Category: Persecution Incidents in England

Last month, Norfolk gamekeeper Matthew Stroud, 46, of Fengate in Weeting was convicted of multiple offences including:

• Three counts of using poisoned bait on or before 19 August 2021 and 14 September 2021.
• Six counts of killing a Common Buzzard (a non-Schedule 1 wild bird) at Weeting between 10 August and 14 September 2021.
• One count of intentionally killing a Northern Goshawk (a Schedule 1 wild bird) at Weeting on or about 10 August 2021.
• One count of possessing a regulated substance – Strychnine Hydrochloride – without a licence on 14 September 2021.
• One count of possessing 4 shotguns to kill a Schedule 1 wild bird on 14 September 2021.
• One count of releasing 3,400 Common Pheasants into the wild between 1 June and 14 September 2021 contrary to the Wildlife and Countryside Act 1981.
• One count of incorrectly storing a biocidal product – Rentokil Phostoxin – on 14 September 2021 contrary to the Health and Safety at Work Act 1974.

Even though Stroud’s crimes easily passed the threshold for a custodial sentence, he received a 12-month Community Order and was ordered to do 200 hours of unpaid work, fined £692 and ordered to pay costs of £145, compensation of £288.72 and a victim surcharge of £95. The court also ordered the forfeiture and destruction of all Stroud’s firearms, mobile phones and any chemicals (see here and here for previous blogs on this).

Stroud’s prosecution and conviction was the result of a well-run multi-agency investigation involving Norfolk Constabulary, Natural England, National Wildlife Crime Unit, Crown Prosecution Service and the RSPB Investigations Team.

Today, the RSPB has published a blog written by RSPB Investigations Officer Tom Grose, reflecting on the investigation and the subsequent sentence. You can read it here. [UPDATE: This link has since broken – the RSPB blog has been copied and pasted at the foot of this blog]

UPDATE 29th June 2023: Another Weeting gamekeeper convicted – Gamekeeper Francis Addison receives suspended jail sentence in relation to five shot goshawks (here)

COPY AND PASTE OF RSPB BLOG:

Reflections on a poisoning, by Tom Grose, RSPB Investigations Officer

On 5 October 2022 gamekeeper Matthew Stroud was convicted of a litany of offences at Norwich Magistrates Court. He pleaded guilty to the killing six buzzards and a goshawk, placing poisoned baits, possession of the banned poison strychnine hydrochloride and the illegal release of gamebirds onto a Special Protection Area (SPA), along with sundry other offences.

Previous cases of this nature have been acknowledged to have crossed the custody threshold by the court (see John Orrey and Allen Lambert). So it was expected that Stroud was facing at the least a suspended prison sentence. The 200-hour community work order and financial penalties totalling £1220 he was given were accompanied by a sense of frustration by those involved in the case, and by shock and outrage by those who learned about it in the media or on social media. Not for the first time….

The long-running investigation that led to Stroud’s prosecution was a shining example of partnership working in action. Initial painstaking fieldwork by RSPB Investigations Officers sparked swift and decisive action by Norfolk Police upon the discovery of a suspected poisoned bait. A combined operation involving the National Wildlife Crime Unit and Natural England alongside the RSPB ensued. A warrant was executed and vital evidence recovered. Then came months of meticulous work involving a long list of dedicated professionals. X-rays, post-mortems, poison testing, feather analysis and police interviews all had to be carried out before the case file could be passed to the Crown Prosecution Service (CPS) and the charges laid. The CPS themselves provided guidance and were of enormous help in the run up to court.

On the day of the hearing itself, the prosecution was able to lay the stark facts of the case before the magistrates. In 2022 a man was jailed for 16 weeks for killing two gulls. So why did Stroud receive far less?

Unfortunately, it seems that the lack of sentencing guidelines available to the courts is at the heart of the matter. We’ve encountered this issue before, with magistrates and judges left without clear principles to follow when deciding how to sentence these relatively rare and complex cases. Each time a raptor killer is in court, it turns into a sentencing lottery. Clearly these guidelines must be put in place to deal with wildlife offences. The killing of so many protected birds, including a Schedule 1 species (the goshawk), and the deliberate use of a banned poison as dangerous as strychnine surely warranted a heavier punishment. This is hardly a deterrent to other wildlife criminals.

Another issue that keeps rearing its head is the lack of any consequences for Stroud’s employers. When a gamekeeper is found to be killing birds of prey it is normally due to pressure to produce enough gamebirds to shoot, and indeed Stroud admitted his motivation was to protect the pheasants in his care. In most other sectors the employer would face repercussions for the actions of staff. This isn’t the case in the English and Welsh shooting industries. Whilst vicarious liability has been introduced into Scotland, we need to see it implemented across the UK. 

More positively, Stroud was the first person convicted of illegal gamebird release. The impact of non-native pheasants is poorly understood but of increasing concern. To illegally release them on the Breckland SPA, supposedly an area of international conservation importance, showed a callous disregard for the environment. Alongside the potentially harmful effects of over 60 million gamebirds released into our countryside annually, it’s clear that raptor persecution is a serious issue for lowland shooting. 

