Category: 2014 persecution incidents

Vicarious liability prosecution: Andrew Duncan (Newlands Estate), part 12

Criminal proceedings continued yesterday (6 December 2016) against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

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

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

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

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

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

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

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

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

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

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

Hearing #9 (2 August 2016): Proceedings moved to trial. Intermediate diet scheduled for 15 November 2016 and provisional trial date set for 7/8 December 2016.

Hearing #10 (15 November 2016): The case was adjourned for another intermediate diet scheduled for 22 November 2016. Trial date of 7/8 December 2016 is dumped.

Hearing #11 (22 November 2016): The case was adjourned for yet another intermediate diet, scheduled for 6 December 2016.

Hearing #12 (6 December 2016): The case was adjourned for yet another intermediate diet, scheduled for 24 January 2017. A provisional trial date (this will be the third time a trial date has been assigned) is scheduled for 24 April 2017.

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

‘Giant buzzards’ eating dogs, warns Tipperary newspaper

The following article was headline news last week in the Tipperary Star, a local rag in the Irish Republic:

ATTACKING BUZZARDS TARGET TERRIERS

By Noel Dundon

A call to have the protection orders on buzzards lifted has been made following a number of incidents in which the birds of prey have taken terriers and other animals in deadly swoops through mid Tipperary.

Buzzards are causing major problems in the mid-Tipperary area at the present time with a number of terriers having been taken, leading to a call for protection orders to be lifted.

Two families have been left in distress after their dogs were preyed upon and killed by giant buzzards in the Templetuochy area where hares, rabbits, cats and other small animals have also been taken.

However, it has also been revealed that are birds of prey circling overhead Deputy Michael Lowry in Glenreigh, Holycross, while Moyaliffe, Drombane, Inch, Clonmore and Castleiney are also areas where buzzards have been spotted on the attack.

There is one report of a Yorkshire terrier having been attacked, but survived and was patched up by a veterinary surgeon, only to be attacked again and killed a short time later – all by the same buzzard which can have a wingspan of up to three feet with very powerful and strong claws used to take prey.

Forested areas which afford cover are the best hunting ground for buzzards and dog and cat owners are being advised to be on the watch out for their pets which could be taken at the blink of an eye.

There are also concerns that with the increase in buzzards, the spring lambing season after Christmas could be an ideal hunting ground for them – but a very costly one for sheep owners.

ENDS

The online version of the article was illustrated with this photograph, entitled ‘A buzzard on the rampage’.

Is this ‘journalist’ having a laugh? Since when did ‘giant buzzards’ (or even normal-sized buzzards) start killing dogs, and since when did the sight of soaring buzzards above a politician’s head become a cause for alarm?

This type of sensationalist, ignorant, scare-mongering would be funny if it didn’t have consequences. Unfortunately, this baseless demonisation of birds of prey does have consequences, and serious ones at that. As we see all too often, there are still people clinging on to 19th Century attitudes who think that raptors are ‘vermin’ and should be destroyed. Articles like this one above will only fuel their prejudice and lead to the illegal persecution of these birds.

Tipperary is no stranger to raptor persecution – in the last few years the following crimes have been recorded:

July 2015: shot buzzard

May 2014: poisoned peregrine

January 2014: shot white-tailed eagle

July 2013: shot peregrine

June 2013: shot peregrine

June 2013: shot peregrine

Raptor persecution is a serious issue in Ireland, and the latest official report shows the trend is pointing upwards with 35 confirmed persecution incidents in 2015 – the highest number since recording began in 2011 (see here).

We’d encourage strong (but polite) words of complaint to the Tipperary Star:

Email journalist Noel Dundon: nd@tipperarystar.ie

Email editor Anne O’Grady: aog@tipperarystar.ie

UPDATE 6/12/2016: BirdWatch Ireland has issued a strong statement in response to the Tipperary Star (see here).

Raptor persecution data withheld from Scot Gov’s latest annual wildlife crime report

wildlife-crime-review-2015The Scottish Government has today published its latest Annual Wildlife Crime Report – the 4th one since it became a statutory obligation under the Wildlife and Natural Environment (Scotland) Act 2011. The current report is entitled the ‘2015’ report, but it actually refers to wildlife crimes recorded from April 2014 to March 2015.

