31 eagles, 7 years, 0 prosecutions

In April 2012, we wrote an article called ’21 eagles, 6 years, 0 prosecutions’ (see here).

In September 2012, we updated it and called it ’26 eagles, 6 years, 0 prosecutions’ (see here).

In July 2013 we updated it again. This time, ’27 eagles, 7 years, 0 prosecutions’ (see here).

Here’s the latest version: 31 eagles, 7 years, 0 prosecutions.

This article should provide some context the next time you hear someone (usually from the game-shooting industry or from the government) say that “we’re making real progress in the fight against raptor persecution”. So much ‘progress’ in fact that 13 of these eagles have been lost in the last 3 years; 4 of them this year, the so-called Year of Natural Scotland.

As before, a number of eagles included in this list (7 of them, to be precise) may not be dead. However, they are included here because their satellite tags unexpectedly stopped functioning (i.e. they’d been transmitting perfectly well up until the eagles’ last known location, often a known persecution hotspot). Two further satellite-tagged eagles (‘Angus’ and ‘Tom’) are not included in this list as although their transmitters stopped functioning, there had been recognisable problems with their tags prior to the final transmissions and so the benefit of the doubt has been applied.

A couple of eagles have been added that should have featured in the previous version but we’ve only just received details about them.

Many of these listed eagles from recent years have only been discovered because the eagles were being satellite-tracked. Much kudos to the dedicated teams of fieldworkers who have put in hours and hours of skilled hard work to allow this to happen. Obviously there are many other eagles out there that have not been sat-tagged and on the balance of probability will have been killed at the hands of the game-shooting industry. 31 eagles in the last 7 years is the bare minimum. The number of prosecutions (zero) is undeniable.

Dinnet & Kinord May 2006MAY 2006: A dead adult golden eagle was found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation. Seven years and 7 months later, nobody has been prosecuted.

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Glen Feshie June 2006JUNE 2006: A dead golden eagle was found on Glen Feshie Estate in the Cairngorms. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary launched an investigation. Seven years and 6 months later, nobody has been prosecuted.

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Peebles August 2007AUGUST 2007: A dead adult female golden eagle was found on an estate near Peebles in the Borders. She was half of the last known breeding pair of golden eagles in the region. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Lothian & Borders Police launched an investigation. Six years and 4 months later, nobody has been prosecuted.

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bird-nNOVEMBER 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on a grouse moor estate in the Angus Glens. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. Six years and 1 month later, the bird has not been seen again. With no body, an investigation isn’t possible.

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White G Glenquioch May 2008MAY 2008: A one year old male white-tailed eagle hatched on Mull in 2007 and known as ‘White G’ was found dead on the Glenquoich Estate in the Angus Glens. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fenceposts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. Five years and 7 months later, nobody has been prosecuted.

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Glen Orchy 2009JUNE 2009: An adult golden eagle was found dead at Glen Orchy, Argyll, close to the West Highland Way. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Strathclyde Police launched a multi-agency investigation. Three years and 3 months later, estate employee Tom McKellar pled guilty to possession of Carbofuran stored in premises at Auch Estate, Bridge of Orchy and he was fined £1,200. Four years and 6 months on, nobody has been prosecuted for poisoning the golden eagle.

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Alma Millden 2009JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate in the Angus Glens. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Alma was a well-known eagle  – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements followed by the general public on the internet. Tayside Police launched an investigation. Four years and 5 months later, nobody has been prosecuted.

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August 2009 Glenogil WTEAUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate in the Angus Glens. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Tayside Police was criticized in the national press for not releasing a press statement about this incident until January 2010. Four years and 4 months later, nobody has been prosecuted.

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Skibo GE May 2010MAY 2010: #1 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. Three years and 7 months later, nobody has been prosecuted for poisoning this eagle.

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Skibo GE2 May 2010MAY 2010: #2 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. Three years and 7 months later, nobody has been prosecuted for poisoning this eagle.

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ge headMAY 2010: #3 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. Three years and 7 months later, nobody has been prosecuted for poisoning this eagle.

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ge headJUNE 2010: #1: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

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ge headJUNE 2010: #2: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

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ge headJUNE 2010: #3: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

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ge headJUNE 2010: #4: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

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ge headJUNE 2010: A golden eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. Three years and 6 months later, nobody has been prosecuted.

