Category: News

Photo: a decomposing mountain hare in a snare

In light of this week’s test court case about whether it’s legal to snare mountain hares (the Lochindorb Estate trial), a contributor has sent in this topical photograph. It shows a decomposing mountain hare that had been caught in a snare on another well-known grouse moor and left to rot.

In Scotland, it is a legal requirement for snare operators to check each of their snares at least once a day at intervals of no more than 24 hours. It is an offence to fail to release or remove an animal, whether alive or dead, while carrying out such an inspection.

It is clear that an offence had been committed in this instance. The contributor says the recent incident was reported to the police, who initially failed to respond. When a follow-up request was made, and cc’d to the local MSP, the police did respond and claimed they then visited the estate, armed with a grid reference, but couldn’t find the corpse. A police investigation into alleged hare snaring on the estate was not forthcoming.

The snaring legislation in Scotland has been recently updated, bringing in new requirements for snare-operator training & accreditation, snare-operator ID tags to be fitted to snares, and record keeping for every single set snare. GWCT has produced a snaring guide (2012) that provides detailed information for snaring in different parts of the UK – see here. OneKind has it’s own view on the adequacy of the snare-training courses on offer – see here.

Lochindorb hare snare trial: charges dropped against one of the accused gamekeepers

The trial against two gamekeepers from the Lochindorb Estate, accused of setting snares to trap mountain hares (see here and here for background) has had a dramatic turn today, according to the Forres Gazette.

It is reported that one of the accused gamekeepers, Kevin Begg, had the charge against him dropped. The reason for this has not yet been reported. The Gazette claims that the fiscal, Ian Smith (more about Mr Smith after the trial) says he now intends to call Begg as a witness against Lochindorb head gamekeeper David Taylor. Both Taylor and Begg had denied the charges.

A report on today’s events in court can be read in the Forres Gazette here.

The trial continues tomorrow.

Blundering Benyon gives evidence at wildlife crime inquiry

Everyone’s favourite Minister Richard Benyon has been giving evidence at the House of Commons Environmental Audit Committee’s inquiry into wildlife crime (see here, here and here for earlier blog posts about this inquiry).

Some of the topics on which Benyon was questioned included #buzzardgate, hen harriers, the introduction of vicarious liability in England, the legislation concerning possession of illegal poison, and the independence of Natural England.

So how did he do?

He started off badly when questioned about the need for legislation to criminalise the possession of certain poisons. The legislation is already in place in Scotland but a loophole in the English legislation means that ‘possession’ (rather than ‘use’) is still not an offence – see here for an RSPB press release last year on this very topic. Bungling Benyon suggested that the current legislation was adequate and didn’t require updating. He was picked up on this a bit later by the Committee Chair, who insisted on clarifying whether there was a difference between ‘possession’ and ‘use’ in the legislation. Benyon chose the safe option and asked whether he could make the clarification in writing at a later date, presumably to give himself time to actually go and read the legislation.

On the issue of whether to introduce vicarious liability legislation in England for raptor persecution crime, Benyon commented that there were no plans to introduce VL but he will watch the impact of it in Scotland. That’s fair enough. Why waste time and funds to introduce something that may be completely useless as a tool to combat raptor crime until you’ve seen whether it can make a difference in Scotland. It was suggested to Benyon that some might say the Scottish government takes wildlife crime more seriously than their English counterparts. Benyon rejected that and said there are wildlife crime measures that are making a difference and the legislation is adequate. Unfortunately he didn’t give any examples.

When asked about #buzzardgate, he basically said he loved buzzards but that some of the people protesting about the ‘study’ had misunderstood the research. Er, what was there to misunderstand? Benyon and his game-shooting cronies wanted to spend our money removing native buzzards from the wild, on private shooting estates, for the benefit of mass-introduced non-native species that are bred for the sole purpose of being killed for sport. “I recognise that it hit a wall of credibility“, said Benyon. Too bloody right it did.

When asked whether he was doing anything specific to protect the hen harrier, Benyon stated, “Yes, we are“. He said he was looking at the possibilty of a project that might work, but he didn’t want to provide any specific details because “it is at a very conceptual stage“. Hmm. Could this be the controversial plan to introduce a so-called ‘ceiling’ for hen harrier numbers, a concept that has been knocking around since 2008 (see here and here)? We’ll have to wait and see.

