Category: News

26 eagles, 6 years, 0 prosecutions

In April we wrote a blog called ’21 eagles, 6 years, 0 prosecutions’ (read it here). It’s now five months later and we thought we’d update it. It’s now called ’26 eagles, 6 years, 0 prosecutions’.

As we discussed before, some of these eagles are just ‘missing’ and may not be dead, although the frequency with which these sat-tagged eagles & harriers are going ‘missing’ is indicative of something more sinister, of that there’s no more doubt. It’s also reasonable to point out that there may be (probably will be) a hell of a lot of other eagles that we haven’t included in this list because we just don’t know about them. We only see the tip of a very very large iceberg, as is becoming clearer to everyone by the day.

So, here we go….

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. Six years and 4 months later, nobody has been prosecuted.

 

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. Six years and 3 months later, nobody has been prosecuted.

 

 

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. Five years and 1 month later, nobody has been prosecuted.

 

 

AUTUMN 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on an estate in Angus. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. Five years later, the bird has not been seen again. With no body, 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, Angus. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fenceposts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. Four years and 4 months later, nobody has been prosecuted.

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. Nobody has been prosecuted for poisoning the golden eagle.

JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate, Angus. 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. Three years and 2 months later, nobody has been prosecuted.

AUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate, Angus. Tests revealed it had been poisoned by the illegal pesticide, Carbofuran. Tayside Police were criticized in the national press for not releasing a press statement about this incident until January 2010. Three years and 1 month later, nobody has been prosecuted.

MAY 2010: Three dead golden eagles were 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. Two years and 4 months later, nobody has been prosecuted for poisoning the three golden eagles.

JUNE 2010: 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 and a white-tailed eagle were found dead on Farr Estate, Inverness-shire. Tests revealed they had been poisoned by the illegal pesticide, Carbofuran. Northern Constabulary apparently did not search the property until July 2011. Two years and 3 months later, nobody has been prosecuted.

 

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.

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. One year and 4 months later, we are not aware of any pending prosecutions.

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. We are not aware of any pending prosecutions.

NOVEMBER 2011: The signal from a satellite-tracked young golden eagle (hatched in 2010) stopped functioning when she was at a location in the Monadhliaths, a well-known raptor persecution black spot in the Highlands. Her last known location was checked by researchers but there was no sign of the bird. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

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. As far as we are aware nobody is being prosecuted for poisoning this bird.

 

MARCH 2012: The signal from a satellite-tracked young golden eagle (hatched in 2011) stopped functioning when the bird was in the eastern glens, a well-known raptor persecution blackspot. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

 

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) suggests it had been caught in an illegal trap 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 is only released almost five months later, by the RSPB. It appears the police failed to properly investigate this incident as no search warrants were issued. As far as we are aware, nobody is being prosecuted for killing this bird.

MAY/JUNE 2012: The signal from a young satellite-tracked golden eagle stopped functioning when the bird was north-east of the Cairngorms National Park. Another technical malfunction of a satellite transmitter or another ‘disappearance’ in suspicious circumstances?

 

If reading this list has left you wondering how can this still be happening in 21st century Scotland, and questioning why it seems to be impossible to prosecute anyone for these killings even with what appears to be plenty of supporting evidence to back the cases, then you probably want to ‘do’ something about it. The best thing you can do, right now, is to email the new Scottish Environment Minister, Paul Wheelhouse MSP. Tell him that this scandalous situation has to stop once and for all and ask him how he intends to address the problem. Tell him you are sick of being asked to consider all possibilities to explain these dead or missing eagles except the most likely one. Tell him that the Scottish Government is in a position to bring in changes to stop this disgrace and that they haven’t already speaks volumes. Tell him enough is enough and you want to see ACTION. He probably agrees with all these sentiments already but it’s important that he hears it from us all directly. Think about the details of the slow and agonising death of that poor young golden eagle that we read of yesterday and make it’s death mean something. ministerforenvironment@scotland.gsi.gov.uk

why is it so difficult to investigate the illegal killing of a golden eagle?

