Category: 2012 persecution incidents

Millden is yet another grouse-shooting estate to be sanctioned after police find evidence of raptor persecution

Further to this morning’s news that Millden Estate in the Angus Glens has been slapped with a three-year General Licence restriction after evidence was found of raptor persecution crimes (see here), it’s worth examining the background to this case.

Millden is one of a number of grouse-shooting estates situated in the Angus Glens that has featured many, many times on this blog (see here for all Millden posts).

Location of Millden Estate in the Angus Glens. Estate boundaries sourced from Andy Wightman’s Who Owns Scotland website

Millden Estate first came to my attention in July 2009 when a young satellite-tagged golden eagle called Alma was found dead on the moor – she’d ingested the deadly poison Carbofuran (here). It wasn’t clear where she’d been poisoned and the estate denied responsibility.

Then in 2012 there was the case of another satellite-tagged golden eagle, believed to have been caught in a spring trap on Millden Estate before moving, mysteriously, several km north during the night-time only to be found dead in a layby with two broken legs a few days later (here and here). The estate denied responsibility and the Scottish Gamekeepers Association conducted an ‘analysis’ (cough) and deduced it was all just a terrible accident (here).

There have been other incidents – former Tayside Police Wildlife Crime Officer Alan Stewart describes ‘a horrendous catalogue of criminality’ recorded on Millden Estate during his time (see here). However, despite this history, nobody has ever been prosecuted for raptor persecution crimes on Millden Estate.

Today’s announcement from NatureScot that a General Licence restriction has been imposed on Millden Estate is the first sanction I’m aware of at this location. It has been imposed after three shot buzzards were found in bags outside two gamekeeper’s cottages during an SSPCA-led investigation into badger-baiting and other animal-fighting offences in 2019.

That investigation led to the successful conviction in May 2022 of depraved Millden Estate gamekeeper Rhys Davies for his involvement in some sickening animal cruelty crimes (see here). Despite his conviction, Millden Estate denied all knowledge of this employee’s criminal activities (here).

There hasn’t been a prosecution for the shooting (or possession) of those three shot buzzards, nor for the six other shot raptors found in a bag just a short distance from the Millden Estate boundary (here), and nor will there be, according to a statement provided to me by the Crown Office (here).

With this long history of un-attributable wildlife crime on and close to Millden Estate, the imposition of a General Licence restriction is welcome news, although in real terms it’s nothing more than a minor inconvenience to the estate. It doesn’t stop their legal killing of so-called pest species (e.g. crows) because all they have to do is apply for an Individual licence, which NatureScot will have to grant (although it can revoke an Individual licence if more evidence of crime emerges – as happened on Raeshaw Estate in 2017 – see here), and nor does it stop the legal killing of red grouse, pheasants or red-legged partridge by paying guests.

This photograph appeared on social media in 2017 titled ‘Team Millden’ and shows a bunch of blokes dressed in Millden tweed grinning inside the estate’s larder after a day’s grouse shooting.

I’ve written about the monumental ineffectiveness of General Licence restrictions many times (e.g. see here, here, here, here, here) and my view hasn’t changed. The only weight that a General Licence restriction carries is a reputational hit for the estate on which it is imposed, which was the Environment Minister’s aim when GL restrictions were first mooted (here).

This is useful from a campaigner’s perspective because it allows us to demonstrate that raptor persecution continues on Scottish grouse moors, despite the absurd denials of senior industry representatives (e.g. see here).

But it doesn’t stop the estate’s business activities. You might think that others in the industry, or even elected politicians, would shun a restricted estate but that simply doesn’t happen (e.g. see here and here).

And nor is it an effective deterrent – Leadhills Estate, a grouse moor in South Lanarkshire, was slapped with a second General Licence restriction after ‘clear evidence’ of wildlife crime was uncovered whilst the estate was still serving its first restriction notice (see here)!