Just like last year (see here), this publication has been issued under a misleading headline, this time with the Government proclaiming a ‘Five year drop in wildlife crime’ (see Scot Gov press release here).

The report provides data on each of the national wildlife crime priority areas, including raptor persecution, but don’t bother wasting any time trying to draw conclusions from these data because it turns out, some has been withheld.

According to a press release by RSPB Scotland on today’s report (here), they say “With regard to raptor persecution incidents, we recognise that a number of confirmed victims of crime are not included in the report as police investigations continue“.

This withholding of data is becoming a regular feature of wildlife crime reporting in Scotland.  We blogged about it earlier this year when PAW Scotland published the ‘official’ 2015 raptor persecution report, with a load of information deliberately withheld (see here).

As we said then, what’s the point of publishing some of the data but keeping the rest secret? It completely undermines any confidence in the report’s findings and turns this annual reporting into a meaningless and farcical charade.

It’s not clear whether the raptor persecution data has been withheld by Police Scotland or by the Scottish Government, or by both. If this withheld information relates to confirmed victims of crime, as RSPB Scotland suggests, there’s absolutely no excuse to keep it secret from the public, especially as these crimes took place around two years ago. When can we expect these crimes to be made public? Next year? 2050? Never?

Let’s hope this issue is raised when the Scottish Parliament’s Environment, Climate Change & Land Reform (ECCLR) Committee comes to scrutinise the annual report as they have in previous years. Let’s also hope that this time, the ECCLR invites evidence from a wider circle of contributors, such as RSPB Scotland, SSPCA, Scottish Badgers etc, instead of just listening to the thoughts of Police Scotland, COPFS and the Environment Minister. That way we might get a better idea of the extent of wildlife crime rather than Police Scotland’s estimation of it, which is apparently based on a senior officer’s ‘feeling’ rather than on hard facts (see here).

Download the report here: wildlife-crime-in-scotland-2015-annual-report

Raptor persecution in Northern Ireland: 2014 annual report published

ni-persecution-reportPress release from Partnership for Action against Wildlife Crime (Northern Ireland)

NI raptor deaths rise, new report reveals

A report into the illegal killing of Northern Ireland’s native birds of prey has been published by the Partnership for Action against Wildlife Crime. It reveals there were nine confirmed illegal poisoning or persecution incidents, affecting 11 protected birds of prey, in Northern Ireland in 2014. This report follows on from the 2009 – 2013 Persecution Report published last year. Between 2009 and 2014 there is now a total of 44 confirmed reports of native birds of prey being illegally killed, plus one confirmed incident of illegal nest destruction.

The report examines occurrence and trends in persecution of these birds, which has allowed PAW to produce ‘hot-spot’ maps to identify areas where crimes against birds of prey are occurring. Of the nine confirmed cases in 2014, four of these occurred in County Down, two in County Tyrone and one in each of counties Londonderry, Armagh and Antrim. The report shows that the most frequent casualties were buzzards and the recently re-introduced red kite, with four of each of these species killed. Red kites and buzzards are particularly susceptible to poisoned baits as they will scavenge on carrion routinely. There were also two peregrine falcons and a sparrowhawk killed.

Four of the incidents involved the use of the highly toxic pesticide ‘Carbofuran’, which has been banned across the EU since 2001. The poison has often been laid illegally to target ‘pest species’ and the birds of prey have fallen victim to its indiscriminate use. However some species or nests have been specifically targeted. Seven birds also tested showed detectable levels of secondary poisoning by rodenticides (bromadiolone, brodifacoum, difenacoum, and/or flocoumafen) – suggesting that these birds have eaten rodents that have ingested rodenticides.  The levels of these chemicals were not deemed to have been the primary cause of death of these birds but highlight that there is misuse of ‘over the counter’ pesticides across Northern Ireland. Users must always read and adhere to the label instructions of the pesticide; they should collect and correctly dispose of any rodent carcasses daily.

Commenting on the report, Minister for Agriculture, Environment and Rural Affairs (DAERA) Michelle McIlveen MLA, said: “This report highlights the ongoing disregard for the safety of people and animals in our countryside through the illegal use of highly toxic poisons.