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WTE Farr & Kyllachy June 2010JUNE 2010: A white-tailed eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. Three years and 6 months later, nobody has been prosecuted.

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Lochindorb WTE Dec 2010DECEMBER 2010: A decomposing carcass of a white-tailed eagle was found and photographed on Logie (Lochindorb) Estate, Morayshire. It was reported to Northern Constabulary. By the time the police arrived to collect it, the carcass had disappeared. The police said they couldn’t investigate further without the body.

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ge headFEBRUARY 2011: The signal from a young satellite-tracked golden eagle ( ‘Lee’, hatched in 2010) unexpectedly stopped transmitting after a final signal from the North Angus Glens. A technical malfunction or another mysterious ‘disappearance’?

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Glenbuchat GE March 2011MARCH 2011: The body of a young golden eagle was discovered on North Glenbuchat Estate, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation and raided the property in May 2011. Two years and 7 months later, nobody has been prosecuted.

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wtseAPRIL 2011: The body of a white-tailed eagle was found at the base of cliffs on Skye. The person who discovered it (a professional medic) considered it to have been freshly shot with a rifle, decapitated with a sharp implement and thrown from the cliff top. He took photographs and alerted Northern Constabulary and RSPB. There was a delay of two weeks before the now probably decomposed carcass was collected. A post-mortem was inconclusive. This incident was not made public until one year later after a tip off to this blog. Two years and 8 months later, nobody has been prosecuted.

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ge headSEPTEMBER 2011: The signal from a satellite-tracked young golden eagle (‘Strathy’, hatched in 2010) unexpectedly stopped transmitting after a final signal from an Aberdeenshire grouse moor. A technical malfunction or another mysterious ‘disappearance’?

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Lochaber poisoned ge March 2012MARCH 2012: The body of a young golden eagle being tracked by satellite was discovered in Lochaber. Tests revealed it had been poisoned with the banned pesticides Aldicarb and Bendiocarb. Information about this incident was not made public until three months later. One year and 9 months later,  nobody has been prosecuted.

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ge headMARCH 2012: The signal from a satellite-tracked young golden eagle (‘Angus 26’, hatched in 2011) unexpectedly stopped transmitting after a final signal from a grouse moor in the Angus Glens. This bird’s suspiciously damaged sat tag was found in the area.

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ge headMAY 2012: The signal from a young satellite-tracked golden eagle (#32857) unexpectedly stopped transmitting when the bird was north-east of the Cairngorms National Park. A technical malfunction or another mysterious ‘disappearance’?

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Deeside GE May 2012MAY 2012: The dead body of a young satellite-tracked golden eagle (hatched in 2011) was discovered near a lay-by in Aboyne, Aberdeenshire. The data from its satellite tag & the injuries the bird had when found (2 broken legs) suggested it had been caught in an illegal trap on a grouse moor in the Angus Glens and then removed, under cover of darkness, to be dumped in another area where it was left to die, probably a slow and agonising death. Information on this incident was not released until almost five months later, by the RSPB. It appears the police failed to properly investigate this incident as we understand that no search warrants were issued and no vehicles were searched. One year and 7 months later, nobody has been prosecuted.

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Wanlock Head GE Oct 2012OCTOBER 2012: An adult golden eagle was found shot and critically injured on grouse moor at Buccleuch Estate, near Wanlockhead, South Lanarkshire. The bird was rescued by the SSPCA and underwent surgery but it eventually succumbed to its injuries in April 2013. One year and 2 months later, nobody has been prosecuted.

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ge headMAY 2013: The signal from a two-year-old satellite tracked golden eagle (‘Angus 33’, hatched in 2011) unexpectedly stopped transmitting after it’s last signal from North Glenbuchat Estate in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

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ge headJUNE 2013: A dead golden eagle was found on an RSPB reserve on Oronsay. This bird had been shot although it is not known whether this was the cause of death or an historical injury.

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ge headJULY 2013: The signal from a young satellite tracked golden eagle (‘Cullen’, hatched 2010) unexpectedly stopped transmitting after its last signal in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

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Fearnan Angus Glens Dec 2013DECEMBER 2013: A two year old satellite tracked golden eagle (‘Fearnan’) was found dead on a grouse moor in the Angus Glens. Tests revealed he had been poisoned with the banned pesticide Carbofuran.