Given the current number of grouse-shooting estates serving General Licence restrictions after ‘clear evidence’ of wildlife crime was provided by Police Scotland: Leadhills Estate (here), Lochan Estate (here), Leadhills Estate [again] (here), Invercauld Estate (here), Moy Estate (here) and now Millden Estate (here), it’s clear that the Scottish Government’s proposed grouse-shoot licensing scheme can’t come soon enough.

There are strong rumours that the Wildlife Management (Grouse) Bill will be presented to the Scottish Parliament before Easter and many of us are eagerly awaiting its publication to see the details of what is proposed and, importantly, how it will be enforced.

One thing’s for sure, it will need to be a lot more robust than the General Licence restriction and any sanctions, which should hopefully include terminating an estate’s ability to continue gamebird shooting during a determined-sanction period, will need to be deployed a lot quicker than the time it takes for a General Licence restriction to be imposed (it’s taken four years for the GL restriction to be placed on Millden Estate).

UPDATE 10th March 2023: Millden Estate says it will appeal General Licence restriction imposed after evidence of raptor persecution (here)

Police divers search loch after discovery of golden eagle satellite tag in Cairngorms National Park

Well, well, well.

Divers from Police Scotland have been searching a loch in the Cairngorms National Park after the recent discovery of a golden eagle’s satellite tag.

The tag was found at the edge of Loch an t-Seillich in a period of low water, in what I’m led to believe were circumstances not too dissimilar to those of another golden eagle’s satellite tag, found in a Strathbraan river last year. That tag had been fitted to a young golden eagle that had later ‘mysteriously disappeared’ on a grouse moor in Strathbraan, where so many tagged eagles have vanished without trace. When the tag was pulled from the river, it was shown that the tag’s harness had been cut, the aerial snapped off and the tag wrapped in lead sheeting to block a transmission signal (see here, here and here). It was compelling evidence of the lengths the eagle killers will go to cover their crimes.

[Police divers at Loch an t-Seillich yesterday]

And now it seems we have another one.

The tag that has recently been recovered from Loch an t-Seillich was fitted to a young golden eagle in 2010 but suddenly stopped transmitting in 2012. This is known as a ‘sudden stop no malfunction’, where a tag has been working perfectly well and then it suddenly and inexplicably stops transmitting, without any indication of any impending problem from the tag’s engineering data.

A recent Government-commissioned report demonstrated that tags fitted to golden eagles in Scotland are 25 times more likely to have a ‘sudden stop no malfunction’ than in any other country where the tags are routinely deployed. In fact almost a third of all satellite-tagged eagles in Scotland had disappeared under these suspicious circumstances, and in geographic clusters around some areas of intensive driven grouse moor management. Funny that. You can read the report here.

The tag recently recovered from Loch an t-Seillich is in one of those geographic clusters, although many of the old grouse moors have since been bought by Anders Povlsen and are now part of his Wildland Ltd portfolio, where golden eagles are now protected instead of persecuted.

[Map showing the geographic clusters of golden eagle satellite tags that have suffered a ‘sudden stop no malfunction’ (i.e. the eagle has likely been killed & the tag destroyed). Data from the Golden Eagle Satellite Tag Review. The orange circle denotes a former persecution hotspot where the current search is taking place but many of the estates have since been bought as part of a credible conservation initiative and are no longer managed for driven grouse shooting]

Confirmation about the circumstances of this latest tag discovery is still awaited but it is quite clear that there is sufficient evidence to cause Police Scotland to deploy divers to search for further evidence of wildlife crime.

Was this loch a regular dumping ground for golden eagle satellite tags? Might they even find some dumped golden eagles, wrapped in sacks and weighted down with rocks? Given the highly suspicious circumstances of golden eagle Fred’s disappearance a few years ago, with his tag’s last transmission a few miles offshore in the North Sea, I wouldn’t put anything past the people still intent on killing golden eagles and the measures they take to conceal their crimes.

Given the scale of the problem of golden eagle persecution in Scotland, which has been identified by the deployment of satellite tags over many years, I’m delighted to see Police Scotland’s proactive investigative work. Well done to whoever made the decision to follow up with this search.