Way back in June, we blogged about a golden eagle that had been found dead in suspicious circumstances in Grampian in May (see here). Four and a half months after the dead bird was found, a press release has now been issued by the RSPB which provides the sickening details of how this eagle is believed to have been destroyed (read it here, if you’ve got a strong stomach). It is reproduced below:

CONSERVATIONISTS APPALLED BY EAGLE DEATH

RSPB Scotland has today issued an appeal and a reward for information, following the discovery of the body of a golden eagle on Deeside.

The bird, fitted with a satellite transmitter, was found on 5 May 2012, after signals sent by the transmitter indicated that the bird had not moved for several days.

The body was found, lying face down, with its wings folded, under a tree branch, close to a lay-by on a quiet country road near Aboyne, and was seized as evidence by officers from Grampian police.

The carcass was then taken for a post mortem at the Scottish Agricultural College laboratory in Aberdeen. This concluded that the bird had suffered two broken legs due to trauma ‘that could be consistent with an injury caused by a spring type trap’ and that the severity of these injuries ‘would prevent the bird from being able to take off.’

The bird had been fitted with a transmitter by RSPB Scotland staff, in full partnership with a local landowner, a few days before it had fledged from a nest in the Monadhliath Mountains, south-east of Inverness, in July 2011.

By re-examining the satellite data, staff discovered the young bird spent its first few months in its natal area before venturing further afield. By April 2012 it was frequenting an area of upper Deeside, before moving south-west into Glenshee.

On 28 April, the bird moved eastwards into Angus. The following day, at 6am, the bird was located on a hillside overlooking Glen Esk. Over the next 15 hours, a succession of satellite tag readings, accurate to within less than 20 metres, showed that the bird did not move from this precise spot until at least 9pm that evening, after nightfall.

However, by 4am the next morning, 30 April, according to transmission data, it appeared to have travelled during the hours of darkness, some 15km north, to the location where its body was subsequently discovered some five days later. Satellite readings revealed that whilst the bird did not move from this position, it was probably alive until 4 May.

Follow-up enquires by both Tayside and Grampian Police found no further evidence as to how the eagle came to suffer its injuries, nor could it be established how the eagle came to move from Glen Esk to a position under a tree branch on Deeside overnight. However, a number of eagle down-feathers were found between the lay-by and the bird’s final resting place.

Ian Thomson, RSPB Scotland’s Head of Investigations, commented: ‘It is disgraceful that this magnificent bird was subjected to such suffering. The post mortem evidence suggests that this bird was caught in an illegally set-trap, smashing both legs. The data obtained from the satellite transmitter indicated that the eagle did not move from one spot on a hill high above Glen Esk, for over 15 hours. Then, during the night, when eagles do not readily fly, it has inexplicably moved to a new position, hidden under a tree and close to a road. Here, over the next four days, this eagle suffered a lingering death.’

Stuart Housden, RSPB Scotland Director, added: ‘Anyone who cares about our wildlife will be disgusted by what appears to be an appalling crime and the lengths taken to hide the facts from discovery. Whilst efforts to stamp out the illegal poisoning of birds of prey are perhaps beginning to yield results, this dreadful case shows that the persecution of our raptors continues through the use of traps and other means.

‘We call upon anyone who can provide further information about this case to contact the wildlife crime officer at either Tayside or Grampian Police without delay. Cases like this really do have a negative impact on Scotland’s reputation as a country that respects and values all its wildlife heritage. I am today offering a £1,000 reward for information that will assist a successful prosecution.’

ENDS

Yet again, as in so many other alleged persecution cases, there has been an unexplained and lengthy delay in releasing this information to the public. It should not take this long, especially for such a high-profile incident of such an appalling nature. Isn’t investigating wildlife crime a supposed ‘priority’ amongst Scottish police forces? That’s what we’re told! The reality still seems somewhat removed from that ideal, even after all this time and all these other cases with which to fine tune a response. Note that it’s the RSPB that has released this information today; not Tayside Police and not Grampian Police.

