’s more substance to it than just rumour:

While the Hawk and Owl Trust has supported the Brood-Management Trial to foster co-operation and dialogue between conservationists and land managers, it has always maintained a position that any approach must be guided by robust scientific evidence.

As the licence comes to a natural conclusion, we believe it is the right time to redirect our efforts toward other conservation initiatives where we can continue to make a meaningful impact.

The challenges facing Hen Harrier are indicative of broader issues impacting birds of prey and other wildlife across the UK. Looking ahead, the Hawk and Owl Trust remains dedicated to working collaboratively with partners and stakeholders, developing practical, long-term solutions that protect our most vulnerable wildlife species while balancing the interests of the people who share their environment“.

Hen harrier photo by Pete Walkden

Many of you will remember the Hawk & Owl Trust’s shocking decision in 2014-2015 to get in to bed with the grouse shooting industry in support of hen harrier brood meddling (here). It not only got into bed with them, it pulled up the duvet and stuck in some heavy duty ear plugs, refusing to be budged.

It cost the Trust dearly, as their President (Chris Packham) resigned, a load of members cancelled their subscriptions, and the charity’s credibility has never recovered in conservation circles. Much of the Trust’s decisions seemed to be led by the then Chair, Philip Merricks, but Trust statements at the time claimed that the decisions had the full backing of the Board of Trustees (at least two of whom were directly involved with the brood meddling trial, which seemed a bit questionable).

The Trust claimed to have several ‘immoveable conditions’ attached to its participation in brood meddling, not least that it would pull out ‘if any member of the moorland management organisations were found to have illegally interfered with or persecuted a hen harrier on their moors’ (here). We later learned that the ‘immoveable conditions’ were actually very moveable indeed (see here) and weren’t worth the paper they’d been printed on.

Needless to say, persecution continued and even when one of the hen harriers (called Rowan), satellite-tagged by Natural England in association with the Hawk & Owl Trust, was found dead with clear shotgun injuries to its leg, the Trust did all it could to avoid admitting the bleedin’ obvious (e.g. see hereherehere).

Even when the shotgun injuries were proven on Rowan, the Hawk & Owl Trust continued its charade (see herehere and here).

So whilst the Hawk & Owl Trust’s withdrawal from the brood meddling sham doesn’t appear to be based on principle per se (if it was, they should have left years ago when it was obvious that illegal persecution was continuing), nevertheless their withdrawal will be seen as a blow to the grouse moor industry because they often used the Hawk & Owl Trust’s involvement as a signal that ‘raptor conservationists’ were supportive of the sham trial.

As I mentioned a couple of days ago (here), Natural England is currently ‘reviewing and analysing the data’ from the hen harrier brood meddling sham before making a decision about whether or not to roll out brood meddling as an annual so-called ‘conservation licence’. The findings of that review will apparently be available by the end of this year.

UPDATE 21 November 2024: More detail on Hawk & Owl Trust’s withdrawal from hen harrier brood meddling sham (here).

Wild Justice lodges formal complaint to Competition & Marketing Authority about Marks & Spencer & Waitrose falsely claiming their gamebirds have not been shot with toxic lead ammunition

Press release from Wild Justice (26 September 2024):

Environmental campaign group Wild Justice has lodged a complaint to the Competition and Marketing Authority about false claims made by Waitrose and Marks & Spencer in relation to selling game meat contaminated with toxic lead shot.

Maximum legal lead levels are set for meats such as beef, pork, chicken etc. but not, utterly bizarrely, for game meat, even though the Food Standards Agency warns that, ‘Eating lead-shot game regularly can expose you to potentially harmful levels of lead. Those who eat lead-shot game should be aware of the negative health effects and try to minimise exposure.

Exposure to lead can harm the developing brain and nervous system. Minimising the amount of lead-shot game eaten is especially important for children, pregnant women and women hoping to conceive’.

Nevertheless, with a nod to growing concerns about the impact of toxic lead ammunition on public health, wildlife and the environment, in recent years both Waitrose and Marks and Spencer have stated publicly that they no longer stock gamebirds (Pheasants and Red-legged Partridges) that have been shot with lead ammunition.