Swinton Estate owner (& Chair of Moorland Association) challenged by BBC about raptor persecution on his estate

This is worth a watch.

A BBC documentary series called Amazing Hotels: Life Beyond the Lobby featured the Swinton Estate in Nidderdale, North Yorkshire a couple of weeks ago.

The owner of the estate, Mark Cunliffe-Lister (also known as Lord Masham) also happens to be the Chair of the Moorland Association, the lobby group for grouse moor owners in England.

As part of the programme, presenter Giles Coren visited Swinton’s grouse moors with Cunliffe-Lister and Coren asked him straight out about confirmed raptor persecution crimes on Swinton. The change in Cunliffe-Lister’s body language was quite noticeable – he went from confident, open, welcoming hotel owner to cagey, uncomfortable grouse moor owner.

Giles Coren: “Have there been instances around here of raptors being killed?“

Mark Cunliffe-Lister: “Yes, there have been, there was one that was found on Swinton itself, it was found to have some lead in it so, er, clearly had been shot at some stage. There’s nothing that we’re culpable of but clearly there are still instances of it taking place“.

Just the one, Mark? What a forgetful silly billy (and not for the first time).

Kudos to Giles Coren and to whoever was the BBC executive producer of this edition. Good stuff.

The programme is available to watch on BBC iPlayer for a year (the grouse moor stuff starts at 39 mins 15 sec) HERE

New owners to ban gamebird shooting on infamous Kildrummy Estate

In June it was reported that Kildrummy Estate in Aberdeenshire had been sold to an American couple with a track record in supporting environmental and animal welfare projects (see here).

Kildrummy Estate is infamous because its gamekeeper became the UK’s first (and so far, only gamekeeper) to receive a custodial sentence for raptor persecution in 2014 after his conviction on four counts, including the illegal killing of a trapped goshawk which he clubbed to death on the estate in 2012 (see here and here).

It’s been reported in today’s Sunday Times that the new owners, Chris and Camille Bently, have a much greater vision for Kildrummy and that vision doesn’t include grouse, pheasant or partridge shooting.

The mapping report referred to in this article was one of two published on Thursday (see here) by the League Against Cruel Sports, as part of the Revive Coalition for grouse moor reform. The study suggested that every year, up to a quarter of a million animals are killed in traps and snares on Scottish grouse moors, and many of them in the most hideously brutal circumstances, as evidenced by one of the reports’ front covers:

The progressive-thinking Bentlys join a growing number of decent, intelligent landowners who are prepared to ditch the Victorian dystopia and instead invest in a bold vision of regeneration and restoration. It’ll be good in future to be able to recognise Kildrummy Estate as being at the forefront of something so positive.

The times they are a-changin’.

TAKE ACTION

If you’re sick to the back teeth of illegal raptor persecution on driven grouse moors, please consider participating in this quick and easy e-action to send a letter to your local Parliamentary representative (MSP/MP/MS) urging action. Launched just a week ago by Wild Justice, RSPB and Hen Harrier Action, over 44,000 people have signed up so far.

This means that over 44,000 pre-written letters complaining about illegal raptor persecution and the environmental damage caused by intensive grouse moor management, are winging their way to politicians of all parties across the UK. If you want your local politician to receive one, Please join in HERE

Thank you

Infamous Kildrummy Estate sold to new owners

The Kildrummy Estate in Aberdeenshire is infamous for a number of reasons.

Firstly, its gamekeeper became the UK’s first (and so far, the only gamekeeper) to receive a custodial sentence for raptor persecution in 2014 after his conviction on four counts, including the illegal killing of a trapped goshawk which he clubbed to death on the estate in 2012 (see here and here).

Secondly, a vicarious liability prosecution against the gamekeeper’s supervisor/employer wasn’t possible because the police were unable to establish the identity of the management hierarchy because the details of land ownership were concealed in an offshore holding (see here, here and here).