The loss of vulnerable birds of prey to acts of persecution is extremely worrying, as they are a keystone species in our ecosystem and play an important role in the natural order. Maintaining and enhancing biodiversity is a central objective of my Department. I call on those responsible for these reckless acts to cease doing so and I urge anyone who may have information about these crimes to contact the PSNI or Crimestoppers.” 

Superintendent, Brian Kee, PSNI service lead for rural and wildlife crime added: “It isn’t acceptable for birds of prey or any other wildlife to be killed in this way.  These actions are illegal and the use of toxic poisons is indiscriminate as they put children, pets and livestock at risk too. I would urge anyone with any information on these types of crimes to report this to the PSNI on 101 or anonymously via Crimestoppers on 0800 555 111 and be assured of PSNI continued efforts in the tackling of wildlife crime.”

The report lead author, Dr Eimear Rooney (Raptor Officer for NIRSG) commented: “This is the second report which maps the confirmed bird of prey persecution incidents in Northern Ireland. It is great to have the partner agencies working closely together to combat raptor persecution. This report helps us all to understand the scale and distribution of the problem. It is heart-breaking to think of the deaths of these birds but it is particularly shocking to see the continued usage of highly toxic Carbofuran.”

END

Download the 2014 report here: northern-ireland-raptor-persecution-report-2014

Red kite dead on nest (photo by Northern Ireland Raptor Study Group)

red-kite-dead-on-nest-c-nirsg

Notes to editors:

  • Raptor Persecution is one of the UK Government’s top six Wildlife Crime priorities. Raptor crimes typically comprise illegal poisoning, shooting or trapping events and may occur at any time of the year. It is also illegal to cause disturbance to all breeding raptors or damage their nests or eggs.
  • The Raptor Priority Subgroup comprises Police Service of Northern Ireland (PSNI); Northern Ireland Environment Agency (NIEA); National Wildlife Crime Unit (NWCU); Northern Ireland Raptor Study Group (NIRSG); the Royal Society for Protection of Birds (RSPB); Agri-food and Biosciences Institute (AFBI) and the Health and Safety Executive for Northern Ireland (HSE NI). The Raptor Priority Sub-Group is acting on behalf of and reports back to the main PAW NI steering group currently chaired by the NIEA.
  • Wildlife legislation, namely the Wildlife (Northern Ireland) Order 1985 as amended by the Wildlife and Natural Environment (NI) Act 2011 protects birds of prey from disturbance and/or destruction by special penalties. Penalties can include a custodial sentence and/or up to a £5,000 fine per offence. All raptors are listed on Schedule 1 of the order and there are six raptor species which receive additional protection on Schedule A1 which protects their nests from disturbance or destruction at all times of the year. Schedule A1 includes peregrine falcon, red kite, barn owl, golden eagle white-tailed eagle and osprey.
  • In March 2016 the PSNI, in partnership with the PAWNI Raptor Subgroup members, launched ‘Operation Raptor’. This campaign was developed as a direct result of the publication of the first Bird of Prey Persecution and Poisoning Report, covering the period 2009 – 2013. The ‘Operation Raptor’ campaign is designed to encourage people to report potential crimes to PSNI and also to warn offenders they could face a custodial sentence and/or a fine (up to £5,000 per offence) if they are caught targeting birds of prey through poisoning, shooting or trapping.  Operation Raptor posters are being distributed into ‘hot spot’ areas to highlight the illegal practises to local members if the public, to act as a deterrent to those who seek to kill birds of prey.
  • The Campaign for Responsible Rodenticide Use (CRRU) aims to promote best practice so that rat poisons (rodenticides) in particular should not get into the wildlife food chain where it harms owls, kites and other birds of prey. More information on this can be found at www.thinkwildlife.org
  • A leaflet outlining the protocol for reporting raptor crimes was previously produced by the Raptor Subgroup and is available for download at the following link: http://www.nirsg.com/wp-content/uploads/2014/02/PAWNI-Raptor-Crime-Leaflet.pdf
  • The Bird of Prey Persecution and Poisoning Report 2009-2013, produced by the Raptor Subgroup in November 2015, can be downloaded at the following link: https://www.psni.police.uk/globalassets/advice–information/animal-welfare/documents/pawni-raptorpersecution–poisoning-report-2009-2013-final.pdf
  • More information on the public campaign to ‘Watch Out For Wildlife Crime’ in Northern Ireland can be found at www.wildlifecrimeni.org

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 10

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

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

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

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

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

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

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

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

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

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

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

Hearing #9 (2 August 2016): Proceedings moved to trial. Intermediate diet scheduled for 15 November 2016 and provisional trial date set for 7/8 December 2016.

