Norfolk estate gamekeeper guilty of animal cruelty

Here’s another example of the fine work of a ‘professional’ gamekeeper. This was published in the Norwich Advertiser yesterday:

A Norfolk gamekeeper was told today he could be sent to prison after admitting causing a fight between two dogs and a fox.

Christopher John Carter, 49, of The Burrows, in Gayton Thorpe, pleaded guilty at King’s Lynn Magistrates’ Court to causing the fight between the animals in July 2009.

Appearing alongside Carter was Luke James Byrne, 19, of Mill Houses, King’s Lynn, who admitted causing three animal fights on Westacre Estate.

The 19-year-old also admitted possessing three dead wild birds, a heron, cormorant and a buzzard, in King’s Lynn.

Jonathan Eales, prosecuting for the RSPCA, showed magistrates video footage, recorded by Byrne, of the fights which saw dogs attacking animals trapped in a snare. The first clip showed a fight between Byrne’s dog and rat which took place on June 20, 2009. The other videos showed Carter’s two dogs attacking a fox on July 2, 2009 and a fight between one of Carter’s dogs and a fox on June 15, 2010.

Mr Eales said: “In March this year, a woman purchased a mobile phone from Mr Byrne’s parents. The phone had been used by Mr Byrne and had a video clip on it of one of these fights. The woman was so shocked by what she saw that she reported it to the RSPCA which then investigated it. The investigating officer then took possession of Mr Byrne’s father’s laptop and two further video clips were found.”

During each of the videos, Byrne can be heard laughing as the fights took place and encouraging the dogs to attack. He can also be heard screaming “kill it” repeatedly and during the second video, Byrne says: “Well, that didn’t last very long”.

Mr Eales continued: “A number of pictures were also found on Mr Byrne’s father’s laptop of dead animals – three of which were dead wild birds. The conclusion was made that he must have been in possession of these birds to take pictures of them and he has pleaded guilty to these charges.”

Mr Eales told the court Carter is a gamekeeper and that Byrne had done work experience with him but added they had known each other for a long time.

He continued: “When these matters were discovered, both men were interviewed. At first, Mr Byrne denied having any involvement in or knowledge of these matters but after being shown the video clips, he made a no comment interview. Mr Carter didn’t make any admissions until the videos were shown to him but he did assist us in relation to the other two clips which he wasn’t involved in. Mr Carter gave no reason why he thought these things had happened. He said he had no excuse for it and said he knew what had happened was against the law. He also said he was ashamed of himself.”

Mr Eales asked magistrates to consider depriving the two men of ownership of the dogs and told the court these dogs would then be re-homed by the RSPCA. Carter’s two dogs are currently in the care of the RSPCA but Byrne’s dog remains at his home address.

Mr Eales also asked magistrates to consider whether or not to disqualify both men from owning animals for a short period or for life.

James MacWhirter, representing Byrne, asked magistrates to put off sentencing his client until a pre-sentence report had been carried out by the probation service. But Malcolm Savory, representing Carter, urged magistrates to deal with his client and told them he could produce plenty of character references for Carter.

He also appealed to the magistrates to take into account the fact the video footage relating to his client lasted 30 seconds but in the other cases the RSPCA bring to court, the suffering can go on for “minutes, days weeks, months or sometimes years”.

Lead magistrate Paul Kidd asked for all-option pre-sentence reports to be prepared for both men, including possible custodial sentences.

The two men will return to King’s Lynn Magistrates’ Court on January 11 to be sentenced.

Source article at Norwich Advertiser here

If anyone wants to find out whether Christopher John Carter is a member of the National Gamekeepers Organisation, send an email to: info@nationalgamekeepers.org.uk

Congratulations to the RSPCA and the Crown Prosecution Service.

Questions on the whereabouts of Langholm hen harriers asked in parliament

Elaine Murray MSP has put forward a question to the Scottish Executive concerning the whereabouts of the tagged hen harriers from the Langholm Moor Demonstration Project:

S4W-04336 Elaine Murray: To ask the Scottish Executive what information it has regarding the number of hen harriers that have been satellite tagged as part of the Langholm Moor Demonstration Project and what is known about the whereabouts of those birds.

The written answer is due to be provided on 16 December 2011, according to the Scottish Parliament website.