Today it’s been reported on various websites that Kildrummy Estate has been sold for a cool £11 million and the new owners, Americans Chris & Camille Bently, are described as being supporters of ‘animal rights’. For example, see this article on the Insider website, which incidentally also discusses the criminal conviction of the former Kildrummy estate gamekeeper but mistakenly reports he was sentenced to ‘four years for laying poisoned bait’ – that’s wishful thinking, it was only four months and we’re not aware of poisoned baits being laid on this estate.

Blog readers may be interested in reading the sales particulars for Kildrummy Estate, which provide a fascinating insight in to a location that has previously been shrouded in secrecy.

Download the sales document here: Kildrummy Estate sales particulars June 2020

Good luck to the Bentlys – let’s hope their vision for this estate is one centred on rewilding and conservation and not exploitation and criminality.

UPDATE: This blog post was picked up by The Herald 6 July 2020 here

Don’t laugh, but here’s the new Moorland Association chairman, Lord Masham

The Moorland Association, a lobby group for England’s grouse moor owners, has elected a new Chairman and its choice speaks volumes.

Mark Cunliffe-Lister (Lord Masham in some circles) owns the Swinton Estate in Nidderdale. This estate may sound familiar to some readers, and that’s because we’ve had reason to blog about it several times over the years.

The grouse moor on Swinton Estate is where satellite-tagged hen harrier Bowland Betty’s shot corpse was found in 2012 (see here) although there was no evidence to suggest her killing had anything to do with anyone on the estate, it was just rotten luck that she died there. The grouse shooting industry then pretended that she hadn’t been shot at all, even after forensic evidence confirmed she had indeed, been shot (see here). It was just rotten luck that people preferred the opinion of expert forensic scientists from the University College London Institute of Orthopaedics and Musculoskeletal Science instead of the non-expert opinion of some non-expert, non-scientists at the Countryside Alliance.

In another example of rotten luck another shot hen harrier’s corpse was found on a grouse moor at Swinton Estate in 2019 (see here); this time it was a satellite-tagged bird called River who had disappeared on the estate in November 2018. The day after she vanished, at dusk an unidentified gunman had been seen with two dogs walking through a known hen harrier roost site on the estate (see here). Again, there was no evidence to suggest River’s killing had anything to do with anyone on the estate, it was just rotten luck (again) that she died there.

[Hen harrier River’s corpse being retrieved from a grouse moor on Swinton Estate in April 2019. Photo by RSPB]

In another case of rotten luck (there’s a lot of it about in Nidderdale), a Swinton Estate gamekeeper was convicted in 2014 for setting an illegal pole trap on the estate (see here).

[Photo of the illegal pole trap set by a gamekeeper on Swinton Estate, photo by RSPB]

Now, some might argue that the Swinton Estate should have been expelled from the Moorland Association after this gamekeeper’s conviction. However, that would have been most unfair – pole traps had only been banned in the UK for 110 years at that point, it’s not as though the poor fellow had had sufficient time to adjust to the new rules. So what better way for the Moorland Association to show its support than to elect the estate owner to become Chair? Bravo!

Swinton Estate was back in the news last year as it reportedly hosted successfully breeding hen harriers for the first time in many, many years. Swinton was so enamoured with them that it donated the chicks to Natural England’s brood meddling scheme which, according to this article in last weekend’s Yorkshire Post Country Week (see pressing below), is a ‘hen harrier conservation’ project which ‘alleviates the overpopulation of hen harriers in one area by redistributing them into unpopulated areas‘!!!!!!!!! Wow! Let’s just take a moment to admire the breathtaking distortion on display there.