At hearing #10 on Tuesday (15 November 2016) the case was adjourned for another intermediate diet scheduled for 22 November 2016. A new trial date may be set depending on what happens during this hearing.

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

Following gamekeeper Mr Dick’s failed appeal in July 2016 (see here), we posed a number of questions. These are still to be answered:

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

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

Ministerial reaction to ‘missing’ golden eagles

Following yesterday’s news that eight young satellite-tagged golden eagles have ‘disappeared’ in the Monadhliaths in the last five years (see here), we were interested to read the response from Roseanna Cunningham MSP, the Cabinet Secretary for the Environment.

Here’s the statement that appeared on the Scottish Government’s website:

The Scottish Government has ordered a review of satellite tracking data, following reports from RSPB Scotland that a number of golden eagles have disappeared in the Monadhliath mountains.

Roseanna Cunningham, Cabinet Secretary for Environment, Climate Change and Land Reform, said: “The latest reports of satellite-tagged golden eagles disappearing on or near grouse moors are very disturbing and disappointing. That is why I have instructed officials to analyse the evidence from around 90 surviving and missing satellite-tagged eagles, to discover if there is a pattern of suspicious activity.

Grouse moor management does help species such as curlew and golden plover as well as generating much needed rural employment and income but this cannot be at any price. The public rightly expects all businesses in Scotland to obey the law. Let me be clear: grouse shooting is no exception.

As previously stated, the Scottish Government is prepared to introduce further regulation of shooting businesses if necessary. It will be unfortunate if the activities of a few bring further regulation on the whole sector, but that is the risk those why defy the law and defy public opinion are running“.

END

Yesterday we described her call for a review of satellite-tag data as ‘fatuous’ (see here). Not because such a review is unwelcome; it isn’t. But because the reason given for the review – ‘to discover if there is a pattern of suspicious activity’ – suggests that the pattern of activity is currently unknown. That’s as ridiculous as it gets. Of course the pattern of illegal persecution is already known, and has been for decades. Endless peer-reviewed scientific papers and government reports on golden eagles, hen harriers, red kites and peregrines have unequivocally linked the illegal killing of these raptors with intensively-managed driven grouse moors. Why pretend that this is all news? Why pretend nobody knows what’s been going on?

Taking the example of the Monadhliaths, this area has been a known eagle persecution blackspot since the 1970s! Have a look at this article that was published in the Scotsman on 11 March 1993 (we blogged about it here):

the_mountains_where_eagles_die_map-compressed2

To be fair, in recent years a number of more enlightened landowners in this area have been working closely with conservationists, resulting in a small increase in golden eagle survival on a few local estates, but as clearly seen from yesterday’s news, there are still other estates in the Monadhliaths that have yet to drag their sorry backsides away from the (now illegal) ‘management’ practices of the 19th Century.

Nevertheless, we do welcome the news that the Cabinet Secretary is actually doing something this time, instead of just churning out the same tired old Government rhetoric of ‘We will not hesitate to take further action if necessary’. It is necessary and we do expect to see ‘further action’ without any more stalling or prevarication. If you hear hooves, Cabinet Secretary, look for horses, not zebras.

But it’s not just the reaction of the Environment Cabinet Secretary that interests us. It turns out that another Cabinet Secretary should be taking more of an interest than most. Fergus Ewing MSP is the Cabinet Secretary for Rural Economy and Connectivity. He also happens to be the Member of the Scottish Parliament representing the constituency of Inverness and Nairn.

If you look at the map of Fergus’s constituency, and then look at the map showing the last known locations of those eight satellite-tagged golden eagles, you’ll see that a good few of the points where the eagles were last recorded lie within Fergus’s constituency boundary.

Inverness Nairn constituency map

FergusEwing Constituency Monadhliaths

ge disappeared

Now, we know that Fergus’s job is to represent the interests of ALL his constituents (estimated at 66,619 voters, according to his website). We know he does a good job of representing the interests of a tiny fraction of those constituents who are involved with the game-shooting industry – there’s a picture floating around of him attending the Moy Game Fair last weekend – wearing a Scottish Gamekeepers’ Association tie.