We’ve been given some interesting information about this incident. The press release states that this eagle’s satellite tag sent signals from “a hillside overlooking Glen Esk” and those data apparently suggested the eagle didn’t move from that precise spot over a 15-hour period, until it inexplicably moved, under cover of darkness, close to a layby 15 km north over the border into Grampian. Well, according to the grid reference provided by the sat tag, which may or may not be accurate because accuracy can be affected by a number of variables, this location is on Millden Estate. Millden Estate may be a familiar name to some as it was where a young sat-tagged golden eagle named ‘Alma’ was found poisoned in 2009 (see here). Nobody has ever been charged in connection with her death.

It appears the police trusted the accuracy of the sat tag data enough to pinpoint a location for an informal ‘search’ on Millden although the extent of this ‘search’ was apparently limited to the precise grid reference  from the sat tag. We understand that a search warrant was not requested to examine vehicles or the wider estate for potential evidence. Why not? It’s also worth noting that there are two other sporting estates in Glen Esk – were either of these also searched as part of this inquiry? If this eagle had been caught in an illegal spring trap in Glen Esk, as is being alluded to in the media, who’s to say on which estate the trap was located? (although that assumes the trap was un-anchored, which would be highly unusual). That’s where a wider search, especially of vehicles, might have come in useful.

So here we are again. YET ANOTHER eagle persecuted in Scotland and YET ANOTHER profoundly unsatisfactory response from those with a  statutory duty to investigate. How many more of these (e.g. see here for a long list of others) do we have to endure before we see a fundamental change in the way these offences are investigated and prosecuted?

UPDATE 25th September: If you would like to use your anger about this case in a positive way, please send an email to the new Scottish Environment Minister, Paul Wheelhouse MSP, to tell him how you feel about this disgraceful crime: ministerforenvironment@scotland.gsi.gov.uk He already knows about the incident – he tweeted about it last night: @PaulWheelhouse “Absolutely appalling – disgusted with whoever did this“. What he might not know is the strength of feeling of the rest of us.

UPDATE 26 February 2013: Deeside golden eagle fiasco rumbles on as SGA release their ‘report’ (here)

Langholm harrier disappeared already?

In August we blogged about the publicly-available maps showing the dispersal movements of the two satellite-tagged hen harriers from Langholm (see here). We also blogged about a map update earlier in September (see here).

Since then there’s been a further update (Weds 19th Sept) although mysteriously, the update (see here) only discusses the movements of the male harrier (Barry). There’s no mention whatsoever about his female sibling (Blae). Suspicious?

Time will tell. Although anyone going to the public hen harrier seminars at the Watson Bird Centre tomorrow (see here for programme) might just want to ask there.

Dear Diary…

Here’s a rare opportunity to look into the world of  the ‘modern’ gamekeeper. These are extracts taken from a Scottish gamekeeper’s diary. We were shown these diaries by someone from within the keepering world who wishes to remain anonymous, for obvious reasons. Worryingly, the diary-writer is still currently employed as a full-time gamekeeper. We’ve split the entries into different years – the following is from 2008. See how many wildlife crime offences you can spot:

Thurs 3rd January: set baits in Glen S & right hill

Sat 5th January: John P came for rabbits & Alpha

Weds 16th January: Gassed fox at Black Brae Lower

Fri 25th January: Eggs out on Top Moor + rabbit for crows by Big Wood

Fri 1st February: Lifted eggs Top M & set out at edge of Middle.

Tues 5th February: Shot dog Glen S.

Mon 11th February: Lifted eggs Top M. Shot kestrel.

Tues 19th February: Baits out at Harry’s, rabbits & hares

Thurs 21st February: Pick up gins from Glen side. Got female peregrine.