Meanwhile, according to Lord Masham, ‘the project was working well‘….er, really? What a forgetful silly billy Lord Masham is – he ‘forgot’ to mention the difficulty in finding another land owner willing to host the brood meddled hen harrier chicks on release (see here), he ‘forgot’ to mention the suspicious disappearance of several of those brood meddled chicks after release (see here), he ‘forgot’ to mention the decision to use a new type of untested satellite tag on some of those brood meddled chicks (see here), he ‘forgot’ to mention the 31 (at least) hen harriers believed to have been illegally killed since 2018, the year when grouse shooting industry reps would have us believe that hen harriers were welcomed back on the grouse moors, he ‘forgot’ to mention last year’s scientific paper that demonstrated 72% of satellite tagged hen harriers were believed to have been illegally killed on or near grouse moors (see here), he ‘forgot’ to mention that far from being ‘overpopulated’, thanks to illegal persecution on grouse moors England has single-figure hen harrier nests where there should be 330+ (see here), he ‘forgot’ to mention the ongoing police investigations in to the alleged witnessed shooting of two hen harriers on grouse moors this year (see here) and he ‘forgot’ to mention the ongoing legal challenge against brood meddling by actual conservationists (see here) who can see it for exactly what it is – a Government-sponsored sham (see here).

Most of the article’s content is a re-hash of the Moorland Association’s press statement on Lord Masham’s appointment (see here – well worth a read for a good laugh) but there’s one statement in particular that appears in the article but not in the MA’s press release:

According to the Yorkshire Post article, Lord Masham said ‘there was still the historical perception that raptors were persecuted by gamekeepers….’

And there it is. That one single sentence tells us everything we need to know. An ‘historical perception‘? Yep, it’s clear to see why Lord Masham was elected; he’s going to fit right in. Moorland Association Director Amanda Anderson may well have some competition for the title of Top Contortionist in the coming weeks as we await details of the recent police investigations of alleged raptor persecution on a number of grouse moors….

SNH wilfully blind to threat of persecution of golden eagles in south Scotland

The project to translocate golden eagles from the Scottish Highlands to south Scotland has finally got underway this year, with news out today that three eagles have been successfully released this year.

There’s an article about it on BBC Scotland (here) including some video footage.

Unbelievably, Professor Des Thompson, Principal Advisor for Biodiversity and Science at SNH, is quoted in both in the video and in the article as follows:

“This is the icon of wild Scotland. We are on the threshold of giving something very exciting back to the south of Scotland. Scotland has just over 500 pairs, just two to four breeding pairs in the south of Scotland where they are really struggling.

Young golden eagles are heavily persecuted. A third of them have been killed either through shooting or poisoning.

Down here in the south of Scotland we’ve been able to reassure ourselves persecution is not an issue. It’s just a small fragmented population that needs this helping hand from us. We have been overwhelmed by the support we are getting from landowners and we are reassured these birds are going to be welcome“.

Did he actually just say that? “We’ve been able to reassure ourselves persecution is not an issue“. What, you mean in the same way that SNH reassured itself that the scientific justification for the Strahbraan raven cull was sound?

You couldn’t make this up. Has he switched jobs and is now representing Scottish Land & Estates? He might as well be as this is exactly the line they were trying to spin several years ago (see here).

The south of Scotland is well known for the illegal persecution of raptors, including golden eagles. Only this year a young satellite-tagged golden eagle (Fred) ‘disappeared’ in the Pentland Hills in highly suspicious circumstances (here) in an area where previously a merlin nest had been shot out and breeding ravens had also ‘disappeared’.

[Golden eagle Fred, by Ruth Tingay]

Then there’s Raeshaw Estate, currently operating under a General Licence restriction and an Individual Licence restriction, due to evidence of alleged ongoing raptor persecution (here); there’s a forthcoming prosecution of a gamekeeper in the Borders for a long list of alleged wildlife crime (here); there’s the land managed for driven grouse shooting in South Lanarkshire (close to the golden eagle translocation area) where over 50 confirmed reported incidents of dead raptors and poisoned baits have been recorded since 2003, including a shot golden eagle in 2012 (it didn’t survive, here), the reported shooting of a short-eared owl in 2017 (here), the reported shooting of a hen harrier in 2017 (here), and the reported shooting of a buzzard in 2018 (here); and then there’s been at least four raptor poisonings in south Scotland this year alone (here).

But don’t worry, folks, despite all evidence to the contrary, Professor Thompson is “reassured” that raptor persecution won’t be an issue for these young golden eagles.