Moy game fair: carry on regardless

The Moy Game Fair starts today. On the Moy Estate.

Moy is quite the venue. In 2010, the following was found there:

  • A dead red kite in the back of a gamekeeper’s vehicle. It had two broken legs and had died as a result of a blow to the head (see photo).
  • The remains of a further two dead red kites.
  • A red kite’s severed leg, along with wing tags that had been fitted to a sateliite-tracked red kite, hidden in holes covered with moss.
  • Six illegal baited spring traps set in the open.
  • A trapped hen harrier caught in an illegally set spring trap.
  • A poisoned bait.
  • Four leg rings previously fitted to golden eagle chicks found in the possession of a gamekeeper.

In May 2011, gamekeeper James Rolfe was convicted for possession of the dead red kite found in the back of his vehicle. He was fined £1,500. No charges were brought against anyone for any of the other offences.

If you’re heading to the Moy Game Fair, keep an eye out for ‘missing’ red kites. In May 2011, a satellite-tracked red kite ‘disappeared’ there. In August 2011, another red kite ‘disappeared’ there.

Ironically, representatives from the game-shooting industry will all be there, telling visitors how great their industry is for nature conservation. So much for strong leadership and zero tolerance (see here).

Talking of venue choice……..take a look at this! A government-approved GWCT training course being held at the one and only Glenogil Estate!

The photograph below shows the dead red kite with two broken legs and severe head injuries, lying in the back of a gamekeeper’s vehicle.

Moy kite 2a

John Dodd sells Glenogil Estate

Sunday Times 7th April 2013 Glenogil saleJohn Dodd, the multi-millionaire owner of the controversial Glenogil Estate, has ‘quietly sold up’, according to an article in the Sunday Times.

The new owner is reported to be Baron Ferdinand von Baumbach, someone we know little about. Although we’re not sorry to see Dodd leave, it’s not so much who owns the estate that interests us, but rather whether (a) they intend to maintain it as a driven grouse moor and if so, (b) who will be advising on grouse moor ‘management’.

It’s been widely reported that Dodd took management advice from ‘grouse wizard’ Mark Osborne (e.g. see here) and indeed Glenogil is promoted on Osborne’s William Powell Sporting website as ‘one of the finest shooting estates in Scotland’ (see here), as well as on the William Powell Country website (here). It’s not just Osborne who rates this estate: last year The Field magazine included Glenogil in an article called ‘Britain’s 50 Great Shoots’ (see here) and in 2008 The Telegraph described it as a thriving grouse moor (see here).

However, for those of us with more of an interest in the area’s wildlife rather than with the artificially-high number of grouse that can be killed, you have to look elsewhere for information. A good place to start is the RSPB’s annual persecution reports. Below is a list of confirmed incidents recorded at Glenogil and ‘Nr Noranside’  from 2006-2010, sourced from these reports and also from Scottish Government data. Not one of these reported incidents has resulted in a criminal prosecution and Dodd has repeatedly and strenuously stated his staff are innocent. Dodd had his farming subsidy cut by £107,650 in 2008 when the Scottish Executive suspected that poisoned baits found on and near to the estate in 2006 were being used to target birds of prey (see here).

2006 March: poisoned rabbit bait (Carbofuran)

2006 April: poisoned buzzard (Alphachloralose)

2006 April: poisoned tawny owl (Alphachloralose)

2006 May: poisoned rabbit bait (Carbofuran)

2006 June: poisoned woodpigeon bait (Carbofuran)

2008 May: poisoned white-tailed eagle (Carbofuran, Isophenfos, Bendiocarb) [‘Nr Noranside’]

2008 May: poisoned buzzard (Bendiocarb) [‘Nr Noranside’]

2008 May: poisoned mountain hare bait (Carbofuran, Isophenfos, Bendiocarb) [‘Nr Noranside’]

2008 May: 32 x poisoned meat baits on fenceposts (Carbofuran, Isophenfos, Bendiocarb) [‘Nr Noranside’]

2008 Oct:  poisoned meat bait (Carbofuran) [‘Nr Noranside’]

2009 March: poisoned buzzard (Carbofuran)

2009 March: poisoned buzzard (Carbofuran)

2009 August: poisoned white-tailed eagle (Carbofuran)

2010 May: poisoned red kite (Carbofuran) [‘Nr Noranside’]

2010 September: poisoned buzzard (Chloralose)

2010 October: poisoned buzzard (Carbofuran)

2010 October: poisoned pigeon bait (Carbofuran)

2010 October: poisoned pigeon bait (Carbofuran)

John Dodd was the co-founder of Artemis Investment Management Ltd., a company that has sponsored the GWCT’s Scottish Game Fair (see here).