Fri 29th February: Done traps at S Corner and more eggs out. Saw pair peregrines at Millers.

Sat 1st March: baits out with Jim at Middle. Missed a cock harrier. Staked pigeon at Millers.

Sun 2nd March: Got peregrines at Millers. Eggs out on Broadfield.

Tues 4th March: Got 2 buzzards, 2 rooks + 9 crows. Rabbit out for others.

Fri 7th March: Got a vixen at T Moor. Put out birds by low fence.

Sun 9th March: Eggs at Glen side again.

Weds 12th March: Eggs up, tracks seen. Done baits at Gordon’s. Sheep shot for midden 3.

Thurs 13th March: Got buzzard at Becks. More rabbits out. Alpha.

Sat 15th March: Picked ups crows & eggs Langsmere. Saw 2 harriers.

Tues 18th March: Set eggs JB & baits southside.

Weds 19th March: Got a cat on Red moor.

Thurs 20th March: Got SE owl & set 59 eggs Lower bank.

Sat 22nd March: 1 harrier at Langsmere. Merlins at Merv’s.

Mon 24th March: Snares at Glen side. 26 foxes so far.

Tues 25th March: Missed harrier at Langsmere. Baited Broadfield again.

Thurs 27th March: Got a badger with John S. He heard gos behind Big Wood.

Fri 28th March: Lifted eggs Lower bank. More set at Harry’s.

Mon 31st March: Crow cages out Big Wood.

Wed 2nd April: Harrier trap empty.

Thurs 3rd April: Pair eagles seen southside.

Fri 4th April: Put eggs T Moor. Shot rabbits for baits.

Sun 6th April: Crow cages done. Eggs checked.

Weds 9th April: Baits out Glen side. Tom collected pigeons.

Fri 11th April: Got buzzards at JB.

Tues 15th April: Gos in crow cage. Gave it to PL.

Fri 18th April: Baited traps & re-did snares.

Tues 22nd April: Eggs & hares out in the Sloughs.

Sun 27th April: Eggs lifted Sloughs.

Fri 2nd May: Put out more baits.

Sat 3rd May: Pigeons staked upper side. Got tiercel.

Weds 7th May: Set eggs.

Thurs 15th May: Put baits out at Bothy.

Sat 17th May: 3 buzzards in crow cage. Re-set.

Thurs 22nd May: Two Peres at Glen side. Got one.

Weds 28th May: Eggs lifted more baits out. Rabbit gone at Bothy.

Mon 2nd June: Set pheasant eggs at Big Wood. Did crow traps.

Sun 8th June: Litter of foxes gassed behind GateBridge.

Fri 13th June: Partridges into pen.

Mon 23rd June: Put eggs out Broadfield.

Weds 2nd July: Gassed another litter with Paul at Stebb’s.

Fri 1st August: Got a short eared owl. Lifted eggs Broadfield.

Tues 5th August: Moved crow cages to RT.

Sun 10th August: Spar caught. Trap re-set.

Fri 12th Sept: 42 brace at Sam’s but harrier seen.

Fri 26th Sept: New snares out.

Thurs 2nd Oct: Two eagles seen Glen S. 1 buzzard in crow trap at T Moor.

Tues 7th Oct: Hare baits out Langsmere.

Thurs 16th Oct: Shot sheep for midden 3.

Mon 20th Oct: Pigeons 5pm

Weds 22nd Oct: Shot a kestrel at Sam’s.

Fri 31st Oct: Merlin pair done North Bothy.

Sat 8th Nov: 6 pigeons put out Big Wood.

Tues 25th Nov: Baits out with Paul.

Fri 19th Dec: Put grouse on T Moor.

Langholm harriers on the move

Very pleased to see regular updates are being made available to show us the movements of the 2012 sat-tagged Langholm harrier chicks. Well done Cat Barlow, the project officer at the Langholm Moorland Education Project, who is providing these updates on her blog, called ‘Making the Most of Moorlands’ (see here for latest maps).