It’s certainly not the case that raptor persecution is an issue confined to upland grouse moors. Cases like this one (and there are others ongoing), coupled with concerns over the release of non-native gamebirds, are why the RSPB is now calling for greater regulation of large-scale pheasant and partridge shoots. Clearly, self-regulation is not working, and current legislation is not enough. We also call on the courts to make full use of the sentences available to them.

We would like to thank all of those involved in securing this conviction, and particularly PC Chris Shelley of Norfolk Police for his hard work in leading the investigation. Although we are disappointed by the outcome, it has been heartening to work alongside officers and organisations who remain committed to stopping raptor persecution.

ENDS

Following yesterday’s news that 46-year-old gamekeeper Matthew Stroud had been convicted, amongst other things, of shooting and poisoning at least five buzzards and a goshawk on a pheasant shoot in Norfolk (see here), Norfolk Constabulary has issued a press statement which provides a bit more detail about the case.

[One the buzzards that gamekeeper Matthew Stroud shot dead]

Press release from Norfolk Constabulary:

Gamekeeper admits killing birds of prey

A Weeting gamekeeper appeared in court today (Wednesday 5 October 2022) and admitted shooting and poisoning several birds of prey.

• Three counts of using poisoned bait on or before 19 August 2021 and 14 September 2021.
• Six counts of killing a Common Buzzard (a non-Schedule 1 wild bird) at Weeting between 10 August and 14 September 2021.
• One count of intentionally killing a Northern Goshawk (a Schedule 1 wild bird) at Weeting on or about 10 August 2021.
• One count of possessing a regulated substance – Strychnine Hydrochloride – without a licence on 14 September 2021.
• One count of possessing 4 shotguns to kill a Schedule 1 wild bird on 14 September 2021.
• One count of releasing 3,400 Common Pheasants into the wild between 1 June and 14 September 2021 contrary to the Wildlife and Countryside Act 1981.
• One count of incorrectly storing a biocidal product – Rentokil Phostoxin – on 14 September 2021 contrary to the Health and Safety at Work Act 1974.

He received a 12-month Community Order and was ordered to do 200 hours of unpaid work, fined £692 and ordered to pay costs of £145, compensation of £288.72 and a victim surcharge of £95. The court also ordered the forfeiture and destruction of all Stroud’s firearms, mobile phones and any chemicals.

The court heard how the investigation started when RSPB officers found a young pheasant dead in Belvedere Wood, Weeting, on 19 August 2021. Tests later confirmed the pheasant had been poisoned with Strychnine Hydrochloride.

Further intelligence led Norfolk Police to execute a warrant at Stroud’s home, Belvedere Wood and Oisier Carr Wood on 14 September 2021 where the following discoveries were made:

• Three dead buzzards were found at two release pens in Oisier Carr Wood. Tests later confirmed they had been shot.
• Two pheasant carcasses with extremely high levels of Strychnine Hydrochloride and a poisoned Common Buzzard were found in Belvedere Wood – a Site of Special Scientific Interest because of its internationally important population of Stone Curlews
• Two bottles of Strychnine Chloride were found in the glovebox of Stroud’s all-terrain vehicle, and a bottle of Phostoxin discovered by officers in a lean-too style shed attached to his house.

In addition, Stroud’s mobile phone contained photos of a dead Goshawk and five dead Common Buzzards. He later confessed to officers that all the photos were of birds he had killed.

PC Chris Shelley, Norfolk Constabulary’s Rural Crime Officer, said: “This investigation is one of the biggest cases of its kind that we have dealt with in Norfolk.

“Stroud actions were dangerous and inhumane – he shot and poisoned birds of prey as he saw fit, and at will, because it suited him to do so. He also used a highly dangerous poison – one that has been banned in the UK for the last 15 years – indiscriminately, which could have had a disastrous effect on other local wildlife and showed a scant disregard for the safety of others.

“We’re committed to working with all partners to tackle rural crime and have worked closely with colleagues from the RSPB, the National Wildlife Crime Unit and Natural England throughout this investigation. It is because of this close collaboration with them that we have been able to bring this case to court.”

Tom Grose, RSPB Investigations Officer, said: “Laying poison baits out in the open is not only illegal but extremely dangerous and irresponsible. Baits like those being used present a deadly risk to any animal or person that might come across it.

“It is particularly troubling that this was happening on an SPA, a designated area where wildlife and nature should have the highest legal protection.

“We would like to thank Norfolk Police for leading such a thorough investigation, and to Natural England, the National Wildlife Crime Unit and Crown Prosecution Service for their support.”

Ashley Petchey of the Crown Prosecution Service said: “This was a case where Mr Stroud has, whilst in his position as a gamekeeper, killed wild birds by shooting and poisoning. He has also released non-native species into a SSSI.  