The Sunday Times article can be read in two parts:

Part 1 Glenogil sale Sunday Times 7 April 2013

Part 2 Glenogil sale Sunday Times 7 April 2013

Going to the Scottish Birdfair? Read this first

PrintThere’s an article today in the Sunday Herald about the RSPB’s controversial choice of venue for next month’s Scottish Birdfair. For the second year running, the RSPB has chosen to hold this event at Hopetoun House, the stately home of Lord Hopetoun whose family also owns the Leadhills (Hopetoun) Estate in South Lanarkshire, a grouse moor that has been at the centre of raptor persecution allegations for years. Sunday Herald article here.

Regular blog readers will know we’ve commented on this issue at length: see here, here, here, here, here and especially here.

In today’s article, veteran Scottish Raptor Study Group member Ronnie Graham urges potential Birdfair attendees to “make an informed decision” about going.

The following information might help. This is a list of confirmed persecution incidents listed at Leadhills/Abington between 2003-2011. This information has been sourced from the RSPB’s own annual persecution reports, in addition to Scottish Government data. The list does not include other ‘unconfirmed’ or ‘probable’ incidents, such as the discovery of skeletal raptor bodies found buried in forestry or dead raptors found shoved inside rabbit holes. Data are only available up to 2011, so any incidents that might have occured in 2012 or the first quarter of 2013 are not included. There are 41 confirmed incidents on this list; of these, only a couple have been successfully prosecuted (see here for a good example of why prosecutions fail). The list is a good example of why conviction rates should not be used to indicate the extent of criminal activity.

2003 April: hen harrier shot

2003 April: hen harrier eggs destroyed

2004 May: buzzard shot

2004 May: short-eared owl shot

2004 June: buzzard poisoned (Carbofuran)

2004 June: 4 x poisoned rabbit baits (Carbofuran)

2004 June: crow poisoned (Carbofuran)

2004 July: poisoned rabbit bait (Carbofuran)

2004 July: poisoned rabbit bait (Carbofuran)

2005 February: poisoned rabbit bait (Carbofuran)

2005 April: poisoned buzzard (Carbofuran)

2005 June: poisoned rabbit bait (Carbofuran)

2005 June: poisoned rabbit bait (Carbofuran)

2006 February: poisoned buzzard (Carbofuran)

2006 March: poisoned buzzard (Carbofuran)

2006 March: poisoned pigeon bait (Carbofuran)

2006 April: dead buzzard (persecution method unknown)

2006 May: poisoned rabbit bait (Carbofuran)

2006 May: poisoned rabbit bait (Carbofuran)

2006 May: poisoned egg baits (Carbofuran)

2006 June: poisoned buzzard (Carbofuran)

2006 June: poisoned raven (Carbofuran)

2006 June: 6 x poisoned rabbit baits (Carbofuran)

2006 June: poisoned egg bait (Carbofuran)

2006 September: 5 x poisoned buzzards (Carbofuran)

2006 September: poisoned rabbit bait (Carbofuran)

2006 September: poisoned rabbit bait (Carbofuran)

2007 March: poisoned buzzard (Carbofuran)

2007 April: poisoned red kite (Carbofuran)

2007 May: poisoned buzzard (Carbofuran)

2008 October: poisoned buzzard (Carbofuran) [listed as ‘Nr Leadhills’]

2008 October: poisoned rabbit bait (Carbofuran) [listed as ‘Nr Leadhills’]

2008 November: 3 x poisoned ravens (Carbofuran) [listed as ‘Nr Leadhills’]

2009 March: poisoned rabbit bait (Carbofuran)

2009 March: poisoned raven (Carbofuran)

2009 April: poisoned rabbit bait (Carbofuran)

2009 April: poisoned magpie (Carbofuran)

2009 April: poisoned raven (Carbofuran)

2010 October: short-eared owl shot

2011 March: illegally-set clam trap

2011 December: buzzard shot

New motion lodged in Scottish Parliament: “Death of golden eagle”

A new motion was lodged in the Scottish Parliament on Monday 22nd October 2012 concerning the death of the Glen Esk golden eagle:

Motion S4M-04516: Nigel Don, Angus North and Mearns, Scottish National Party.