The latest update (Sept 10th) reveals the male (Barry) has headed south while the female (Blae) has gone north. Things should start to get interesting now…

’36th buzzard found dead’ in persecution blackspot

Thanks to @EimearRooney1 for the following tweet:

“36th buzzard found dead at Drumbanagher, Co. Armagh, this week. Coincidence? Unlikely. The PM will be interesting“.

Indeed.

Previous post about this area here.

UPDATE: Buzzard testing positive for Alphachloralose.

Scottish wildcat: going, going….

Scottish wildcats will be extinct in the wild within months, according to a new report (see here and here). Disease and inter-breeding with domestic and feral cats are considered to be main threats, although illegal persecution on sporting estates and farms is also considered to be a problem, according to the Scottish Wildcat Association (here). One academic believes the blame for the demise of the Scottish wildcat ‘can be placed firmly at the door’ of Scottish shooting estates who set thousands of indiscriminate snares every year (see here).

Surprisingly, the Scottish wildcat is not on the SGA’s ‘vermin’ list (i.e. animals that they think should be culled to protect their game stock). Indeed, the SGA was a partner in the Cairngorms Wildcat Project, helping to develop protocols for so-called wildcat-friendly predator control. These protocols included issuing wildcat ID cards to keepers, encouraging them not to shoot on sight if there was any doubt about the species’ identification, and the use of live traps instead of night-time shooting to reduce the risk of a wildcat being shot accidentally (see here for the Cairngorms Wildcat Project Final Report 2012).

However, with the latest estimate of 35 individual wildcats remaining in the wild, is it all a bit too late? The Scottish Wildcat Association are urging ‘bold action’ from SNH and the Scottish Government. Let’s hope they respond accordingly.

Video footage of animal cruelty: one rule for one….

William MacKenzie, a 68-year old pensioner who claimed to be running an animal rescue centre from his home in Shrewsbury, has been given a lifetime ban from keeping all animals after he was convicted of nine animal welfare offences, including punching and kicking birds of prey. He was convicted after the court saw video footage of his activities that had been filmed by his neighbours.

Interesting that this video footage was considered to be acceptable evidence, whereas video footage of a Scottish gamekeeper beating trapped birds to death with a stick inside a crow cage trap was deemed inadmissable (see here).

Well done to the neighbours who took action, to West Mercia Police, the RSPCA and the Crown Prosecution Service for the successful prosecution, and to the magistrates for handing out a suitable sentence.

Article in the Shrewsbury Chronicle here and Daily Mail here

Glen Orchy: a hollow victory

Last Friday, Tom McKellar, an employee of Auch Estate, an Argyll sporting estate in Bridge of Orchy, was convicted of possessing the illegal poison Carbofuran and was fined £1,200 (see here). This conviction should be a cause for celebration, and in some respects it is, but there is also an overwhelming sense of disappointment and frustration. We had all thought this was a pretty clear-cut case, with lots of investigative resources thrown at it, a strong evidential trail and a known suspect. We were further encouraged by a statement given by the then Scottish Environment Minister, Roseanna Cunningham, who said:

“I am truly appalled that yet another golden eagle has been illegally killed in Scotland – the second this summer. Illegal poisoning is simply inexcusable and while the perpetrators are certainly beneath contempt they are in no way above the law“.

Given the nature of the alleged offences (wildlife & firearms), we were certain that a custodial sentence was inevitable. How stupid were we?

It all started to unravel in December 2010, 18 months after the poisoned eagle was found dead in Glen Orchy. We learned that Tom McKellar had been convicted of possessing two illegal handguns, but instead of receiving the mandatory five-year prison sentence, he was given just 300 hours community service and a commendation from the judge who reportedly told him: “There is no doubt you are an outstanding individual” (see here). There was little mention in the media about the poisoned golden eagle or the stash of illegal poison that had been found at McKellar’s house during the original police search. We were suspicious that the wildlife crimes were being ignored and that COPFS had decided to just take on the firearms offences because, in the eyes of the law, these are greater crimes than the poisoning offences and would normally result in a custodial sentence.

