Man charged with shooting a buzzard has case adjourned until March

John Winn Roberts, 43, of Woodend Meadow, Ballymagorry, Strabane, Northern Ireland, appeared in front of magistrates on the Isle of Wight last Friday (20 January 2012) and pleaded not guilty to intentionally shooting a wild bird (a buzzard) on 26 November 2011 at a quarry in Newport, Isle of Wight. The case was adjourned until 22 March 2012 and Mr Roberts was granted unconditional bail.

The alleged offence was reported in the Isle of Wight County Press on 18 January 2012 (see here). Hampshire Constabulary led the investigation, with assistance from the RSPCA and the company ‘Bardon Vectis’, which runs the quarry where the alleged offence took place. The fate of the shot buzzard has not been reported.

More on this case after the next hearing.

Convicted gamekeeper Glenn Brown loses his appeal

The RSPB reports that Derbyshire gamekeeper Glenn Brown has lost his lengthy appeal against his conviction for seven offences relating to the illegal use  of a baited trap to take birds of prey, the intentional taking of a sparrowhawk, and numerous animal welfare offences.

Brown was convicted in June 2011 for the offences that took place on the National Trust’s Howden Moor in Derbyshire. Despite the penalties available, he was only given 100 hours of community service and ordered to pay £10,000 costs (see here, here, here and here for background).

According to the RSPB press release, Brown’s appeal, which began on 3 January 2012 at Derby Crown Court, included ‘a blistering attack against the integrity of the RSPB, claiming evidence had been planted to incriminate Brown’. The appeal was dismissed on 24 January 2012 by Judge Watson, who commented on the credibility of the RSPB witnesses. Brown was ordered to pay a further £7,000 costs.

It is not known whether Brown was/is a member of the National Gamekeepers’ Organisation. You can find out by sending an email to: info@nationalgamekeepers.org.uk

RSPB press release here

Cumbrian man ‘not in any way connected’ to red kite deaths

Following the blog post on 6 December 2011 (see here), Cumbrian man Allan Armistead appeared at Preston Crown Court on 6 January 2012. Here is what was reported by the ‘In-Cumbria’ newsletter:

AN investigation into the suspected poisoning and shooting of red kites led to the discovery of breaches of regulations dealing with pesticides and firearms at a farm.

But it was accepted at Preston Crown Court yesterday there was no evidence 74-year-old Allan Armistead was in any way connected with the deaths of the birds.

The pensioner, who lives at Hulleter Farm in Oxen Park, Ulverston, was fined £7,000 and ordered to carry out 140 hours’ unpaid work.

He admitted seven offences in relation to pesticides, plus three other firearm-related offences.

The court heard a search warrant was executed at the farm last July.

Chemicals were found, most of which were unlawful to possess, due to regulations which had come in more than 10 years ago. Some of the pesticides were 60 years old.

Two rusting tins had a chemical capable of producing cyanide gas on contact with air or water. When one of them was open in safe lab conditions, some of that gas had already been produced.

Mr Brett Gerrity, prosecuting, said the finding of those tins had resulted in wildlife officers having to wear full face masks.

Other pesticides were also found. Among them was a bag containing bottles of crystallised hydrochloride strychnine. There was also a bottle of strychnine hydrochloride – a highly toxic poison used for controlling moles.

It was also found Armistead had his late father’s Home Guard rifle without authorisation, had more ammunition than he was allowed and had not disclosed he had at least three other guns. Mr Christopher Evans, defending, said the pensioner was genuinely remorseful. The chemicals had previously been legally held for many years before new regulations came in.

He said Armistead had lived at the farm since he was born. He had worked there all his life, following in his father’s footsteps, and works seven days a week.

His father’s old rifle had been kept for sentimental value.

Judge Graham Knowles QC cancelled the firearms certificate and shotgun licence that Armistead had held.

He told him: “You dealt with the guns and the ammunition and the pesticides as though the law didn’t apply to you, or didn’t matter.”