Death of Golden Eagle

That the Parliament condemns what it sees as the recent brutal killing of a golden eagle in Glen Esk, Angus; considers that the golden eagle is one of Scotland’s most iconic species and understands that 11 golden eagles have been illegally killed since 2007; notes also that 2013 will be the Year of Natural Scotland; urges the Police Service of Scotland to ensure that police officers have the training and resources required to tackle wildlife crime effectively; considers that golden eagles more than earn their keep by attracting tourism to rural Scotland, and asks the Scottish Government to assess what further measures it might take to protect what are considered these magnificent birds.

Here is a desciption of what a Scottish parliamentary motion is.

Here is the full text of this particular motion.

While very welcome (and probably a direct result of all the letters of complaint and media coverage) this motion raises some interesting questions:

It was proposed by 1 MSP (whose constituency includes Brechin) and was supported by 26 others. There are 129 MSPs in the Scottish Parliament. Where’s the support of the other 122? Did your MSP support it? If not, why not?

Note the phrase, “….what it sees as the recent brutal killing of a golden eagle in Glen Esk, Angus” and then compare it with the official line given by Environment Minister Paul Wheelhouse MSP:

The reports may suggest that the circumstances of this incident were suggestive of an offence however there is no hard evidence and it remains possible that there is an alternative explanation“.

It seems Nigel Don MSP and the 26 MSPs who supported his motion do not share the Environment Minister’s view on what happened to that eagle. Apparently nor do the police (see here). We would encourage you to write again to Mr Wheelhouse and ask him to provide the evidence that leads him to suggest that this eagle’s death was not the result of criminal activity. Email: ministerforenvironment@scotland.gsi.gov.uk. It’s important that this issue is clarified; any doubt that this eagle did not die as a direct result of criminal activity will be used by the Dark Side to support their continual denial about the extent of illegal raptor persecution.

Another interesting question concerns the number of known illegal deaths of golden eagles. The motion says 11 golden eagles have been illegally killed since 2007. Our figures suggest that ten have been discovered (see here):

Peebles (2007); Glen Orchy (2009); Alma (2009); Skibo 1 (2010); Skibo 2 (2010); Skibo 3 (2010); Farr (2010); Glenbuchat (2011); Lochaber (2012); Glen Esk (2012).

 So where’s the information about the 11th one? And why limit the figure to golden eagles? What about white-tailed eagles? If they’re included during this time frame, then the number of eagles known to have been illegally killed is at least 14:

GlenQuoich (2007); Glenogil (2009); Farr (2010); Skye (2011).

If the time frame was increased one year further, to 2006, then at least 16 eagles are known to have been illegally killed:

Dinnet & Kinord (2006); Glen Feshie (2006).

And then there’s all the known ‘missing’  eagles, which brings the total to at least 25:

WTE radio-tagged Bird ‘N’ disappeared in Angus Glens (2007); WTE carcass removed in suspicious circumstances from Lochindorb (2010); 4 x golden eagle leg rings found in gamekeeper’s possession on Moy Estate (2010); sat-tagged golden eagle ‘disappeared’ in Monadhliaths (2011); sat-tagged golden eagle ‘disappeared’ in eastern glens (2012); sat-tagged golden eagle ‘disappeared’ NE of Cairngorms (2012).

And then the most recent one, the shot golden eagle found on the border of Buccleuch Estate (2012) – that brings the total to 26.

And we haven’t included any other of the known persecuted raptor species in this list!

So, well done Nigel Don MSP for highlighting a significant and on-going problem – we look forward to seeing a response from the Scottish Government.

Photo: a poisoned golden eagle on a Scottish grouse moor

Thanks to the contributor who sent in these images. This dead eagle was found on a Scottish grouse moor in 2010. Tests showed it had been poisoned with a banned pesticide. Nobody has been charged.

It seems that unless the poisoner is actually seen placing the bait AND unless the eagle is actually seen eating from that bait (how unlikely is that?!) a prosecution will not be forthcoming. We know from experience that even with filmed evidence of illegal activities a prosecution is not guaranteed. This ludicrous situation sends a clear message to the poisoners: carry on, you are immune from prosecution.