But what about the interests of the tens of thousands of his other constituents? We’re pretty sure that most, if not all, will be appalled to discover what’s still going on in their area. What will Fergus be doing about that?

Will he be encouraging his constituents to sign this petition calling for the Scottish Government to introduce a licensing scheme for all gamebird hunting?

A good many of his constituents have already signed this other petition, calling for an outright ban on driven grouse shooting (which has just smashed through 90,000 signatures, on it’s way to 100,000 and a parliamentary debate in Westminster).

We’ll watch with interest to see what both these Cabinet Secretaries do next.

40 eagles, 10 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).

In December 2013 we had to do another update: ‘31 eagles, 7 years, 0 prosecutions’ (see here).

In April 2014 we had to do another update: ’32 eagles, 8 years, 0 prosecutions’ (see here).

Fearnan Angus Glens Dec 2013 - Copy

After this morning’s news (here) that eight young satellite-tagged golden eagles have ‘disappeared’ on grouse moors in the Monadhliath Mountains over the last five years, we thought it was time for another update. This time it’s called: ’40 eagles, 10 years, 0 prosecutions’.

36 of these 40 eagles have either been found dead on, or have ‘disappeared’ on, Scottish grouse moors. (The other 4 have either died or have ‘disappeared’ in other habitat types).

Three of these 40 eagles have ‘disappeared’ in 2016. So much for the grouse-shooting industry claiming that they’ve cleaned up their act and that persecution is a thing of the past. The tactics of how to kill an eagle have clearly changed (see here) but the persecution continues.

As before, a number of eagles included in this list (16 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.

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. 40 eagles in the last 10 years is the bare minimum. The number of prosecutions (zero) is indisputable.

MAY 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. No prosecution.

JUNE 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. No prosecution.

AUGUST 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. No prosecution.

NOVEMBER 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. The eagle has not been seen again. With no carcass, an investigation isn’t possible.

MAY 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 fence posts 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’. No prosecution.

JUNE 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. No prosecution for poisoning the golden eagle.

JULY 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. No prosecution.

AUGUST 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. No prosecution.

MAY 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. No prosecution for poisoning the golden eagle.

MAY 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. No prosecution for poisoning the golden eagle.

MAY 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. No prosecution for poisoning the golden eagle.

JUNE 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.

JUNE 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.

JUNE 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.

JUNE 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.

JUNE 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. No prosecution.

JUNE 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. No prosecution.

DECEMBER 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.

FEBRUARY 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’?

MARCH 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. A poisoned buzzard, a poisoned bait and a shot short-eared owl were found. No prosecution.

APRIL 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. No prosecution.

SEPTEMBER 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’?

NOVEMBER 2011: The signal from a one-year-old satellite-tracked golden eagle (#57124) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MARCH 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. No prosecution.

MARCH 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. No prosecution.

MAY 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’?

MAY 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. No prosecution.

JULY 2012: The signal from a one-year-old satellite-tracked golden eagle (‘Foinaven’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 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. No prosecution.

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

JUNE 2013: A dead golden eagle was found under power lines 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.

JULY 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’?

DECEMBER 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. No prosecution.

MARCH 2014: The signal from a one-year-old satellite-tagged golden eagle (#129002) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

APRIL 2014: The signal from a young satellite tracked white-tailed eagle (the first fledged sea eagle chick in East Scotland in ~200 years) unexpectedly stopped transmitting after its last signal from the North Glenbuchat Estate in Aberdeenshire. Police raided the property a couple of weeks later. No prosecution.

OCTOBER 2014: The signal from a one-year-old satellite-tagged golden eagle (#107133) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2014: The signal from a two-year-old satellite-tagged golden eagle (#119886) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MAY 2016: The signal from a less-than-one-year-old satellite-tagged golden eagle (#00000583) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2016: The signal from a two-year-old satellite-tagged golden eagle (#129010) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JULY 2016: The signal from a two-year-old satellite-tagged golden eagle (#129015 ‘Brodie’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

THE UNTOUCHABLES: 40; JUSTICE: 0

Cabinet Secretary for the Environment Roseanna Cunningham has responded to this morning’s news (read her statement here) by calling for an analysis of the satellite tag data from around 90 surviving and missing eagles “to discover if there is a pattern of suspicious activity“. It just beggars belief. We’ll shortly be blogging in more detail about her response and that of the Scottish Moorland Group, which is equally as fatuous.