Some background to the mysterious disappearance of these birds can be found here

Hen harrier is four steps away from English extinction, says RSPB

The RSPB has today issued a press release that says the hen harrier is the bird most likely to become extinct in England because of human pressure.

A 2011 joint survey of the English uplands by the RSPB and Natural England found that only four nesting pairs of hen harrier successfully raised young; all on a single estate in the Forest of Bowland, Lancashire.

This is believed to be the lowest population in England since they recolonised in the 1960s following extinction in the late Nineteenth Century. Historically, the hen harrier was widespread in England.

A government-backed report – the Hen Harrier Conservation Framework – proved that illegal persecution on driven-grouse moors is the main factor restricting the growth of the hen harrier population in the UK. The framework reported that England’s uplands could support at least 320 pairs of this bird of prey. (See here, here and here for our earlier posts about the Hen Harrier research).

To read the rest of the press release, click here

Mark Avery also has a commentary about this on his blog, here

Cumbrian man in red kite investigation guilty of firearm & pesticide offences

Further to the blog post last week (see here), Allan Armistead appeared at Furness & District magistrates court today, charged with a string of offences relating to illegal pesticide storage and firearms offences.

He pled guilty to the following charges:

Possession of a firearm (believed to be a rifle) without a certificate

Storing the pesticide Cymag

Storing the pesticide Sodium Cyanide

Storing Strychnine Hydrochloride

Storing Degesch Phostoxin

Storing Aluminium Phosphide

Storing Phosdrin + Phosdrin 24

Storing Lindex with HCH seed dressing

Possessing firearm ammunition

Failing to disclose possession of ownership of 3 x 12 bore side by side shotguns.

Armistead (74), of Hulleter Farm, Oxen Park, Ulverston, Cumbria, will appear at Lancaster Crown Court on 6 January 2012 for sentencing.

Three charges against Armistead were withdrawn, relating to the possession of shotguns without a certificate.

Armistead pled not guilty to three charges:

Storing pesticide Sodium Cyanide

Storing Strychnine Hydrochloride

Storing Lead Arsenate

Armistead will appear back at Furness & District Magistrates Court on 31 January 2012, where a date will be set for his case to be continued at Crown Court.

Interestingly, but perhaps not surprisingly, no charges were brought for the killing of red kites. Armistead was released on unconditional bail until his next court appearance on 6 January 2012. Very well done, Cumbria Constabulary and the Crown Prosecution Service!

Story at North West Evening Mail here

Man charged in relation to red kite deaths in Cumbria

Further to the blog post in July 2011 about the arrest of a man in connection to the investigation of poisoned and shot red kites in Cumbria (see here), Cumbria Constabulary has today announced that a man has been charged.

Allan Armistead (74), of Oxen Park, Ulverston, has been charged with five offences under the Firearms Act and ten offences under the Control of Pesticides and Food and Environmental Protection Acts.

Armistead is due to appear at Furness and District magistrates court next Tuesday (6 December 2011).

Congratulations to Cumbria Constabulary for securing enough evidence to get the case to court, and for keeping the public updated.

Cumbria Constabulary press release here

BBC news story here

Convicted poisoner (gamekeeper) is a member of SGA

There’ll be some red faces at the SGA today. After all the proclamations of Alex Hogg, Chairman of the Scottish Gamekeepers Association, who is on record as saying, “Professional gamekeepers do not poison raptors” (see here), it turns out that the gamekeeper David Alexander Whitefield, who today was convicted of poisoning four buzzards (see here), is a member of the SGA!!

The SGA has issued a statement after today’s conviction, that says Whitefield’s membership will be suspended with immediate effect (see here). This is welcome, if belated, news. But why wasn’t his membership terminated after his earlier conviction for wildlife offences in 2008? Or is membership only terminated after a conviction for poisoning, as opposed to other types of wildlife crime?

Previously convicted gamekeeper guilty again

A previously convicted gamekeeper has today admitted to poisoning four buzzards with Alpha-chloralose laced baits. At Lanark Sheriff Court, David Alexander Whitefield (45) of Coulter, near Biggar in Lanarkshire, pled guilty to the offences that took place between March and November 2009 at Culter Allers Farm, near Biggar, where Whitefield was employed as the sole gamekeeper for pheasant and partridge shooting. He has reportedly blamed his employer (the landowner), whom Whitefield claims told him to reduce the number of buzzards.