SSPCA wins conviction for poison & dog neglect

A man from North Ayrshire has been convicted of causing his dogs unnecessary suffering and possessing a banned pesticide (Cymag) following an SSPCA investigation back in March 2010.

William Ralph Trivett, 40, pled guilty to five charges at Kilmarnock Sheriff Court last Friday (10 August). He was fined £600 and received a three-year ban on keeping any more than twelve dogs.

The SSPCA had removed seven dogs from make-shift kennels at Mid-House Farm, Kilbarchan, Johnstone. The jar of Cymag was found during a further search of Trivett’s home at nearby Milton Quadrant.

Well done to the SSPCA for another successful prosecution. Full story on their website here.

Why convicted gamekeeper Robert Christie only got a telling off

Two days ago we blogged about Scottish gamekeeper Robert Christie (Lindertis Estate) who was convicted at Forfar Sheriff Court after pleading guilty to wildlife crimes (see here).

Since then there has been a fair bit of press coverage but the media hasn’t really picked up on the fact that Christie’s ‘punishment’ was just an admonishment (effectively a telling off), even though the available penalties included a fine of up to £5,000 and/or a six month prison sentence.

However, an article published in yesterday’s Courier did include commentary about the penalty:

“…Sheriff Kevin Veal at Forfar decided not to impose a penalty on gamekeeper Robert Christie after hearing the ‘immediate and draconian consequences’ connected with breaching a trapping licence could render the 57-year-old unemployable for the rest of his working life”.

Christie’s solicitor, David McKie (who also happens to be the SGA’s solicitor – see here), reportedly commented:

There are implications under the general licence – if the court imposes anything more than an admonition the licence is automatically withdrawn for five years“.

Was what Christie did the crime of the century? No of course it wasn’t, but what it was, without a doubt, was a criminal offence under the wildlife legislation. It seems astonishing that the Sheriff would decide not to impose any penalty, especially given the current high priority that the Scottish Government has placed on tackling wildlife crime.

What we are seeing yet again is an inconsistency in sentencing (compare Christie’s penalty with that of Aswanley Estate gamekeeper Craig Barrie who was recently fined £520 for illegal use of a trap, see here) and the sense that wildlife crime is still not being taken seriously by some Scottish courts. Do you think this defence would be acceptable for other offences, such as a drink driving taxi driver? ‘Oh, sorry m’Lord, yes I was drunk when I drove my car and I really should have known the consequences of doing this as driving is my profession but the immediate and draconian measure of losing my licence will also mean I lose my job’.

Talking of taking wildlife crime seriously, the Scottish Gamekeepers’ Association has not yet issued any public statement of condemnation for Christie’s actions, nor have they said whether he is/was an SGA member. To find out about Christie’s SGA membership status, send an email to: info@scottishgamekeepers.co.uk

Article in the Courier here

Scottish gamekeeper ‘admonished’ for wildlife crimes

Scottish gamekeeper Robert Alexander Christie (58) was convicted today at Forfar Sheriff Court for wildlife crimes relating to the illegal use of a crow cage trap. He was ‘punished’ by receiving an admonishment.

Christie pled guilty to taking a wild bird, possessing a wild bird, and using an illegal trap by failing to adhere to the terms of the general licence (this general licence governs the use of crow cage traps in Scotland).

The offences took place on the Lindertis Estate near Kirriemuir, Angus on 8 August 2010. Lindertis Estate is listed as a sporting estate providing pheasant and partridge shooting (see here). A tawny owl was rescued from inside a crow cage trap in a wood on the estate by a member of the public. The owl was reportedly in poor condition (severely malnourished and unable to hold its own bodyweight on its legs) when it was found and it was sent to a vet for treatment. The owl was released back into the wild on 13 August. 

The crow cage trap reportedly did not contain food or shelter, and a tray of water contained green algae, and the trap did not have an identification tag, all contrary to the terms of the general licence.

Christie has 24 years of gamekeeping experience and has been employed as a full-time gamekeeper on this estate for approximately 18 years.

