Poisoned eagles found on grouse moor in Northern Ireland: new petition calls for ban on possession of dangerous pesticides

Further to the news on Friday that the two white-tailed eagles found dead on Northern Ireland’s only driven grouse moor at Glenwherry in the Antrim Hills had been illegally poisoned (see here), the Northern Ireland Raptor Study Group (NIRSG) has launched a new petition calling for a ban on the possession of dangerous pesticides.

The two poisoned white-tailed eagles. Photo: Northern Ireland Raptor Study Group

Here is the petition text:

Pesticides which have been deemed toxic to non-target plants and animals have been banned for use across many countries, including Northern Ireland. However, although ‘banned for use’, these dangerous substances are still being used, unlawfully, to target protected birds of prey.

There have been 64 confirmed incidents of abuse of banned or highly toxic chemicals to target birds of prey in Northern Ireland since 2009. However, prosecutions are notoriously difficult to attain because unless an individual is actually seen to be laying out a poisoned bait, it is virtually impossible to determine who laid the bait that subsequently kills a protected species. To date, we are not aware of any successful prosecutions for poisoning protected wildlife in Northern Ireland.

Scotland faced a similar problem with illegal wildlife poisoning so in 2005 it introduced new legislation making it an offence to be ‘in possession’ of certain banned substances (Possession of Pesticides (Scotland) Order 2005). The substances listed were those known to be used to illegally target birds of prey. This legislation has led to the successful prosecution of many individuals who were found to be in possession of the named banned substances, for example where it was discovered in their vehicles, at their work premises and even in their homes. Not only has the poison been confiscated and destroyed, these prosecutions have doubtless saved the lives of countless species and raptors that otherwise would have been targeted.

The banned pesticides are not just a threat to wildlife and the wider environment; many of them can have fatal consequences for any human (adult or child) who happens to inadvertently come into contact with them, for example by touching a poisonous bait laid out in the countryside.

In light of the most recent illegal poisoning of two young white-tailed eagles in County Antrim in May 2023, we are seeking an urgent review of the use of banned pesticides to kill wildlife in Northern Ireland, leading to the creation of a new law which prohibits the ‘possession’ of named, highly toxic poisons.

If a pesticide has already been banned for use on the basis of its toxicity and threat to humans, wildlife and the wider environment, there can be no justification for keeping it.

Please help our campaign by signing this petition (you don’t have to be a resident of Northern Ireland to sign). Thank you.

The poisons we would like to see prohibited for possession are:

·        Aldicarb

·        Alphachloralose

·        Aluminium phosphide

·        Bendiocarb

·        Carbofuran

·        Mevinphos

·        Sodium cyanide

·        Strychnine

·        Chlorpyriphos

·        Diazinon

ENDS

The outrage caused by the illegal poisoning of these young eagles has led to widespread media coverage, e.g. The Irish Post, Belfast Live, Belfast Telegraph, Irish Examiner, ITV news, BBC news, Irish Mirror

Indeed, condemnation has even come from Michael Martin, the Irish Deputy Premier (the second most senior officer in the Irish Government) who had released one of these eagles last year as part of the reintroduction project in the Irish Republic:

The RSPB is offering a £5,000 reward for information leading to a conviction (see here).

The Northern Ireland Raptor Study Group’s press release (here) describes the location where the two eagles were found poisoned as follows:

Glenwherry Hill Farm is owned by the Department of Agriculture, Environment and Rural Affairs (DAERA) and operated by College of Agriculture, Food and Rural Enterprise (CAFRE). This area has many young student farmers, conservationists and volunteers carrying out field work and studies on a daily basis. It also is the part of the Glenwherry Hill Regeneration Partnership (GHRP) and a site for driven grouse shooting and winter woodcock shooting and a site of the Curlews in Crisis restoration project‘.

I think it’s notable that the NIRSG resigned from the ‘partnership’ in 2020 over ‘incompatible management objectives’. The moorland management has recently shifted from walked-up grouse shooting to becoming managed for driven grouse shooting.

Dr Marc Ruddock of NIRSG is quoted:

We know these parts of the Antrim Hills intimately having monitored birds of prey there for many years and seen various visiting golden eagles and white-tailed eagles there in the past. We are horrified and devastated at the death of these two young eagles. We sincerely hope that this is not a reflection of a renewed intolerance of birds of prey in county Antrim and within Northern Ireland. White-tailed eagles eat fish and seabirds but also other birds, rabbits and hares and more often scavenge dead animals in the countryside. They, along with other native birds of prey, are an essential component of a healthy ecosystem and for such indifference and intolerance to be displayed towards native eagles by somebody in this area is distressing“.