Here’s a map from the 2008 Golden Eagle Conservation Framework showing the conservation status of golden eagles in Scotland (red = unfavourable conservation status), overlaid with ten years of raptor persecution data (all species, 2005-2015) gleaned from ‘official’ persecution maps. It doesn’t include data from the last three years. Does it look to you like raptor persecution isn’t an issue in southern Scotland?

We’ve blogged about the South Scotland Golden Eagle Project several times over the years (e.g. here, here, here) and we still have mixed feelings about it. On the one hand the south Scotland golden eagle population is in dire straits, and has been for some time, and urgently needs a boost. Translocating eagles from other parts of the Scottish range seems a decent strategy.

However, fundamental to translocation and reintroduction projects is the need to identify and resolve the underlying cause(s) of the species’ decline in that area. The authorities have not come anywhere near to resolving this issue, either in south Scotland or beyond. The chances remain high that these young eagles will be killed. Having said that, they’re just as likely to be illegally killed further north in Scotland so in that sense, moving them a few hundred km south probably won’t make much difference to their chance of being illegally killed.

At least these three young eagles have been satellite-tagged so their movements can be followed. The question is, if/when each eagle goes off the radar in suspicious circumstances, who will decide whether this news is suppressed or publicised?

We’ll be taking a close interest.

SNH imposes General Licence restriction on ‘mystery’ gamekeeper

So, SNH has today announced it has imposed two General Licence restriction orders, based on evidence provided by Police Scotland of alleged raptor persecution crimes.

We know that one of those restriction orders has been placed on Edradynate Estate, Perthshire, because SNH has been quite upfront about it and has named the estate (see here).

But what about the other General Licence restriction? Well, according to the SNH press release, this has been imposed on “an individual” rather than on an estate.

This in itself is interesting. We know from the SNH framework for imposing these restrictions that this action can be taken against an individual, as well as on certain areas of land, but the framework document suggests that imposing it on land would be preferable to imposing it on an individual:

“While the wording provides for the exclusion of individuals, it is the intention that where SNH has robust evidence that wild birds have been killed or taken or where there is intention to do so other than in accordance with a licence, SNH will exclude the area of land on which such evidence is found from General Licences 1, 2 and/or 3“.

Hmm. So who is this individual and why did SNH impose the restriction on him/her, rather than on an estate?

The SNH press release points the reader to the SNH webpage on General Licences for “full licence restriction details“. However, when you look at the SNH webpage, all you find is this:

Is SNH having a laugh? The “full licence restriction details” of this particular GL restriction order amounts to one sentence:

“In addition [to the restriction imposed on Edradynate Estate] SNH has imposed a restriction prohibiting the use of General Licences by an individual for 3 years from 15th September 2017“.

That’s it? No name? No information on the area, let alone the name of the land where the evidence of raptor persecution took place? Not even the region?

What’s with the secrecy? Who is SNH shielding, and why?

This could be absolutely anyone! Is it Nicola Sturgeon? Is it Alex Salmond? Is it JK Rowling? Highly unlikely, it has to be said, but you get the point we’re trying to make.

And what happened to the transparency that was promised when former Environment Minister Paul Wheelhouse first announced this new measure to tackle ongoing raptor persecution? He said he expected details of General Licence restrictions to be published on the SNH website to act as “a reputational driver“. That’s not going to happen if SNH withholds the details, is it?

This is a very dangerous precedent to set. SNH has previously withheld details of estates that were being considered for a GL restriction but in that case, the justificiation for being all secret squirrel was reasonable: the GL restrictions hadn’t yet been imposed, but rather the estates had been notified of an intent to impose, and SNH argued that the estates needed time to respond/appeal (see here). That was fair enough.

But in this case, SNH has already imposed the GL restriction, and we’re struggling to understand the justification SNH might have for keeping the details secret.

What is it with statutory agencies and their reluctance to release information that’s clearly in the public interest?

We’ll be submitting an FoI to SNH to ask for further details, and, based on the response, we’ll consider appealing the decision to the Scottish information Commissioner.

