Category: News

Re: a big, big day in court today

A high-profile case of significant interest was due to be heard today, but unfortunately the accused’s solicitor was apparently unavailable to attend.  A date has now been fixed for a ‘notional diet’ – often used for the discussion of a legal point. This is due to take place next month.

At this stage we are not naming the accused, or the charges he faces, or details of the alleged incident. These will be reported in due course, pending the outcome of the next hearing. These self-imposed restrictions are tighter than perhaps is neccessary, but you’ll understand the need for this caution if/when the case details emerge.

Your chance to sign an open letter to the Environment Minister about the problems of wildlife crime reporting in Scotland

Well, it looks like the COPFS decision not to prosecute the individual who was filmed apparently beating crows to death with a stick inside a crow trap has struck a nerve (no pun intended). See here, here and here for background info.

The ensuing publicity has generated widespread public outrage, and now there’s an opportunity to channel that frustration into something positive. The charity OneKind, whose staff member filmed the gamekeeper apparently beating the trapped crows, has written an open letter to the Environment Minister, Stewart Stevenson, calling on him to ensure that all reports of wildlife crime are pursued by the authorities with the utmost vigour. Anyone who supports this view is encouraged to add their name to the letter (go here to view and sign the letter).

This is your opportunity to let your views be heard – it takes seconds to complete – please do it, even if you’ve already written to the Minister (and we know many of you have), so these seemingly absurd legal obstacles can be examined and reviewed, with urgency and with transparency. This ridiculous situation, where the witness becomes the accused and the alleged perpetrator(s) escapes scot free, has gone on for far too long.

Case against Inverness man accused of buying & selling raptor eggs continues

The case against Keith Liddell, charged with buying and selling hundreds of birds’ eggs and of being in possession of wild birds’ eggs, has been continued.

This case against Liddell, who has denied the charges, has been on-going for some time (see here) and was heard again at Inverness Sheriff Court last Tuesday (14 Feb 2012). The case has now been continued and the next court hearing will be on 9 May 2012.

Clarification needed on how to report a wildlife crime

Following yesterday’s blog on the lack of prosecution for the apparent crow-beating incident (here), a comment made by Libby Anderson (acting CEO of animal protection charity OneKind) raises a pertinent question that deserves to be followed up.

Libby wrote the following comment on the OneKind blog (and we hope she doesn’t mind us reproducing it here) –

“It is frustrating that such compelling evidence has not been allowed to get into court. And ironically, the Partnership Against Wildlife Crime (PAW) Scotland has just issued guidance to the public about reporting wildlife crimes – including looking out for suspicious vehicles and taking photographs or video.  But wouldn’t that be “surveillance” too …? ” (Her comment can be viewed here on the OneKind blog).

This is an important and timely question. As Libby points out, PAW Scotland has, quite rightly, recently made a very big deal about providing advice to the public on how we should report incidents of suspected wildlife crimes. PAW Scotland has funded a big publicity drive on this issue, led by Grampian Police, who produced an information card called ‘Wildlife Crime: How to Report It’ (see here to view the card). They printed 30,000 of these cards, for distribution across Scotland (see here for our earlier report on this initiative). The advice on these cards is, amongst other things, to video or photograph the scene.

PAW Scotland has also added a new section to its website, specifically explaining the law that governs the use of traps and snares, and the action that should be taken if a member of the public suspects illegal activity. This action includes getting photographic evidence (see here).

If you’ve read the OneKind blog, written by the investigator who filmed the alleged crow-killing incident, it appears he followed the PAW Scotland advice: He suspected illegal activity, he filmed it, and he reported it to the police. It seems the police shared his suspicions, otherwise why would they have passed the evidence to the COPFS?

So, why then did COPFS (and the Lord Advocate) decide not to prosecute? Their official reason, according to the OneKind blog, was:

“This decision was made because the prosecutors believed that I was carrying out surveillance on the estate when in fact my visit, which I had made very clear to the procurator Fiscal, was of an education one and was to gather film and photographic material of the various ways legal snares are set to capture wild animals.”

Is this the sort of treatment that any of us can expect if we see suspicious activity and decide to report it to the police? If it is, then we would suggest the system needs urgent revision. It is clear that PAW Scotland (which happens to be chaired by the Scottish Environment Minister, Stewart Stevenson), needs to provide clarification on this issue as a matter of urgency if we are to have any confidence in the reporting system currently in place.

The Minister could ask COPFS to provide a detailed explanation of why, in this case, a decision not to prosecute was made, especially in light of the OneKind investigator’s statement of why he was on that land at the time he witnessed the alleged offences. We think there is precedent for COPFS to provide an explanation – see here, section 7).

The issue here is not whether the alleged actions of the gamekeeper were lawful or unlawful (that can only be decided by a court, and obviously in this case, the opportunity for a court hearing is not going to happen). The issues here are:

1) who is eligible and who is ineligible to report a suspected wildlife crime, and

2) what standard of response can the public expect to receive from the law enforcement authorities when they report an incident of suspected wildlife crime?