Dr Eimear Rooney of NIRSG said, “These majestic creatures are part of our ancient heritage and deserve to be revered, not poisoned and left to rot on a hillside. The suffering these birds must have felt in their final moments, and then dying side by side, it is just heart-breaking. Birds of prey are essential in balancing a healthy ecosystem and are already under pressure from loss of suitable nesting and foraging habitat. With the additional losses of birds through illegal poisoning, whether targeted at them or not, it is a massive blow to conservation efforts in Northern Ireland and on the island of Ireland.

We have been contacted by many people outpouring their upset at the death of these eagles, and people are incensed that these pesticides, many of which are banned due to toxicity to human health, and which unbelievably remain in use illegally, causing the destruction of our native wildlife, and yet are not illegal to have in your possession”.

If you want to sign the NIRSG’s new petition calling for a ban on the possession of dangerous pesticides in Northern Ireland please click HERE.

UPDATE 3 March 2025: 50,000 people support the Northern Ireland Raptor Study Group’s petition to ban possession of dangerous, raptor-killing pesticides (here)

UPDATE 17 June 2025: 50,000-signature petition calling for ban on possession of poisons, handed in to Stormont, Northern Ireland (here)

Police confirm 2 x white-tailed eagles found dead on a grouse moor in Northern Ireland were illegally poisoned

In May this year, the Police Service of Northern Ireland (PSNI) appealed for information after the discovery of two dead white-tailed eagles found next to one another in suspicious circumstances on moorland in Ballymena, County Antrim (see here).

The corpses were sent for post mortem and toxicology results have now confirmed they were both poisoned by Bendiocarb.

The two poisoned white-tailed eagles. Photo: Northern Ireland Raptor Study Group

The PSNI has issued the following statement this afternoon:

POLICE INVESTIGATE POISONING OF TWO WHITE-TAILED EAGLES

Police are appealing for information from the public, after the confirmed poisoning of two white-tailed eagles.

Police investigating the circumstances following the discovery of two dead white-tailed eagles, in the Glenhead Road area of Ballymena on Monday, 15th May, can confirm the birds were subsequently poisoned.

Following a post-mortem examination, both birds tested positive for the insecticide bendiocarb.

How the birds came into contact with the insecticide remains part of an ongoing investigation, and the Police Service of Northern Ireland is committed to working with partners and members of the public to determine how the birds consumed the toxic insecticide.

Rural and Wildlife Crime Superintendent Johnston McDowell said: “Sadly, police can confirm the two majestic birds found on land in the Glenhead Road area were poisoned, following a post-mortem examination.

“The test results suggest that an individual not only has access to the insecticide bendiocarb but has placed this into the outside environment illegally, so that wild birds have been able to consume it.

“Bendiocarb is present in the trade product Ficam D, a powder which is only permitted for indoor use to control crawling insects such as wasps and ants, so using this active ingredient in fields would be a breach of Biocidal Products Regulation (BPR).

“The illegal killing of these beautiful birds in a popular rural area is disgraceful, and for any individual to think that they can ignore the law and lay poisonous bait which has led to the killing of these birds, is unacceptable and will not be tolerated.

“Officers with support from the National Wildlife Crime Unit, have been on the ground conducting house-to-house enquiries, engaging with local residents and landowners, in the areas of where the birds were gravitating towards, before they were found deceased.

“The Police Service of Northern Ireland will continue to work with our partners to tackle this criminal activity, investigate any reports made to us and prosecute offenders. In this case we have liaised with our partners in the Partnership for Action Against Wildlife Crime (PAWNI) Agri-Food and Biosciences, Royal Society for the Protection of Birds, NI Raptor Study Group, Health and Safety Executive for Northern Ireland, Northern Ireland Environment Agency and received additional support from the National Wildlife Crime Unit. Police have a strong multi-agency support group which we are very grateful for, but we need the help of the public too.

“There must be people in the community who are aware of individuals committing these offences, and who can come forward and assist police with any information they have.

“If you notice any suspicious activity in rural areas, notice a dead or injured bird of prey, please call police on 101, or alternatively you can make a report via Crimestoppers anonymously on 0800 555 111 or online at http://crimestoppers-uk.org. Alternatively, you can submit a report online using the non-emergency reporting form via http://www.psni.police.uk/makeareport/.

“We are also very grateful to our partners in the charity Royal Society for Protection of Birds (RSPB) who are offering a reward of £5000 for information leading to the prosecution of those involved in the poisoning of the two white-tailed eagles. The charity is completely independent from the police and can be contacted on their confidential Raptor Crime Hotline on 0300 999 0101 or online at crime@rspb.org.uk.”