Based on these suspicions, we blogged about the case in January 2011, and suggested that no charges were being brought against anyone for poisoning that eagle. We also encouraged readers to contact the Scottish Government to complain. Many did, and all hell let loose. The Scottish Government responded by saying that the firearms offences were being dealt with separately, at a court with a higher authority than a Sheriff Court, and that the wildlife offences were still ‘being dealt with’. A well-known prosecutor threatened us, indirectly, with legal action. For what? Expressing an opinion? As it turns out, we were right all along, nobody has been prosecuted for poisoning that golden eagle, although we’ve had to wait for over three years to have this confirmed.

It then all went quiet for a while, at least publicly. It’s not known whether COPFS bowed to pressure to take forward the wildlife crime prosecution or whether they had actually been pursuing the charge all along, but that it took over three years for the case to conclude is probably quite telling.  Not that it really matters now anyway; what matters is the outcome.

So, a conviction was eventually secured, although this was just for ‘possession’ of a banned substance; in our opinion this is the least significant charge of any that could have been brought. McKellar admitted during interviews that he had laid out poisoned baits ‘in the past’, and yet he wasn’t charged for that. Were the words ‘in the past’ significant in the decision not to press charges for that offence? What does ‘in the past’ mean, anyway? Two years ago? Two weeks ago? Two days ago? Two hours ago? In addition to the poisoned golden eagle, a Carbofuran-poisoned fox was found and also a dead sheep laced with Carbofuran. Someone was clearly still putting out poisoned baits, but COPFS accepted McKellar’s claim that he wasn’t responsible. It’s unfortunate that these types of offences are only dealt with as summary cases in a Sheriff Court. It would have been interesting to hear what a jury might have thought had the charges been heard in a higher court. Again, we’ll never know and we have to accept that McKellar is guilty of nothing more than possessing the banned poison Carbofuran (oh, and possessing two illegal handguns).

It’s hard not to think that McKellar has come out of all this relatively lightly. It’s also hard to believe that his punishments will act as any sort of deterrent to other would-be criminals. He avoided a mandatory five-year prison term for the firearms offences, and he was fined just a fraction of the amount that he could have been fined for possessing the illegal poison Carbofuran. It appears that he has also kept his job. Auch Estate is currently up for sale (for a mere £8.4 million) and a look at the sales particulars (Auch Estate sales brochure 2012), dated August 2012, indicates that the new owner has to take on the current Estate employees under the TUPE regulations, including Farm Manager Tom McKellar. These sales particulars also show that almost £700,000 was paid in grants and subsidies during 2011; it would be interesting to know whether there will be any forfeiture of these payments following McKellar’s conviction, although based on previous experience, this information is exceptionally difficult to access, even though it’s public money! It would also be interesting to hear whether McKellar’s employer is being investigated, after McKellar reportedly claimed it was his employer who had provided him with the Carbofuran (see here). Wouldn’t it also be interesting to find out whether Auch Estate is a member of Scottish Land & Estates? And whether McKellar, as an employee of a sporting estate, is a member of the Scottish Gamekeepers’ Association? Needless to say, neither of these organisations has made any public statements about McKellar’s conviction last Friday.

Other question marks include a strange bit of (non)-reporting by SASA. The poisoned golden eagle found at Glen Orchy was listed in SASA’s 2009 annual report. However, the dead fox found nearby that was reported to have been poisoned by Carbofuran did not appear in the SASA report. Neither did the dead sheep also found nearby that was reportedly laced with Carbofuran and used as poisoned bait. Why weren’t these two animals included in SASA’s list of confirmed poison cases for 2009? Perhaps SASA didn’t do the toxicology tests. If they didn’t, then who did? If SASA did do the tests, but failed to include the animals in their report, what confidence does this give us when SASA release their annual poisoning statistics? Are other cases missing? We only knew about the fox and the sheep because the RSPB had listed them in their annual report.