Armistead was also told to pay a total of £2,300 costs, plus a £15 surcharge.

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.

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

The denials have started – gamekeepers say persecution becoming less of an issue

With tedious predictability, one of the gamekeepers’ representative bodies is trying to play down the latest raptor persecution figures. According to an article in today’s Telegraph, the National Gamekeepers’ Organisation says birds of prey are doing well in the UK and persecution is becoming less of an issue.

If you can be arsed to read any more of these ridiculous statements, the article can be found here.

RSPB’s Birdcrime 2010 report published

The RSPB has published its annual report on raptor persecution in the UK (Birdcrime 2010). Poisoning reports are down (128 reported in 2010; 153 reported in 2009). Birds confirmed poisoned in 2010 include:

20 red kites, 30 buzzards, 8 peregrines, 5 golden eagles, 2 goshawks, 1 sparrowhawk and 1 white-tailed eagle.

Meanwhile, the RSPB are using the publication as an opportunity to call for a crackdown on poisons, according to the BBC website. It says the current law, which makes it illegal to possess certain pesticides, is rendered ‘impotent’ because the list of controlled substances hasn’t been published in England, Wales and Northern Ireland.

We’ll write more about the Birdcrime 2010 report over the coming few days. BBC news article here. Birdcrime 2010 report here

 

North Yorkshire worst place for raptor persecution in UK, says RSPB

A report out today in the Independent on Sunday says that birds of prey are being poisoned or shot in the North York Moors and Yorkshire Dales at a rate unknown in any other region in the UK, according to the latest RSPB figures.

The headline is actually quite a misleading statement. Perhaps what it should say is that reports of raptor persecution are highest in North Yorkshire than any other region. We know only too well that reporting and recording is done very differently between regions, and these differences do not neccessarily reflect what is actually happening on the ground.

The latest figures come from the RSPB’s annual Birdcrime report, Birdcrime 2010, which is due to be published on Thursday, so it’s difficult to assess the findings until the report has been released. However, according to the IoS article, “Almost 10 per cent of the 117 incidents against 11 species last year took place in the county, which has consistently recorded high rates of such crime, according to the RSPB“.

The article continues: “The number of reported incidents in North Yorkshire doubled between 2009 and 2010, from 27 to 54, with 10 confirmed cases of bird of prey persecutions. These include the poisoning of four red kites and three buzzards and the shooting of a goshawk. Two-week old chicks [of what species?] were also found laced with a banned pesticide and left as bait in the Yorkshire Dales.”

An RSPB spokesman lays the blame firmly at the feet of intensive upland grouse moors; a BASC spokesman denied the extent of the problem and said “the gamekeeper is a convenient scapegoat.”

All depressingly familiar. The bottom line is, despite the overwhelming evidence of widespread criminal raptor persecution, it is still not possible to get a meaningful prosecution. Until this happens, we will continue to read these appalling statistics.

More on this once the Birdcrime 2010 report has been published.

Article in the Independent on Sunday here

Another poisoned peregrine and the appeal for info comes three months later (again)

The BBC News website is running a story today about another poisoned peregrine. The young bird was apparently discovered three months ago at Whitecleaves Quarry near Buckfastleigh in Devon. The toxicology results, which have only just been released, indicate the bird was poisoned with the banned pesticides Carbofuran and Aldicarb.

This is the third reported poisoning incident in the region in recent weeks, following the reports of four poisoned goshawks and one buzzard in Devon (see here) and two poisoned peregrines in Cornwall (see here).

According to the BBC article, peregrines at Whitecleaves Quarry have been targeted before, with poisoned birds being discovered in 1992, 2004 and 2005.

Devon & Cornwall police are investigating the latest incident, and the RSPB has once again put up a £1,000 reward for information leading to a conviction.

The obvious question – why has it taken three months for this incident to be publicised?

BBC News article here