In the meantime, have a look at today’s press statement from RSPB Scotland about these latest GL restrictions. This gives us more of a clue about the recipient of the restriction order. The statement includes the following quote from Head of Investigations, Ian Thomson:

“The other restriction was imposed after RSPB investigations staff passed video footage to police of a gamekeeper allegedly setting illegal traps, baited with a dead woodpigeon, very close to a goshawk nest in NE Scotland.”

Ok, now we’re getting somewhere. The recipient of the GL restriction is a gamekeeper, working in NE Scotland, who was filmed allegedly setting illegal traps close to a goshawk nest. And the RSPB has even provided a video clip of the alleged offence, with the individual’s face pixellated (presumably done on legal advice).

Well, quelle surprise! Another gamekeeper trying, allegedly, to persecute a goshawk in north east Scotland. This is becoming quite a habit in this part of the country. First we had gamekeeper George Mutch, caught on video trapping and battering to death a goshawk on the Kildrummy Estate in 2012, crimes for which he went to prison (see here), then we had a gang of masked armed men caught on video shooting at a goshawk nest on Forestry Commission land at Glen Nochty in 2014 (see here), and now this latest case.

But who is this latest gamekeeper and on whose land was he working when he allegedly set this trap?

More on this in the next blog…..

UPDATES:

More on the mystery gamekeeper with the general licence restriction (here).

Crown Office drops 5th case of alleged wildlife crime

Public prosecutors from Scotland’s Crown Office have dropped yet another case of alleged wildlife crime.

According to an article in the Sunday Post (see here), gamekeeper John Charles Goodenough, 32, had been charged after he was allegedly caught with illegal gin traps covered in animal blood, with dead fox cubs found nearby, in May 2016. It is reported Goodenough was employed at the time by Dalreoch Farming & Sporting Estates, owned by the well-connected Wellesley family. It was alleged that Goodenough was using the illegal traps on a neighbouring farm in Ayrshire.

The case was due to be heard at Ayr Sheriff Court on 27 March 2017 but two days prior to the hearing, the Crown Office dropped the case ‘after getting the dates wrong on its paperwork’.

This latest case brings the total of recently abandoned prosecutions for alleged wildlife crime to five. That’s five abandoned cases in the space of two months:

25 March 2017 – gamekeeper John Charles Goodenough (Dalreoch Estates), accused of the alleged use of illegal gin traps. Prosecution dropped due to paperwork blunder by Crown Office.

11 April 2017 – landowner Andrew Duncan (Newlands Estate), accused of being allegedly vicariously liable for the actions of his gamekeeper who had earlier been convicted for killing a buzzard by stamping on it and dropping rocks on to it. Prosecution dropped due to ‘not being in the public interest’.

21 April 2017 – gamekeeper Stanley Gordon (Cabrach Estate), accused of the alleged shooting of a hen harrier. Prosecution dropped as video evidence deemed inadmissible.

25 April 2017 – gamekeeper Craig Graham (Brewlands Estate), accused of allegedly setting and re-setting an illegal pole trap. Prosecution dropped as video evidence deemed inadmissible.

21 May 2017 – an unnamed 66 year old gamekeeper (Edradynate Estate), suspected of alleged involvement with the poisoning of three buzzards. Crown Office refused to prosecute, despite a plea to do so by Police Scotland.

Given how difficult it is to get just one wildlife crime case anywhere near a court, to have five abandoned in the space of two months does not inspire confidence in the criminal justice system.

In fact such was the public concern about some of these cases being abandoned due to the supposed inadmissibility of video evidence, last month the Scottish Parliament’s Environment Committee wrote to the Crown Office to ask for an explanation (see here).

The Crown Office has now responded with this: COPFS letter to ECCLR_EvidenceAdmissibility_May2017

We are not legally qualified to comment in depth about how good or how poor the Crown Office’s response is. If any of our legally-minded readers (Adam?) would like to comment, please do so.

However, what we can say is that this response does not address the question of why the Crown Office made the decision about inadmissibility instead of allowing a court to decide, as has happened in previous cases (e.g. see here).