“The scale of the offences in this case demonstrates the lengths people will go to in order to persecute raptors.   

“The Crown take all cases of raptor persecution seriously and where the full code test is met, bring offenders to justice.”

ENDS

UPDATE 4th November 2022: RSPB Investigations Officer reflects on conviction of Norfolk raptor-killing gamekeeper Matthew Stroud (here)

Press release from the RSPB today (5th October 2022):

Gamekeeper escapes jail after killing birds of prey

*Six buzzards and a goshawk were found illegally killed on a gamebird shoot near Thetford, along with lethal poison baits.

*Gamekeeper Matthew Stroud pleads guilty to multiple offences

*The RSPB is increasingly concerned about raptor persecution linked to pheasant and partridge shoots, and the impact of large-scale gamebirds releases.

Today (5 October 2022) at Norwich Magistrates’ court, gamekeeper Matthew Stroud received a 200 hour community order and was fined £692 for offences connected with raptor persecution. Stroud was ordered to pay £145 costs, £288.72 compensation and a £95 victim surcharge.

[Convicted criminal gamekeeper Matthew Stroud and one of his victims, a shot buzzard. Photos via RSPB and Eastern Daily Press]

Offences included shooting five buzzards and one goshawk, the poisoning of another buzzard, the laying of poison baits and illegal possession of poisons including strychnine.

Stroud also became the first person convicted for the unauthorised release of gamebirds on a Special Protection Area (SPA) – an internationally important site for conservation under the Habitats Regulations.

[Another of Stroud’s victims – he shot this goshawk. Photo via RSPB]

[Two containers of the banned poison strychnine found in the glovebox of Stroud’s all-terrain vehicle]

Sentencing Stroud, Magistrates said that he was lucky to escape jail today.

The court heard from the defence that Stroud was under pressure to produce game birds for the shoot after two poor years, that he had taken no pleasure in killing the buzzards and that he should have been informed that the law had changed around pheasant releases.

This is one of many incidents of raptor persecution identified on lowland pheasant and partridge shoots, which the RSPB says is an area of increasing concern. There is also evidence that large-scale releases of pheasant and partridge for shooting is having a detrimental impact on native wildlife.

The RSPB Investigations team conducted lengthy enquiries on an area of land managed by Stroud for pheasant shooting at Fengate Farm in Weeting, within the Breckland SPA. Following a number of visits, on 19 August 2021 they discovered a pheasant carcass – later found to contain the banned toxic chemical strychnine. The use of a poison bait such as a pheasant, laced with pesticides, is one of the most common methods of illegally killing birds of prey.

A subsequent search with Norfolk Police and partners uncovered further poison baits plus shot and poisoned raptors. Stroud’s phone also contained the photo of a goshawk and several buzzards which he admitted to shooting. They also found the deadly banned poison strychnine and phostoxin, a dangerous fumigant which was stored improperly.

In 2021 it became illegal to release gamebirds on or adjacent to an SPA without a licence, which Stroud had not sought, making him the first person to be prosecuted and convicted for this offence.

In 2020, Wild Justice issued proceedings in the High Court challenging the annual release of millions of non-native pheasants and red-legged partridges into the countryside and their potential impact on sites designated for nature conservation. DEFRA conceded the case and introduced General Licence 43 in an attempt to ensure that the impacts of those birds on those sites would be regulated.

Mark Thomas Head of RSPB Investigations UK, said:

“It is difficult not to be disappointed with the outcome today considering the significance of the offences and combined efforts of the agencies involved. Laying poison baits out in the open is not only illegal but extremely dangerous and irresponsible. Baits like those being used at Fengate Farm present a deadly risk to any animal or person that might come across it. It is particularly troubling that this was happening on an SPA, a designated area where wildlife and nature should have the highest legal protection.

The RSPB’s most recent Birdcrime report in 2020 made clear that raptor persecution is not just an issue confined to grouse shooting estates: it is increasingly correlated with pheasant and partridge shoots.”

Mark added: “We would like to thank Norfolk Police for leading such a thorough investigation, and to Natural England, the National Wildlife Crime Unit and Crown Prosecution Service for their support”.

Guilty pleas were entered to the following charges:

· Six charges in relation to killing of six different buzzards (five by shooting and one poisoned) during August and September 2021

· One charge in relation to killing a goshawk listed under schedule 1 of the Wildlife and Countryside act 1981 in August 2021

· Three charges in relation to laying poison baits in August and September 2021

· One charges in relation to the possession of the banned pesticide, strychnine in September 2021

· A charge in relation to a firearm being an item capable of committing an offence in September 2021

· A charge in relation to the usage of the chemical phostoxin in September 2021

· One charge in relation to releasing pheasants illegally during 2022

ENDS

UPDATE 6th October 2022: Conviction of gamekeeper Matthew Stroud – statement from Norfolk Constabulary (here)

UPDATE 4th November 2022: RSPB Investigations Officer reflects on conviction of Norfolk raptor-killing gamekeeper, Matthew Stroud (here)