Category: 2010 persecution incidents

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.

Egg-collector Matthew Gonshaw’s ASBO hearing delayed

Four-times jailed egg thief Matthew Gonshaw was due to find out last Friday (17 February) whether he was to be the subject of an Anti-Social Behaviour Order (ASBO) following his latest conviction for egg-collecting (see here for background). If granted, the ASBO could see him facing a £20,000 fine and five years in prison for further offences.

The case was adjourned and is now due to be heard this Friday (24 February).

Convicted Aswanley Estate gamekeeper not an SGA member

The Scottish Gamekeepers’ Association has just issued a statement about convicted Aswanley Estate gamekeeper, Craig Barrie, following our earlier blog post today (here).

The SGA says Barrie was not a member of the organisation.

SGA chairman Alex Hogg uses the statement to encourage gamekeepers to become a member of a representative body, “…..to make sure they are getting all the information neccessary to carry out their work in line with law and best practice“. A laudable aim, but of course, being an SGA member does not neccessarily equate to carrying out work ‘in line with law and best practice’ – twice convicted gamekeeper David Whitefield was an SGA member at the time of both his convictions (see here), although we now understand the SGA has, albeit belatedly, given him a “life ban”. We also understand that another SGA member has been charged with alleged wildlife crime offences, but we won’t comment further on that until legal proceedings have finished.

SGA statement on Aswanley Estate gamekeeper Craig Barrie here

If you’re wondering about the empty picture frame above, see here. If anyone has a photo of Aswanley Estate that they would like to share here, please get in touch!

Just asking

Last week we blogged about an Aberdeenshire gamekeeper’s failed appeal against his sentence for the possession and control of a live wild bird on Aswanley Estate. Craig Barrie’s appeal was rejected by two appeal judges (see here).

What wasn’t reported was whether Barrie was a member of the Scottish Gamekeepers’ Association, and if he was, whether he had now been ejected from the group.

In recent months, the SGA has been admirably quick to make a public statement on its website about the membership status of several gamekeepers who have found themselves in court. However, the SGA has been unusually coy about Craig Barrie, but perhaps he’s just been forgotten in the recent flurry of gamekeeper convictions – it would be an easy oversight to make.

So, after our readers’ success in getting the National Gamekeepers’ Organisation to finally admit that convicted gamekeeper Glenn Brown was an NGO member, perhaps some would like to ask whether Craig Barrie is/was a member of the Scottish Gamekeepers’ Association?

info@scottishgamekeepers.co.uk

Gamekeeper on Aswanley Estate, Aberdeenshire, loses appeal [UPDATED]

An article on the STV website reports that a gamekeeper on the Aswanley Estate has lost his court appeal against his sentence for illegal possession and control of a wild bird.

30 year old gamekeeper Craig Barrie of Glass, Huntly, Aberdeenshire, had previously been convicted for having a live pigeon inside a cage trap. On 28 October 2011 at Aberdeen Sheriff Court he had been fined £520 for the possession and control of a live wild bird contrary to the Wildlife & Countryside Act 1981. Barrie is reported to have appealed his sentence, arguing that unless he received an admonishment or an absolute discharge, he would lose his job. Two appeal court judges rejected his argument yesterday, meaning that Barrie has now lost his job. The article reports that Barrie had previously resigned from his job following his earlier conviction, “but the post had been kept open for him in case the appeal was successful“!!!!! (The point being that Barrie wasn’t appealing against his conviction – just against his sentence. Why would Aswanley Estate want to ‘keep his job open’ when he’d been convicted of a wildlife crime, no matter what his sentence?!)

There’s some shoddy journalism in the article, referring to Barrie’s “gamekeeper licence” and saying that the offence took place in “2019” (it actually took place in 2010). It is presumed that the “gamekeeper licence” refers to the general licence. Unfortunately we have not yet reached the stage where gamekeepers are regulated by a ‘gamekeeper licence’ but who knows, the way things are going this might just be the next step after estate licencing!

It is not known whether Barrie was a member of the Scottish Gamekeepers’ Association. More on this shortly…

Well done to the two appeal judges – a refreshing change is in the air.

STV article here

Aswanley Estate website here

Thank you to the contributor who alerted us to this story.

UPDATE: We have received the following email from Aswanley Estate: “We notice that you have used a photograph of Aswanley Estate on your blog entry. You are infringing copyright laws and would ask that you please take this of [sic] within 48 hours or we will take further action”. Thanks for keeping us on the right side of the law, Aswanley Estate – it’s a shame this level of vigilance didn’t extend to the criminal activity of the Estate’s gamekeeper. Keep ’em peeled!