Nor does this response address the question of why the Crown Office did not believe the RSPB ‘s explanation for their use of video surveillance for monitoring a hen harrier breeding attempt at Cabrach Estate. The Crown Office maintains, without explanation, that the RSPB had installed the video ‘for the purpose of detecting crime’, whereas the RSPB maintains the camera was installed as part of a legitimate monitoring study, an explanation which had been accepted by both the Crown and the court in a similar situation in another case (here).

The RSPB’s case is not so strong in the Brewlands Estate case, where a camera was installed to monitor an illegal pole trap (a trap that the RSPB had since made safe by flicking on the safety catch), although the circumstances might have been different had the police been able to attend the scene as soon as they were notified of an illegally-set trap. Nevertheless, the fact that the Crown Office allowed a year’s worth of court hearings to pass by before deciding to abandon this case, and their unwillingness to communicate their specific concerns to the RSPB, is yet to be adequately addressed by the Crown Office.

The Crown Office’s response also does not explain (although to be fair, it wasn’t asked to) why dropping the prosecution against Andrew Duncan for alleged vicarious liability was deemed to be ‘not in the public interest’, and nor does it explain why a prosecution was not brought against the unnamed Edradynate Estate gamekeeper for the alleged poisoning of three buzzards, despite pleas from Police Scotland to do so.

The Crown Office’s letter to the Environment Committee ends with this:

‘COPFS remains committed to tackling wildlife crime, including raptor persecution. There is a strong presumption in favour of prosecution in cases reported to the Service where there is sufficient admissible evidence and prosecution is in the public interest‘.

You could have fooled us.

To be honest, as frustrating as it was to see these cases abandoned for what seem to us to be spurious reasons, the Crown Office’s unimpressive performance has probably helped move things along, because these dropped cases came at the time when the Scottish Government was already under severe public pressure to do something other than make vague promises to tackle wildlife crime. That’s not to say we are pleased with the outcome of these cases – far from it – but it’s quite likely that these failed prosecutions helped tip the balance and persuaded the Scottish Government that actually, the current system is failing and they need to find new ways of addressing the problem.

Prosecution dropped against gamekeeper in alleged hen harrier shooting

Regular blog readers will know we’ve been tracking the prosecution of Scottish gamekeeper Stanley Gordon, who was alleged to have shot a hen harrier on Cabrach Estate in Morayshire in June 2013.

It took the Crown Office & Procurator Fiscal Service (COPFS) almost three years to charge Mr Gordon, and they just beat the statutory time bar by a few weeks.

The first court hearing took place in May 2016 and there followed a total of nine court hearings in this case. Mr Gordon pleaded not guilty in September 2016 and so a trial date was set for 19 December 2016. This trial date was later dumped and another provisional trial date was set for 15 May 2017.

Today, there was supposed to be a final hearing (intermediate diet) to confirm the trial date. However, we have learned that the case was not called today because the COPFS have dropped all proceedings.

We do not yet know why the case has been abandoned.

There is no chance of anyone else being prosecuted in this case because the case is now time barred.

So in the space of ten days, yet again the COPFS have dropped a long-running prosecution for alleged raptor persecution; they recently dropped a vicarious liability prosecution because, they said, ‘it wasn’t in the public interest to continue‘ (see here).

And just as in the abandoned vicarious liability prosecution, this latest abandonment comes after a protracted period of court hearings, right up to almost the eve of the actual trial date.

Efforts will be made next week to try and find out why the COPFS dropped proceedings, but, as before, we don’t expect much detail to be revealed because public accountability appears to be limited.

It’s worth remembering at this point that hen harrier persecution is listed as a National Wildlife Crime Priority.

We will have more to say about this case in due course.

UPDATE 5 May 2017: Hen harrier shooting on Cabrach Estate – RSPB releases video footage (here)

UPDATE 5 May 2017: Hen harrier shooting – fury at decision to drop prosecution (here)

UPDATE 8 May 2017: Some more thoughts on the shot hen harrier video (here)

UPDATE 11 May 2017: Cabrach hen harrier shooting reaches First Minister’s question time (here)