Benyon was then asked: To what extent are you satisfied that Natural England is making sufficient use of its civil enforcement powers in relation to SSSIs? Benyon’s response: “…….It is also very important that Natural England is an arm’s length body with the neccessary statutory basis that they have, and that they are able to operate the laws and sanctions that they have freely and unencumbered“. Now that’s an interesting statement! If you’ve been following Mark Avery’s superb analysis of what went on in the Walshaw grouse moor fiasco (see here for his 23rd blog entry on the subject), you’d be hard pressed to believe that Natural England acted “freely and unencumbered”. There’s still plenty more to be uncovered about what happened between Natural England and Walshaw Moor Estate but rest assured that Mark Avery will have a good go at getting to the bottom of it. Benyon’s statement may just come back to haunt him.

To read the full transcript of Benyon’s evidence to the Environmental Audit Committee, see here. Bear in mind that this is the uncorrected version; the corrected version should be posted shortly.

The EAC has now finished compiling the written and oral evidence in this inquiry and a report should be published in due course.

The future of the Hen Harrier in Scotland: public seminar

A public seminar on the future of the hen harrier in Scotland is to be held in September, hosted by the Watson Bird Centre in Dalry, Dumfries & Galloway. The centre was established to celebrate the achievements of the late Donald and Jeff Watson, the father and son who were recognised as world experts on the hen harrier and golden eagle respectively.

The seminar day is Saturday 22 September 2012:

13.00-14.00hr – Lunch at Lochinvar Hotel / Clachan Inn

14.00hr – A History of Hen Harriers in the South of Scotland (Chris Rollie, RSPB)

14.20hr – Hen Harriers in Orkney – A Success Story (Erik Meek, RSPB)

15.00hr – Hen Harriers and Grouse on Langholm: Managing a Special Challenge (Aly McCluskie, Langholm Moor Demonstration Project)

15.30hr – Tea / Coffee

16.00hr – Hen Harrier in Scotland Today – What Does the Future Hold? (Brian Etheridge, Scottish Raptor Monitoring Scheme)

16.30hr – Discussion

For further information, contact the Watson Bird Centre here

Glen Orchy farce continues

The Glen Orchy case against Tom McKellar continued at Oban Sheriff Court last Friday (27 July) with yet more legal argument.

You won’t be surprised to learn that sentencing has once again been deferred. Next court date is in early September.

Court case updates

Two court case updates for you:

David Campbell, head gamekeeper at Edradynate Estate, Perthshire: an intermediate diet took place yesterday at Perth Sheriff Court at which the trial date was set for 31 August. See here and here for previous posts on this case.

David Taylor and Kevin Begg, gamekeepers at Lochindorb Estate, Morayshire: their trial, which began in March, continues at Inverness Sheriff Court next Tuesday (31 July). See here and here for previous posts on this case. This is one to watch for several reasons, which will become apparent in due course.

Glen Orchy gamekeeper tries to change his plea

Here’s some insight into what is causing the delay in the sentencing of Tom McKellar in the Glen Orchy poison case. From yesterday’s Press & Journal:

An Argyll farmer is attempting to take back his plea of guilty to having a deadly poison which has been banned after being linked to the killing of birds of prey.

Tom McKellar, 50, of Fir Park Cottage, Auch Estate, Bridge of Orchy, originally pleaded guilty at Oban Sheriff Court to possessing the pesticide Carbofuran, a pesticide outlawed for more than 10 years, at his home in June 2009.

At a hearing in May his defence solicitor David McKie, in his plea in mitigation, said that his client did not realise the poison was Carbofuran.

Sheriff Douglas Small then queried if McKellar should be pleading guilty, and he continued the case for legal debate until yesterday [Wednesday 25 July 2012].

But when the case called yesterday McKellar had new legal representation in the form of solicitor Cameron Tait who sought permission from Sheriff Small to withdraw the guilty plea and replace it with a not guilty one.

This motion was “strenuously opposed” by fiscal Kate Fleming and a day-long legal debate took place.

Mr Tait said: “He advised police that he thought the poison was Wetex. He said he didn’t know what Carbofuran was. He had been supplied with it by the estate”.

Miss Fleming argued that this was not a defence. She said there was an absence of language such as “knowingly” possessing Carbofuran in the charge.

Sheriff Small adjourned the case until tomorrow [today, Friday 27 July 2012] to hear more legal arguments from the Crown and the defence.

It emerged at previous court hearings that police were investigating the death of a golden eagle in Glen Orchy in June 2009 when they obtained a search warrant for McKellar’s house. They found granules of Carbofuran in a game bag in his porch. Police also found the carcases of a sheep and a fox laced with Carbofuran.