If you want to send an email to Environment Minister (and Chair of PAW Scotland) Stewart Stevenson, to ask for clarification on these issues, here’s his email address: ministerforenvironment@scotland.gsi.gov.uk

Questions to ask him might include:

1. Can I expect to be accused of lying if I report a suspected wildlife crime to the police?

2. Can I expect my integrity to be questioned if I report a suspected wildlife crime to the police?

3. If the answer to the above two questions is ‘no’, why was a decision not to prosecute made in the alleged crow-battering incident (you’ll need to provide a link to the OneKind blog so the Minister knows to which case you are referring).

4. Please can you provide me with a definitive list of legitimate reasons that allow me to be on a piece of land, recording a suspected wildlife crime?

5. Please can you provide me with a definitive list of illegitimate reasons for being on a piece of land, recording a suspected wildlife crime?

 

No court proceedings for allegedly beating crows to death on scottish sporting estate

Following a comment made on this blog by an investigator from the animal charity OneKind, we would like to draw your attention to a blog on the OneKind website.

The blog, written by the OneKind field investigator, discusses the recent decision by the Crown Office and Procurator Fiscal Service (COPFS), supported by the Lord Advocate, not to prosecute an individual (identified by OneKind as a ‘head gamekeeper’ on a Scottish sporting estate) for allegedly beating crows to death inside a crow trap. The explanation given for this decision not to prosecute is astounding.

OneKind blog here

New propaganda campaign to trick kids into liking sea eagles

Concern is growing in parts of western Scotland about a new propaganda campaign aimed at tricking children into thinking that sea eagles are a good thing to have on their doorstep.

Albert Hogburn, Head of Policy and Advice at the Modern Poisoners’ Society, is reported to have told a journalist: “I don’t read the papers much but my wife does and she reads out articles to me that I might be interested in. Well let me tell you, I’m very interested in this one. Those brainwashers are stooping to an all time low if they think they can waltz into classrooms and force-feed emotive propaganda to impressionable young children.

We’ve been working as custodians of the countryside for over 200 years, and we know what we’re talking about; we haven’t had to change our views one bit. Our biodiversity is suffering from the infestation of vermin and our children are at risk of having their eyes pecked out. Only last week my son Wee Rabbie was helping me lay out some baits when he got ambushed by 19 of these vile, winged varmints. They scooped out his left eye with their beaks and now he gets called Wee Rabbie Squint Eye. It’s no laughing matter. Wait ’til it’s one of your kiddies and then you’ll be sorry.

Who has authorised this indocor, indoctrenor, indoctrinatering scheme, that’s what I want to know. It’s patently obvious that the raptor lobby is behind this. I will be sitting down this afternoon and writing a letter to the Education Minister on my Etch-a-Sketch. I’ll also be lodging a complaint with the Office of the Scottish Charity Regulator“.

Donald Spewing-Moore of the Royal Bird Protection Society said: “Shut up, you ignorant tosser“.

BBC news article here

Eight month prison sentence for illegal sale of stuffed birds of prey

A Bedfordshire man has been sentenced to eight months in prison for the illegal sale of stuffed birds of prey.

Greg Turner, 32, of St Peter’s Court, Ashwood Close, Potton, described as ‘an unemployed stuffed bird enthusiast’, was reported to have illegally sold over 100 birds on Ebay, netting £22,000. The species included red kite, marsh harrier, goshawk, peregrine, kestrel, barn owl, tawny owl and hawk owl. When officers from the National Wildlife Crime Unit raided his home, they found stuffed birds, two dead birds in his freezer waiting to be stuffed, and forged paperwork.

Kudos to the National Wildlife Crime Unit for their investigation and special mention to Judge Stuart Bridge, who said the following at Luton Crown Court:

“In my judgement this was your livelihood, illegally trading in stuffed specimens. It was pre-planned, blatant and calculated and put live birds at risk. You took a risk hoping you would not be noticed. I am told that you have ceased trading and are in work but the seriousness of the offence can only be adequately reflected by immediate custody“.

An excellent result – finally, here’s a judge willing to use the full force of his sentencing powers. Well done to all involved.

BBC news article here

Hertfordshire Advertiser article here

English grouse moors ‘under threat’ from legal action

According to an article in The Telegraph, landowners say grouse shooting on English moors is under threat from a landmark legal action brought by Natural England.

The government’s conservation advisory body is trying to stop the Walshaw Moor Estate in the Pennines from burning heather on blanket bog. The landowner claims that English Nature is using it as a test case that could prove ‘disastrous’ for nearly all of England’s 148 grouse moors.

Heather burning, along with other intensive ‘management’ activities such as predator ‘control’ [killing], is seen as an integral technique for promoting unnaturally high densities of red grouse for shooting.

Article in The Telegraph here

Additional information from the law firm Gordons, acting on behalf of Walshaw Moor Estate here