ENDS

I’ll have more to say about this case, not least to discuss the location where the poisoned eagles were found – the only moor that’s managed for driven grouse shooting in Northern Ireland.

More soon…

UPDATES:

Press release from Northern Ireland Raptor Study Group (here)

Press release from RSPB (here)

Poisoned eagles found on grouse moor in Northern Ireland: New petition calls for ban on the possession of dangerous pesticides (here)

UPDATE 3 March 2025: 50,000 people support the Northern Ireland Raptor Study Group’s petition to ban possession of dangerous, raptor-killing pesticides (here)

UPDATE 17 June 2025: 50,000-signature petition calling for ban on possession of poisons, handed in to Stormont, Northern Ireland (here)

Red kite found shot & poisoned in notorious grouse moor area of North Pennines AONB

Press release from the RSPB (27th June 2023):

RED KITE SHOT AND POISONED IN DURHAM RAPTOR CRIME SPOT

  • The protected bird of prey was found dead, hanging in a tree near Stanhope Burn, in the North Pennines Area of Outstanding Natural Beauty
  • The Weardale area has become a hotspot for raptor persecution
  • Police and partners want members of the public to report dead birds of prey and generate more information on raptor persecution in the area

A Red Kite found dead in Stanhope has been confirmed as having been both shot and poisoned, once again highlighting the area’s serious problem with bird of prey persecution.

The protected bird of prey was discovered hanging in a tree by a member of the public in October 2022. The bird’s body was x-rayed and found to contain pieces of shot revealing that the bird had been shot at some point in its life. But when the bird was sent for official toxicology examination, the body was found to contain the highly toxic pesticides carbofuran and bendiocarb – which were confirmed by testing to be the cause of death. Both these substances are frequently seen in bird of prey poisoning cases despite being banned for legal use in the UK for many years.

Illegally shot & poisoned red kite hanging in a tree near Stanhope in the North Pennines AONB, October 2022. Photo: RSPB
Investigator collecting the shot & poisoned red kite near Stanhope, Oct 2022. Photo: RSPB

Red Kites are graceful birds with long wings and a distinctive forked tail. Forty years ago their numbers were limited to a small population in Wales due to illegal persecution, until successful reintroduction programmes in the 1980s and 90s brought them back from the brink. However persecution remains a threat, even today. Like all birds of prey, they are legally protected in the UK, punishable by jail and/or an unlimited fine.

Last month (May 23), police and partners carried out searches of land and buildings the area, in connection with the incident.

Red star indicates approximate location of latest crime in the North Pennines AONB
Stanhope Burn, to the NW of Stanhope, is next to moorland managed for driven grouse shooting

This is the latest of a series of crimes involving birds of prey being illegally killed in this part of the North Pennines Area of Outstanding Natural Beauty (AONB).

In 2020, two GPS satellite-tagged Red Kites disappeared in the Edmundbyers area in suspicious circumstances [Ed: see here]. Both tags – fitted as part of a species monitoring scheme by Friends of Red Kites, who monitor the red kite population in North-east England – had been transmitting as expected until they suddenly stopped. Neither bird, nor their usually very reliable tags, have been seen since.  

In 2021, a Red Kite was found poisoned by carbofuran and bendiocarb, also in the Edmundbyers area.

The following year, police together with partner agencies conducted a raid on nearby grouse moor estates in Durham and Northumberland, following previous incidents and intelligence related to bird of prey killing in the area [Ed: see here].

And in March 2023, a Red Kite was found shot, but still alive, on a grouse moor in Edmundbyers [Ed: see here]. Luckily, after care by local vets and a specialist rehabilitator, the bird recovered and was released back into the wild [Ed: see here].

The RSPB’s Birdcrime report, published last autumn, revealed that over two-thirds (71%) of all confirmed raptor persecution incidents in 2021 related to land managed for gamebird shooting. And since 1990, 67% of those convicted of these crimes have been gamekeepers.

Data from RSPB’s Birdcrime Report (2021)

Mark Thomas, RSPB Head of Investigations, said: “We are concerned about a spate of concentrated raptor crimes which is rendering the Weardale grouse moors a hotspot for the illegal killing of birds of prey. As such, we are concentrating our efforts of detection on this area, in the hope of catching anyone targeting protected birds such as Red Kites, which should be breeding successfully in this area. But we critically need the public to be our eyes and ears and report potential crimes to ourselves and the police.