Miss Fleming previously told the court that since 1988, there have been 240 fatal poisonings of wildlife by Carbofuran, mostly birds of prey.

The case resumes today. If the Sheriff accepts McKellar’s not guilty plea then presumably this case could go to trial at a later date.

For background information on this case, click on the ‘Glen Orchy’ tag at the top of this post.

Thank you to the contributor who sent us the Press & Journal clipping.

Young peregrine shot in County Antrim

The Northern Ireland Raptor Study Group has sent us the following press release and photo:

‘During July a peregrine nest site, in Glenwherry, Co. Antrim, Northern Ireland was the site of a gruesome discovery.

Two young peregrines were being watched over recent months in the nest and one of the chicks which had only recently flown from the nest was found dead below the cliff. X-rays have revealed the bird was shot.

The quarry owner who keeps a close eye on the peregrines alerted the Northern Ireland Raptor Study Group and condemned this event saying “I cannot believe one of these chicks which we all were watching has been shot. I appeal to those responsible to think about what they have done or come forward with what they might know and report any further information to the police”.

Jim Wells, chairman of the NIRSG and MLA was angered at yet another peregrine falcon senselessly killed. He said “Every summer it is the same – illegally poisoned or shot falcons. This has to stop. It is an absolute disgrace that anyone thinks they have justification for shooting a rare and specially protected bird.”

The PSNI are appealing for anyone, particularly in the Broughshane, Glenwhirry or Larne area, who may have information as to who is responsible for shooting this protected bird. This latest incident of raptor persecution clearly indicates that some people are still prepared to break the law risking a custodial sentence, their livelihoods and their right to possess firearms.

Anyone that has any information about this incident, peregrine persecution in Northern Ireland or any other wildlife crime should report it directly to the police or anonymously through Crimestoppers on 0800 555 111 to bring these criminals to justice’.

The Belfast Telegraph (here) is reporting a £1,000 reward is on offer to anyone who can help catch those responsible.

The Northern Ireland Birdwatchers’ Association is suggesting that all four peregrines from this nest site (two adults and two chicks) have been killed (see here).

Thanks to NIRSG and to our Twitter followers in Northern Ireland and the Irish Republic for the information.

Gamekeeper’s wildlife crime conviction(s) overturned

Shooting Times has an interesting article out today (see here), claiming that Leicestershire gamekeeper Ivan Crane has had three wildlife crime convictions overturned after the appeal judge claimed the behaviour of the investigating police officer was “very underhand“.

Shooting Times reports that His Honour Judge Tony Mitchell went further with his scathing attack, saying: “I can’t think of a case which more fairly fits an abuse of power, an abuse of position, and therefore an abuse of process“.

It seems the police officer’s [supposed] mistake was not to inform Crane that he could no longer use the General Licence for trapping birds due to his two recent wildlife crime convictions. Instead, the officer took the initiative and covertly filmed a Larsen trap on Crane’s farm.

Crane’s previous wildlife crime convictions were for using an illegal pole trap and unsafe storage of pesticides (see here). He was then later convicted for unlawfully using a Larsen trap (see here), which seems to have been the catalyst to launch his appeal.

Local newspapers (eg. Lutterworth Mail) also seem to be running the story but the actual article appears to be currently unavailable on the web (google it and see if you can find it). One of the headlines (that is accessible) suggests that the Judge has ordered the Crown Prosecution Service to pay Crane’s legal bill of £35,000.

It’s not clear to us whether all three of Crane’s wildlife crime convictions have been overturned (as suggested by Shooting Times) or just the conviction for unlawfully using a Larsen trap.

It’s all a bit odd really. Isn’t it the General Licence user’s responsibility to understand the terms and conditions of General Licence use? It’s a specified requirement on the Scottish General Licences; perhaps not on the English ones? Since when has ignorance of the law been an acceptable defence? To put the situation in context….if someone had a driving conviction and was a disqualified driver, and then they drove their car whilst disqualified and received a second conviction, could they get that conviction overturned and their legal costs paid if they argued that the police officer hadn’t advised them that it was illegal for them to drive and the police had used ‘covert’ surveillance to catch them?

Another fine example of the difficulties faced by those trying to investigate and prosecute alleged wildlife crime offences in the UK. Their chances of success get slimmer by the day.

Glen Orchy sentencing update #2

Another delay….adjourned, again. Next hearing will be Friday (27 July).

Tick tock.