Another South Lanarkshire gamekeeper convicted of poison offence

Well well well. Another gamekeeper from South Lanarkshire has been convicted of possessing the banned pesticide, Carbofuran. Police were alerted to the location after a member of the public found a poisoned buzzard lying next to a pheasant bait near Loanhead Farm, Lamington, South Lanarkshire, in November 2010. Lab tests by SASA revealed Carbofuran in both birds.

Today at Lanark Sheriff Court, 63 year old keeper Cyril McLachlan was fined £635 after admitting possession of Carbofuran. Yet again, a weak penalty for what is supposedly considered a seriously grave offence by the Scottish Government. Not good enough.

It is not known whether McLachlan was a member of the Scottish Gamekeepers’ Association at the time of the offence. If anyone can shed any light on this, we’d be happy to hear about it. UPDATE: The SGA has now issued a statement to say McLachlan was not a member (see here).

Well done to RSPB and SSPCA and the other agencies involved in getting this case to court.

RSPB press release here

Prolific egg thief jailed for fourth time

One of the UK’s most prolific wild bird egg thieves has today been sent back to jail for what is reportedly his fourth jail term for similar offences.

This time, Matthew Gonshaw (49) from London, was caught with almost 700 wild bird eggs and egg-collecting paraphenalia at his house, including eggs from Scottish golden eagles and ospreys, as well as peregrines and red kites.

At Thames Magistrates Court, Gonshaw admitted ten offences under the Wildlife & Countryside Act, including two counts of taking golden eagle eggs from sites on the Isle of Lewis in April 2010. He was sentenced to six months in prison.

Gonshaw will re-appear in court in February to find out if he will be subject to an anti-social behaviour order (ASBO), which would see him face a £20,000 fine and five years in jail if he commits more crimes.

Well done to the RSPB, Metropolitan Police and the CPS for a successful conviction.

BBC News article here

STV article here

Good photographs in Daily Mail article here

The mysterious case of the Inverinate Estate gamekeeper’s trial

Way back in March 2011, the case against Inverinate Estate gamekeeper, Andrew Malcolm Slaughter, opened at Inverness Sheriff Court. He was reported to be facing charges under the Wildlife & Countryside Act, the Animal Health & Welfare (Scotland) Act and the Agriculture (Scotland) Act (see here).

Over the next eight months, five different court dates for this trial have been and gone (see here). Today was the 6th court date and we were expecting the case to be concluded one way or another. Well, it was and it wasn’t. Apparently, this case has been ‘deserted pro loco et tempore’. We are told that this means the case is finished as far as this court is concerned, but that the Procurator Fiscal may raise it again in the future. No explanation has been given for this decision.

A satisfactory outcome?

By pure coincidence, Alex Salmond MSP (the current First Minister of Scotland), on a recent trip to Dubai earlier this month, met the son of the man believed (but not confirmed) to be the Inverinate Estate owner (the son happens to be the Deputy ruler of Dubai), “to discuss opportunities to strengthen links between the two nations” (see here). What an amazingly small world.

The denials have started – gamekeepers say persecution becoming less of an issue

With tedious predictability, one of the gamekeepers’ representative bodies is trying to play down the latest raptor persecution figures. According to an article in today’s Telegraph, the National Gamekeepers’ Organisation says birds of prey are doing well in the UK and persecution is becoming less of an issue.

If you can be arsed to read any more of these ridiculous statements, the article can be found here.

RSPB’s Birdcrime 2010 report published

The RSPB has published its annual report on raptor persecution in the UK (Birdcrime 2010). Poisoning reports are down (128 reported in 2010; 153 reported in 2009). Birds confirmed poisoned in 2010 include:

20 red kites, 30 buzzards, 8 peregrines, 5 golden eagles, 2 goshawks, 1 sparrowhawk and 1 white-tailed eagle.

Meanwhile, the RSPB are using the publication as an opportunity to call for a crackdown on poisons, according to the BBC website. It says the current law, which makes it illegal to possess certain pesticides, is rendered ‘impotent’ because the list of controlled substances hasn’t been published in England, Wales and Northern Ireland.

We’ll write more about the Birdcrime 2010 report over the coming few days. BBC news article here. Birdcrime 2010 report here