However, research undertaken by Wild Justice during the last gamebird shooting season (1 September 2023 – 1 February 2024) shows that some of their products still contain high levels of lead contamination that would exceed the legal limit stipulated for other (non-game) meat, in some cases more than five times above the legal limit (Marks & Spencer’s Pheasants – here) and over 65 times above the legal limit (Waitrose’s game casserole mix – here).

Game meat products contaminated with toxic lead shot and ironically branded under Waitrose’s ‘No.1 The Best‘ range, on sale in January 2024. Photo: Ruth Tingay

The Competition and Marketing Authority (CMA) has a ‘green claims code’ that provides guidance for businesses making environmental claims about their goods and services. Wild Justice has provided evidence to the CMA that the claims being made by Waitrose and Marks and Spencer about no longer stocking game meat that has been shot with lead ammunition breaches the CMA guidance requiring marketing claims to be ‘truthful and accurate’ and ‘substantiated’.

Wild Justice said: “It is clear from our lab testing results that the repeated claims made by both Marks and Spencer and Waitrose that they no longer stock game meat that has been shot with lead ammunition are neither truthful or accurate.

“Our results also suggest that neither supermarket has undertaken independent testing to substantiate their claims that they no longer stock lead-shot game meat. Instead they appear to have relied upon assurances from their suppliers that the products are lead-free, and in the case of Waitrose this irresponsibility has continued even after we have made them aware of our results over a number of years.

“Marks and Spencer has now sold lead-contaminated game meat for two seasons since claiming to have gone lead-free and Waitrose has sold it for three seasons since making the same claim.

“Customers of these major supermarkets expect honesty and transparency about the products they buy, including the environmental impact of their purchases. They also expect not to be deceived about the risks to their health and that of their children by consuming poisonous meat.

“We look forward to the consideration of our findings by the CMA”.

ENDS

Scotland’s landmark ban on snares will commence 25 November 2024

A full ban on the use of snares was passed by the Scottish Parliament in March 2024 as part of the Wildlife Management & Muirburn (Scotland) Act (here), although it wasn’t clear when the snare ban would actually begin.

This was a significant victory for animal welfare campaigners, especially the League Against Cruel Sports and OneKind, but also many others, who have spent decades putting forward evidence that these devices, cynically named ‘humane cable restraints’ by the game-shooting industry, are cruel, indiscriminate and inhumane and have no place in modern society.

A snare placed close to a ‘stink pit’ (a heap of rotting animals) designed to attract predators such as foxes. Photo: OneKind

Earlier this month, Green MSP Ariane Burgess lodged a parliamentary question asking the Scottish Government for clarity on the commencement date of the snare ban (see here).

Yesterday, Agriculture Minister Jim Fairlie MSP provided a response and has stated that the snare ban is expected to come into force on 25 November 2024:

It appears from Jim Fairlie’s words that the ban will be immediate, with no ‘phasing-out’ period.

This is excellent news. Well done to everyone involved in this landmark legislation. That’s Wales and Scotland….England next?

Natural England reports drop in hen harrier breeding attempts

Last week Natural England published its results of the 2024 hen harrier breeding season and has reported a drop in breeding attempts (here).

This drop has been mainly attributed to poor weather, which is a reasonable assumption, although I’m pretty sure that it’s also been rainy in Northumberland (especially Kielder) and Bowland, where hen harriers continue to do well on land that isn’t managed for grouse shooting. Hmm, funny that.

And in the North Pennines, two pairs bred successfully on the RSPB’s Geltsdale reserve producing eight fledglings, the most successful breeding season there since the 1990s (here) and thanks in no small part to the round-the-clock nest protection provided by the RSPB. It also helps that none of the breeding males were found dead with shotgun injuries on the neighbouring grouse moor.

Hen harrier photo by Pete Walkden

Disappointingly, Natural England’s end-of-season blog does not even mention any of the ongoing police investigations into dead/’missing’ hen harriers this year (currently 8 that we know about), let alone provide any level of detail about the causes of death. This lack of transparency has become Natural England’s hallmark.

Nor does the blog say anything about the collapse of its hen harrier brood meddling sham trial, other than ‘No nests were brood managed in 2024‘. We already knew that (see here) but I suppose it was a bit much to expect NE to admit to being mugged off by the grouse shooting industry in which it had ludicrously placed so much trust.