In the meantime, please sign this petition (here) calling on the Scottish Government to introduce a licensing scheme for gamebird shooting.

And then please sign this petition (here) calling on the Westminster Government to ban driven grouse shooting.

ALMD

Young golden eagles ‘disappearing’ on grouse moors in Scottish Highlands

RSPB press release:

RSPB Scotland has issued an appeal for information following the disappearance of another young golden eagle, the eighth of this species to vanish in the same area in less than five years. The young female golden eagle, named Brodie, hatched two years ago and was fitted with a satellite transmitter shortly before she fledged from her nest. Brodie was being monitored by conservationists as part of a national study to improve our understanding of the movements and survival of young golden eagles. Her last recorded position placed her in the northern Monadhliath mountains, south east of Inverness on 2nd July this year.

Since November 2011, eight golden eagles, all less than three years old, fitted with satellite transmitters have disappeared in the same area. The birds were being monitored by RSPB Scotland, the Highland Foundation for Wildlife, Natural Research Ltd and Forestry Commission Scotland. Satellite transmitters are increasingly being used to study the movements of wild birds to gain an understanding of their behaviour and travels following fledging. They are fitted under special licence by a small number of highly accredited individuals, and golden eagle experts. Satellites continue to transmit if a transmitter becomes detached from a bird, or if a tagged bird dies naturally allowing recovery of the body.

ge disappeared

Despite comprehensive searches, under the authority of the Police, of the areas around the last recorded positions of all eight eagles none of the birds or transmitters have been recovered, and no further data has been received from the transmitters. The first eagle vanished after last being recorded in the hills above Strathdearn in November 2011; following this a second disappeared in July 2012, and a third in March 2014. In October 2014, transmissions from two further eagles stopped at another location across the valley, three weeks apart. Three eagles’ tags stopped transmitting at a scatter of locations in the hills above the River Findhorn, in May, June and the latest bird, Brodie, in early July this year [1].

Since satellite transmitters first began to be fitted to raptors in Scotland around ten years ago several tagged birds were subsequently found to have been illegally killed [2]. All had been poisoned except for one which had been caught and injured in an illegal trap prior to being deliberately moved to another location. More recently, tagged birds have tended to go off the radar [3]. In every case, data received from the transmitters prior to their disappearance indicated the tags were functioning correctly, before suddenly stopping.

The golden eagle that disappeared in May 2016, a young female, had fledged from a nest in Galloway in 2015, one of only two fledged young from the tiny population of this species in the south of Scotland that year. The golden eagles in this area do not tend to leave the south of Scotland and so it was very unusual that this young bird roamed north rather than exploiting the vacant territories close to where she fledged.

DumfriesGalloway GE chick

Dave Anderson from the Scottish Raptor Study Group, who tagged this eagle said: “I was privileged to satellite-tag this large female chick in July 2015 with a fellow member of the SRSG who monitors the site. This bird was the first successful fledging from any nest in this area since 2010. The data we were receiving from her was of great interest as we followed her journey northwards to Cairngorms National Park, with excellent location information.

“We were looking forward to seeing if she would head south again later in the year, however the tag stopped transmitting abruptly on the 18th May 2016, shortly after her first birthday. This is a very sad end to arguably one of the most important golden eagle chicks fledged that year in Scotland. There are no words to describe how disappointed I am at this bird’s disappearance”.

RSPB Scotland’s Head of Investigations, Ian Thomson, said “It is surely no coincidence that the overwhelming majority of satellite-tagged birds of prey that have disappeared in Scotland have been in areas intensively managed for gamebird shooting and in areas that have an appalling previous record of confirmed incidents of raptor persecution. These eight birds have all disappeared in an area where driven grouse moor management dominates the landscape, and where there have been many previous cases of illegal killing of protected raptors, including the poisoning of a golden eagle and a white-tailed eagle as recently as 2010 [4].