Also due to appear in court was Christie’s employer, who according to Burke’s Peerage is a hereditary peer: The Rt Hon The Lord Colyton, although in the court listing his name was given as Alisdair John Munro Hopkinson. Charges against Hopkinson related to allegedly causing/permitting the gamekeeper to use an illegal trap (Wildlife & Countryside Act). However, charges against Hopkinson were not proceeded, perhaps because Christie pled guilty.

This case was prosecuted by one of the new specialist wildlife fiscals, Shona McJannett. She is quoted as saying:

Today’s conviction highlights the importance of ensuring that crow cage traps are operated legally in terms of the general licence. The protection of our wildlife is a priority and a robust view will be taken by the Crown Office and Procurator Fiscal Service in relation to any reports alleging breach of these general licence conditions.”

Now, it’s refreshing news to hear that COPFS will take a ‘robust view’ of this type of wildlife crime and hopefully they will continue to prosecute these cases, but the penalty handed out by the court doesn’t quite match the Fiscal’s view of the seriousness of the offence. Christie’s ‘punishment’ (the admonishment) is effectively no punishment at all. It’s basically a ‘telling off’ (see here for a definition) and because he wasn’t given a more serious penalty (e.g. a fine) it means he is NOT banned from continuing to operate crow cage traps under the general licence. What sort of deterrent is a telling off? What message does this send to other wildlife criminals? Does anyone think Christie will lose his job now he’s got a conviction for wildlife crime?

It is not known whether Christie is a member of the Scottish Gamekeeper’s Association. Anyone interested in finding out can ask the SGA by emailing: info@scottishgamekeepers.co.uk. We would be very interested to learn whether he is a member, and if so, does his wildlife crime conviction mean that he is now barred from the club professional body?

Despite the pathetic ‘penalty’ (can you even call it that?), big kudos to the SSPCA for leading on this investigation, and well done also to COPFS for prosecuting; it’s not often we have cause to congratulate COPFS but on this occasion its deserved.

If you are out and about in the Scottish hills and glens and  come across a trapped raptor caught inside a crow cage trap (or any other trap for that matter), then you should call the SSPCA hotline immediately: 03000-999-999

SSPCA press release here

News article on Deadline News website here

COPFS press release here

See here for another blog on why Christie only got a telling off

STOP PRESS: One of our readers (thank you!) has contacted us to say he thinks this is the same estate that we blogged about last June (see here). Obviously we’re unable to confirm or refute this as the name of the estate in the June blog was kept a big secret, although the location is very similar!

More on Aswanley Estate gamekeeper – how the finer details matter

Last month we blogged about the failed appeal of convicted Aswanley Estate gamekeeper Craig Barrie (see here). In October 2011, Barrie had been fined £520 at Aberdeen Sheriff Court for the illegal possession and control of a live wild bird (a pigeon) that had been discovered inside a cage trap on this Aberdeenshire estate.

More detail has now emerged about this case, reported in the latest edition (#66) of the RSPB’s Investigations Newsletter Legal Eagle. The article describes the background to the investigation, including how an RSPB Investigations officer had discovered the pigeon inside the trap in September 2010. Crucially, the trap doors were not ‘set’. The RSPB Investigator called out Grampian police, who came to investigate the trap, accompanied by Barrie. The article says: “They found the trap complete with captive pigeon and Craig Barrie admitted that he was responsible for operation of the trap“.

Interestingly, the article says that although Barrie was convicted for possession and control of a live wild bird (contrary to the Wildlife & Countryside Act 1981), “a plea of not guilty to illegally using a cage trap was accepted“.

So here is a gamekeeper who has reportedly admitted that he was responsible for the operation of the trap, and has been convicted of being in control of the pigeon that was found inside the trap, and yet it was accepted that he was not guilty of illegally using a cage trap! Without knowing the complexities of the legal argument put forward, it may be safe to assume that this plea was accepted because even though there was a pigeon in the ‘lure/bait’ compartment of the trap, and Barrie was responsible for the pigeon being in there, the trap wasn’t actually ‘set’ at the time it was discovered, so it could be argued that the trap wasn’t ‘being used’ in the strictest sense of the word. Perhaps it was argued that because the live pigeon was inside the trap, it was being used just as a sort of make-shift aviary, not as a trap! The devil’s in the detail, as they say.

Legal Eagle #66 has yet to be published (we were given a sneak preview) but when it is published you’ll be able to find it on this page here.