In addition to the four poisoned buzzards found on the shooting estate, a large quantity of Alpha-chloralose was found inside unlocked outbuildings, some of it inside a coffee jar – this extremely hazardous poison could have easily been mistaken for sugar or powdered milk by an unsuspecting visitor. Culter Allers is a popular area for walkers and it is fortunate indeed that no person or pet was poisoned. The buzzards were not so lucky.

This case has been in the works for some time, first reported a year ago and then delayed for legal technicalities (see here, here and here). Sentencing for his latest conviction has been deferred for background reports and will take place in early January. We will watch with great interest.

Whitefield’s previous convictions include failing to ensure the welfare of a buzzard and possession of a buzzard. These offences took place at Culter Allers and he was convicted at Lanark Sheriff Court in September 2008. He received a pathetic £300 fine (see here). Just six months later he was poisoning buzzards. At the time of the first conviction (Sept 2008), he was reported to be a self-confessed member of the Scottish Gamekeepers Association. It is not known if he was a member of the SGA at the time of the buzzard poisoning incidents (March-Nov 2009) or whether he is still a member – you can find out by emailing info@scottishgamekeepers.co.uk

Congratulations to the SSPCA for leading this case and for securing a conviction. Let’s hope the Scottish parliament takes heed next year when they’re consulting on extending the powers of the SSPCA for the investigation of wildlife crime.

STV news story about Whitefield’s latest conviction here

BBC news story here

New book lifts lid on raptor persecution in Scotland

Watch out for this new book in the new year – it’s written by one of our regular contributors and will no doubt become a ‘must-read’ for many who follow this blog. The book will be released on 31 January 2012 but is available for pre-order now (check out the online book sellers).

WILDLIFE CRIME by Dave Dick

Whittles Publishing, £18.99. Paperback, 208 pages.

ISBN – 13: 978-1849950367

PRODUCT DESCRIPTION from the publisher

‘This is an important book. It is written by an expert who probably knows more about wildlife crime in the UK, and especially in Scotland, than anyone else. It is important because so little is known and understood about a widespread and deeply disturbing illegal practice…‘ Extract from Foreword by Sir John Lister-Kaye, OBE.

Through the professional life of Dave Dick, the RSPB’s Senior Scottish Investigation Officer between 1984 and 2006, the often murky world of wildlife crime is revealed. This is the first book that faces up to the realities of the often unsuccessful efforts by the justice system in its attempt to stop these crimes. Unflinching accounts of the shocking levels of killing and the cruel and callous nature of the killers are related. However black comedy and lighter moments prevent this being just another catalogue of man’s inhumanity to nature with personal accounts of the thrill and joy of watching some of our most beautiful birds and animals in their equally beautiful landscapes. The author examines the motives of both criminals and their pursuers in an attempt to show the truth of what has become a highly-charged and politicised topic. He reveals the truth of what is happening in some corners of our countryside, where the public may be discouraged to tread and hopes to inform a more reasoned debate on the topic. This timely and inevitably controversial book lifts the lid on the pressures faced by some of our most iconic wildlife species which are being shot, trapped and poisoned.

Alleged snaring offence on award-winning Lochindorb Estate

Two men have been charged with laying snares to trap mountain hares on the Purdey Award-winning Lochindorb Estate, according to the BBC (see here) and STV (see here) websites. David Taylor and Kevin Begg are alleged to have used 24 snares on April 19th but both deny setting the traps, according to the website reports, and their three day trial will begin on 28th March 2012 at Inverness Sheriff Court.

It is not illegal to kill mountain hares by shooting them, but it may be illegal to use an indiscriminate trap (e.g. a snare) to kill them unless the snare operator has a specific SNH licence to do so (see SNH wildlife law leaflet here, and SGA Snaring Practioners Guide 2010 here). The new Wildlife and Natural Environment (Scotland) Act 2011, once commenced, also introduces a new closed season for mountain hares (1 March – 31 July inclusive).

Lochindorb Estate was the joint winner of the 2008 Purdey Gold Award for game and conservation management (see here). The industry’s top honour was awarded for imaginative conservation to improve habitat for both reared and wild game birds (Purdey Awards website here).

Lochindorb was in the news earlier this year when it was reported that a dead white-tailed eagle had been discovered on the estate. By the time the police arrived to investigate, the dead eagle had ‘disappeared’. The police were unable to determine how the bird died as they did not have a body to examine (see here and here).