The blog does say that NE is “currently reviewing and analysing the data” [from the brood meddling sham trial] and that this is “a process which will be concluded later this year“. NE intends to use its findings to assess whether brood meddling will be rolled out as an annual so-called ‘conservation licence’. This seems an utterly untenable proposition given that (a) at least 128 hen harriers have been illegally killed or gone ‘missing’ in suspicious circumstances, mostly on or close to grouse moors, since brood meddling began (here) and (b) Andrew Gilruth, the CEO of NE’s main brood meddling partner, the Moorland Association, has recently been booted off the national police-led effort to tackle raptor persecution for “wasting time and distracting from the real work” of the Hen Harrier taskforce (here).

I look forward to NE’s brood meddling analysis with great interest. I wonder whether it’ll be as shabby as NE’s behaviour revealed in two examples this morning (see here and here)?

Scottish Gamekeepers Association’s ‘training centre chief’ defends actions of man subsequently convicted of “reckless & deplorable” wildlife crime

Last week 51-year old Dylan Boyle was found guilty at Kirkaldy Sheriff Court in connection with the digging and blocking of an active badger sett during an outing with the Fife Fox Hunt in January 2023 (see Police Scotland press statement here, where the police describe Boyle’s actions as “reckless and deplorable“).

This is an interesting case, not just because Boyle is reportedly an ex-gamekeeper but because part of his (unsuccessful) defence was apparently based upon testimony from an expert witness who just happens to be the ‘chief’ of the Scottish Gamekeepers Association’s (SGA) ‘training centre’.

Why is that important? Well, because the SGA is positioning itself to provide the mandatory training courses as required by those operating grouse moor licences under the new Wildlife Management & Muirburn (Scotland) Act 2024.

I’ll come back to that. First, here’s some more important background information about the case, as provided in a press release by the League Against Cruel Sports (Scotland) –

Man found guilty on two charges for wildlife crimes

  • Charge 1, digging a badger sett. Contrary to the Protection of Badgers Act 1992.
  • Charge 2, blocking a badger sett. Contrary to the Protection of Badgers Act 1992.

A former terrier man with the Berwickshire and Fife Fox Hunts, Dylan Boyle, has been found guilty on two charges related to the destruction of a badger sett, by digging into an active badger sett and deliberately blocking entrances to the sett with rocks, nets and earth using a spade. The conviction was supported by covert film evidence captured by the animal charity, League Against Cruel Sports.

Dylan Boyle, aged 52, a transport officer who lives in Avonbridge, pled not guilty at a three-day trial which concluded on Friday 13th September 2024 at Kirkcaldy Sheriff Court.  

Sentencing was deferred until the 13th of March 2025, but potential penalties for interfering with a badger sett include a maximum of 12 months imprisonment and / or a £40,000 fine.

The incident, which took place in January 2023 near Cupar, was witnessed and filmed by a Field Research and Investigations Officer for the League Against Cruel Sports who was monitoring the activities of the Fife Fox Hunt, which the terrier man was operating alongside at the time.

During the three-day trial the court was shown video footage of Boyle digging a badger sett. The League Against Cruel Sports investigator also gave verbal evidence relating to the blocking of the badger sett entrances.

On the second day of the trial three other charges were dropped. Two of these related to the treatment of a fox, in which it had been alleged Boyle had pulled a fox out from underground, shot it twice and encouraged his dog to attack and bite at the fox.

Screen grab from video footage of Boyle taking photos whilst a dog savages a fox that Boyle had dug out from a badger sett

The third charge to be dropped was the entering of a dog into an active badger sett, a serious offence concerning the welfare of the protected badgers as well as the dog. According to the Sheriff, the evidence that was presented in court by the Fiscal Prosecutions Officer was not sufficient to bring about a conviction on this occasion. During the final day’s trial, Boyle admitted entering his dog underground.

Sheriff Mark Alan found Boyle guilty on the charges of digging a badger sett and blocking a badger sett, both contrary to the Protection of Badgers Act 1992.

The Sheriff, in summing up, commented that he was very satisfied with the evidence given by the experts from the League Against Cruel Sports, stating that he was “satisfied that Boyle knowingly dug and blocked an active badger sett with disregard to the welfare of the badgers”.  

The Sheriff also stated that if Boyle is caught committing further crimes between now and his sentencing in March 2025, then he could be facing jail time.