“Given the reliability of the transmitters, the chance of so many birds disappearing over such a short timescale without some kind of human interference is so small as to be negligible. The pattern we see here is consistent with the birds having been killed and the transmitters destroyed.

“Once again, the commendable positive efforts of those landowners and estates who welcome golden eagles and host their nesting attempts, including elsewhere in the Monadhliaths, are being catastrophically undermined by those who have a complete disregard for the law, and who continue to threaten the conservation status of these magnificent birds. All of these eagles were young birds exploring Scotland before establishing their own territories and with their disappearance any potential future breeding by them to aid the population’s recovery is also lost.

“We ask that if anyone can provide information as to the fate of these eagles that they contact Police Scotland or RSPB Scotland’s investigations team.”

Notes:

  1. The eight eagles that have disappeared since November 2011 in the Monadhliath mountains are:
Tag no./Bird name Date and place fitted with tag Date last recorded
57124 6th July 2010, at a nest in south Inverness-shire 22nd November 2011
“Foinaven” 29th June 2011, at a nest in north west Sutherland 17th July 2012
129002 1st July 2013 on Mull 5th March 2014
107133 30th June 2013, at a nest in north Perthshire 9th October 2014
119886 29th June 2012, at a nest in Deeside 31st October 2014
00000583 5th July 2015, at a nest in Galloway 18th May 2016
129010 1st July 2014, at a nest in south Inverness-shire 4th June 2016
129015 “Brodie” 26th June 2014, at a nest in east Inverness-shire 2nd July 2016
  1. Satellite-tagged golden eagles found to have been illegally killed:
  • 1 poisoned in Angus, 2009
  • 1 poisoned in Glenbuchat, Strathdon, in 2011
  • 1 poisoned in Lochaber in 2012
  • 1 illegally trapped in Angus in 2012
  • 1 poisoned in Angus in 2013
  1. Other raptors that have gone off radar include three satellite-tagged golden eagles and a white-tailed eagle which disappeared in September 2011, February 2012, May 2013 and April 2014 respectively, all in upper Donside. Other tagged golden eagles have disappeared in west Aberdeenshire (May 2012) and Angus (February 2011).
  1. A golden eagle and white-tailed eagle found dead in the Monadhliath mountains in 2010 were confirmed as having been illegally poisoned with carbofuran at the laboratory of Science and Advice for Scottish Agriculture (SASA) – SASA ref. No. 10123
  1. A Scottish Natural Heritage review of wildlife crime records and other threats found that the golden eagle population in the the Monadhliath mountains had unfavourable conservation status, with poisoning in particular being associated with grouse moors. (“A Conservation Framework for Golden Eagles”, SNH 2008) http://www.snh.org.uk/pdfs/publications/commissioned_reports/193.pdf

END

We’ll be blogging more about this later today…

In the meantime, please sign this petition (here) calling on the Scottish Government to introduce a licensing scheme for gamebird shooting.

And then please sign this petition (here) calling on the Westminster Government to ban driven grouse shooting.

UPDATE: Interesting blog about the use of satellite tags and what they tell us about raptor persecution, written by Head of RSPB Scotland Investigations, Ian Thomson here

UPDATE: Full formal response from Cabinet Secretary for the Environment Roseanna Cunningham here

UPDATE: 40 eagles, 10 years, 0 prosecutions (blog) here

UPDATE: Ministerial reaction to ‘missing’ golden eagles (blog) here

MEDIA COVERAGE

BBC News here

The Guardian here

The National here

The Herald here

Press & Journal here

STV News here

BBC Radio Scotland interview with Ian Thomson (Head of Investigations RSPB) here (starts at 1:50:05) – available for 29 days.

BBC Radio Scotland interview with Tim (Kim) Baynes (Scottish Moorland Group) here (starts at 2:40:00) – available for 29 days.

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 9

Criminal proceedings continued on 2 August 2016 against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

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

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

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

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

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

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

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

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

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

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

At hearing #9 yesterday (2 August), the proceedings moved to trial. An intermediate diet is scheduled for 15 November 2016 (this is a short hearing where the court determines that both the prosecution and defence are prepared for trial). If the intermediate diet goes smoothly, the actual trial has been set for 7th & 8th December 2016.

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

Following gamekeeper Mr Dick’s failed appeal in July 2016 (see here), we posed a number of questions. These are still to be answered:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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