According to the STV report, Lochindorb was owned by Alasdair Laing (GWCT’s Scottish Committee Chairman) at the time of the alleged snaring offence but has since ‘sold the estate on’.

Tagged harrier from Langholm mysteriously ‘disappears’

Earlier this month, Environment Minister Stewart Stevenson MSP visited the Langholm Moor Demonstration Project in the Borders. The Langholm Project is an expensive, ten-year project aimed at demonstrating that hen harriers can co-exist with driven grouse shooting. The project is run as a partnership between SNH, Buccleuch Estates, RSPB, GWCT and Natural England. As part of the project, young hen harriers are being fitted with satellite tags to monitor their dispersal movements away from the moor.

The Environment Minister’s visit to Langholm was well publicised with an SNH press release (see here). In this press release, the Minister is quoted as saying: “…it was fascinating to learn that harriers that have been tagged at Langholm are being satellite tracked as far afield as France and Spain”.

Yes, that is fascinating, but of even greater interest is what has happened to the harriers that stayed behind in the UK?

According to the most recent diary entry on the project’s website (October 2011 – see here) written by the Langholm Project’s head gamekeeper, Simon Lester, one of this year’s young harriers has ‘disappeared’ –

There is good and bad news as far as our satellite-tagged hen harriers are concerned. The ever-intrepid McPedro is certainly heading to France, across the channel from Devon. The sad news is that the hen that hatched in the nest just behind our house — and that I fed for some 60 days — has disappeared in the Moorfoots, having survived well in a relatively small range. The last ‘fix’ (or GPS position transmitted by its satellite tag) was on a shooting estate that co-operated fully when Project staff and the police tried, unsuccessfully, to recover the missing bird. Unfortunately, this bird’s particular satellite tag does not have a ‘ground track’ facility, so it may well have ended up miles away from the last transmitted ‘fix’, as, contrary to popular belief, birds can travel a vast distance in between transmissions. This latest loss is very sad, not just for the Project and our hope that more hen harriers will return to breed here, but is not helpful in our quest to help resolve the on-going raptor/grouse-shooting debate, either“.

Now, this is a fairly one-sided commentary of what might have happened to this young harrier. What Lester failed to mention was that the sporting estate where the harrier’s last known GPS ‘fix’ came from was an estate in the Scottish Borders with a well-documented history of alleged raptor persecution. This particular estate has been the subject of two police raids in the last few years. Illegal pesticides, poisoned baits and poisoned and shot raptors have all reportedly been retrieved from this estate. Apparently, no prosecutions for alleged raptor persecution crime resulted from either raid.

Lester is quite right to point out that just because the last known GPS ‘fix’ of the harrier was on this estate, this doesn’t necessarily mean that the harrier died there. As he says, the harrier could have moved off the estate before the next satellite signal was due, and could have died elsewhere – although if that had happened, why wasn’t there another ‘fix’ from the new location? The transmitter doesn’t die when the bird dies. For all we know though, the bird may not even be dead. It’s possible that the satellite transmitter failed, by coincidence, when the bird was on this estate, and the harrier has since moved away and is alive and well in an unknown location. But there is another plausible explanation too, and one that Lester conveniently chose not to include in his report. That is, this harrier could have been killed illegally on this particular estate, and its body hidden/buried/burnt before the Langholm Project staff arrived to search for it. It’s worth pointing out here that the Langholm Project policy, when searching for missing birds, is to look at the bird’s last known GPS ‘fix’, identify the landowner, and ask for that landowner’s permission before the project staff go searching for the bird, thus giving advance warning of the search.

Why Lester chose not to include this alternative possible explanation in his report about the disappearance of the harrier is not clear. It would seem that the suspicion of foul play had been considered by the project team, given that a wildlife crime police officer accompanied the team to search for the missing bird on this estate. We will wait with interest for the Langholm Project’s formal 2011 annual report to see what information is provided about this particular disappearing harrier, and about all the other tagged harriers from 2010 and 2011. So far, very limited information has been made available about the fate of the six tagged harriers, with the exception of the famed ‘McPedro’, who wisely took off to Spain in his first summer, returned to the UK this spring, and then took off south again this autumn. Given the amount of public funding that is being ploughed into the Langholm Project, a bit more transparency about the fate of some of the other young harriers wouldn’t go amiss.

Langholm Moor Demonstration Project website here