Robbie Marsland, Director of Scotland and Northern Ireland for League Against Cruel Sports, welcomed the guilty verdict and said: 

I’m very pleased that the League Against Cruel Sports’ vigilant fieldworkers were able to provide Police Scotland with video evidence that led to this successful conviction.

Crimes against wildlife are all too common in Scotland and I hope this case will serve to remind people like Mr Boyle that our cameras can be anywhere.”

ENDS

The League Against Cruel Sports has published its video footage of the crime scene which provides an insight of Boyle’s offences:

As mentioned above, it’s reported that the defence called Alan Tweedie as an expert witness to defend Boyle’s actions. Alan Tweedie is the SGA’s Training Centre ‘chief’ (here).

According to a member of the public who attended the trial, Tweedie told the court he was an ex-gamekeeper and is now self-employed and works for the SGA providing training courses for gamekeepers.

Tweedie was asked whether he had seen the video evidence, and he told the court that he had. He was asked whether he’d seen anything in the video footage that he thought was wrong and Tweedie reportedly told the court that he saw nothing wrong in Boyle’s actions.

Given Boyle’s subsequent convictions, based on the League’s video evidence, it’s of significant concern that Alan Tweedie didn’t spot the wildlife crime offences described by Police Scotland as “reckless and deplorable”.

If this is the view of the SGA’s ‘training centre chief’ what confidence can be placed in the SGA’s ability to provide suitable training that would meet the requirements of the Wildlife Management & Muirburn (Scotland) Act 2024?

I should say here that I’m far as I’m aware, it hasn’t yet been decided who will provide the training requirements brought in under the new legislation. I understand that NatureScot has been consulting with a number of organisations (including animal welfare and conservation groups) about its proposed plans but that these discussions have so far mostly focused on the training content rather than who will deliver it. Although if you look on the SGA’s website, the SGA is quite clearly positioning itself to deliver the training elements associated with corvid and spring trap use (see here).

One to watch.

UPDATE 17.00hrs: There’s more commentary on the trial written by Jamie McKenzie in an article posted on 18 September in The Courier, although it sits behind a paywall. Here are the interesting bits:

Former gamekeeper Dylan Boyle, 51, was filmed by investigators from the League Against Cruel Sports (LACS) at a farm at Letham, near Cupar, on January 10 last year.

During a trial at Kirkcaldy Sheriff Court he had denied two charges of interfering with a badger sett by digging and damaging it and obstructing access by blocking an entrance with rocks.

Boyle, of Avonbridge near Falkirk, told the trial he had been there with a terrier dog to control foxes that day.

He insisted it was not an active badger sett and he only saw fox holes.

The trial heard an ecologist and police officer went to the site the next day and found tell-tale signs of an active badger sett, as had an LACS investigator on the day of the offence.

The court heard key indicators included D-shaped entrance holes – fox holes are more oval-shaped – and badger hair, scratch marks, bedding material and latrines.

Prosecutor Gerard Drugan put to Boyle he was suggesting experts were wrong about the presence of badger holes, to which the accused replied: “That could have happened the night before – they (experts) were there the following day.”

Mr Drugan said: “Your position is that somehow, overnight, badgers moved into the locus and reshaped the holes?”

Boyle replied: “Yes.”

The fiscal depute said: “But (the LACS investigator) saw they were badger holes?”

Boyle, who said he had studied gamekeeping and wildlife management at college, said: “He could be wrong.”

The fiscal said: “People who have spent a long time being involved with badgers are wrong?

“(The LACS investigator) was wrong,” Boyle responded.

Sheriff Mark Allan said he was satisfied it was an active badger sett on the key date and found Boyle guilty of two charges in contravention of the Protection of Badgers Act 1992.

The sheriff told Boyle: “I am satisfied you both dug the badger sett and obstructed the sett and did so with reckless disregard as to the consequences of your actions.”

Making reference to Boyle’s own background, education and knowledge, the sheriff said: “You should take care, you should not show reckless disregard for what it was you were doing on that particular occasion.

“You require to be careful and ensure what you are not doing is interfering with a badger sett.”

Sentence was deferred for six months, until March 13, for Boyle to be of good behaviour.

ENDS

UPDATE 18 March 2025: Former Scottish gamekeeper receives pathetic sentence for digging Badger sett (here)