A further question mark hangs over a related issue. The media has reported that the poisoned golden eagle found dead in Glen Orchy had been killed with the banned pesticide Carbofuran. However, if you look at the 2009 SASA report, the following chemicals are listed as being detected in this bird’s body: Carbofuran, Methiocarb, Sodium Cyanide and Strychnine. Now, we have it on good authority, although this has not been formally verified, that a second individual was searched during the police raid back in June 2009. This individual, XXXXX XXXXX is believed to be a gamekeeper in Perthshire but is not an employee of Auch Estate; he was just there on the day the police arrived to conduct their search. We understand that the police found Mr XXXXX to be in possession of a bottle of Strychnine and a container of decanted Cyanide. Now look again at the chemicals detected in the body of the dead golden eagle. As far as we are aware, no charges have been brought against Mr XXXXX, not even for possession. If this turns out to be an accurate report, then something has gone seriously wrong with this investigation. A lack of resources can’t be blamed on this one, given the array of organisations involved with the investigation, including multiple police forces with specialist wildlife crime officers as well as the National Wildlife Crime Unit. So what happened? Did Mr XXXXX slip through the net and if so, how? Do you think we’ll hear anything about this or do you think it’ll be quietly pushed under the carpet?

In summary then, yes, a conviction was secured (McKellar) and we should be pleased about that. McKellar’s illegal stash of Carbofuran and his illegal cache of handguns have been taken out of circulation and so we should also be pleased about that, too. But this is not what could be called a successful outcome; far from it. It’s deeply unsatisfactory and shares striking similarities with other recent, high-profile cases which also concluded unsatisfactorily, such as Moy Estate and Skibo Estate. In all three cases, and in countless other lower-profile cases, sporting estate employees have only been charged with the lesser offence of possession. Charges have not been brought against anyone for the illegally-killed raptors found in each location, nor for laying the illegal poisoned baits or for putting out the illegal traps. On a superficial level then, the convictions for possession look good and the authorities can claim they are successfully addressing the issue of wildlife crime. Scratch below the publicity gloss though and you find that very little progress has been made; charges, if they’re brought at all, are not reflecting the full extent of the crimes uncovered, and on conviction the sentences are not reflecting the seriousness of these crimes.

Glen Orchy case concludes: call this justice?

So, three years and three months later, the infamous Glen Orchy case has concluded. Tom McKellar, previously described as a gamekeeper but curiously now described as a farmer, has been fined £1,200 for possessing the banned pesticide, Carbofuran.

The Crown Office press release (here) doesn’t mention anything of the poisoned golden eagle that was found in Glen Orchy and prompted the search of McKellar’s house, which led to the discovery of the Carbofuran. Although it does mention how he was previously given a 300-hour community service order for the possession of illegal handguns (instead of the mandatory five-year prison sentence), also found during the search of his house.

Of course, McKellar wasn’t charged with laying poisoned baits (even though he reportedly admitted to doing so during an interview), and nor was he charged with poisoning that golden eagle, because even though he had this rare, banned poison in his house, and lived just down the road from where the dead eagle had been found, and he’d previously admitted to laying out poisoned baits, there apparently wasn’t enough evidence to link him to the poisoned eagle.

But this story doesn’t end there. There are other things that went on (or more to the point, didn’t go on) in this investigation and we’ll be discussing those in due course, including the failure to charge a second person….

Meanwhile, we’ll add this poisoned golden eagle to the growing list of illegally-killed eagles for which nobody has ever been (nor will be) prosecuted. Justice?

RSPB press statement here

UPDATE 11 Sept 2012: Glen Orchy, a hollow victory (here)

Previous blogs on this case here, here, here, here, here,here here, here