The fact that bird of prey persecution continues against the public interest makes it clear that additional regulation for grouse moors is necessary. We believe all grouse moors and their owners or sporting tenants must be licensed, as is happening in Scotland, to provide a meaningful deterrent to the illegal killing birds of prey. Ultimately this could mean the loss the licence to shoot grouse, if the Police are satisfied that wildlife crimes against raptors are occurring on a particular landholding. Law-abiding estates should have nothing to fear from this approach”.

PC David Williamson of Durham Constabulary said: “The illegal killing of birds of prey unfortunately is continuing in our rural areas. It is unacceptable that anyone should think they can ignore the law and kill these birds by poisoning, shooting, trapping or nest destruction and disturbance. I am sure that people in our community will know who is committing these offences and I would urge anyone with any information to report this. Durham Constabulary will continue to work with our partners to tackle this criminal activity, investigate any reports and prosecute offenders”. 

If you notice a dead or injured bird of prey in suspicious circumstances, call the police on 101 and fill in the RSPB’s online reporting form HERE.

If you have information about anyone killing birds of prey which you wish to report anonymously, call the RSPB’s confidential Raptor Crime Hotline on 0300 999 0101.  

ENDS

Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway

In April 2023, Barry Nicolle, 67, a wildfowl collector from Dumfries & Galloway, pleaded guilty to 14 charges relating to the poisoning of red kites with banned pesticides, which included the placing of poisonous baits out in the countryside (see here and here).

This morning he was sentenced at Dumfries Sheriff Court and was given a monumentally inadequate community service order – to complete 216 hours of unpaid work within 12 months.

The RSPB has issued the following press release:

DUMFRIES-SHIRE MAN GIVEN COMMUNITY PAYBACK ORDER FOR ‘SERIOUS’ BIRD POISONING OFFENCES

A Dumfries and Galloway wildfowl collector was today (19 May 2023) sentenced to 216 hours of community payback at Dumfries Sheriff Court, after being convicted of multiple charges relating to the use of illegal poisons to target protected wildlife.

At a previous hearing, Barry Nicolle (67) plead guilty to 14 charges, including the illegal poisoning of five Red Kites and 10 Rooks, the placing of poison baits out in open countryside and the possession of banned pesticides. 

A container of the banned poison Aldicarb, found at Nicolle’s house. Photo: Crown Office

Speaking in court today, the Sherriff said the crimes were serious enough to cross the threshold for prison to be considered, however given that the individual had no previous convictions, in light of his age, and due to sentencing guidelines regarding custodial penalties of less than 12 months, a community order was served.

The case dates back to spring 2019, when several dead Red Kites were found by members of the public in the Springholm area, between Dumfries and Castle Douglas. Toxicology tests by the Science and Advice for Scottish Agriculture government laboratory revealed that all had died after consuming meat laced with poison. More victims were identified over the following months, including a number of Rooks found poisoned in the playground of the local primary school. One kite found killed was lying adjacent to the body of a Mandarin Duck used as a bait and found to have been laced with the same banned pesticide that killed the kite.

Mandarin Ducks are not a native species in Scotland, and the use of this exotic species as a bait drew Police Scotland’s attention to Nicolle who kept a large collection of exotic ducks and geese in an enclosure next to his house. During the execution of a search warrant at his premises in February 2020, police officers found quantities of aldicarb and bendiocarb, both illegal poisons, and both of which had been detected in the victims. Officers also found a Larsen trap being used illegally adjacent to Nicolle’s duck ponds. Nicolle was subsequently arrested and charged.

Ian Thomson, RSPB Scotland’s Head of Investigations, said: “We welcome today’s conviction of a Mr Nicolle for multiple offences linked to the illegal poisoning of Red Kites and Rooks around the village of Springholm. The placing of poison baits out in the open is illegal, dangerous and indiscriminate. It is exceedingly fortunate that Mr Nicolle’s repeated actions did not result in serious injury to a young child.

The investigation of this case was an excellent example of partnership working. We would particularly like to thank Police Scotland, notably wildlife crime officer PC John Cowan, for their dogged determination to identify the perpetrator of these offences and to see them face justice, and to Procurators Fiscal from the Crown Office’s Wildlife and Environmental Crime Unit, for their diligent work in securing a conviction in such a complex case.”

Red Kites became extinct in Scotland in the 19th century due to persecution, but have been reintroduced in four areas, including Galloway. The reintroduction project here ran from 2001-04. Now, of an established Scottish population of around 450 pairs, Dumfries & Galloway contains about a third of these, making it the most important area of the country for these birds and their future conservation. In addition, the Galloway Red Kite Trail is a significant local tourist route, with over 100,000 visitors coming to the area to see the kites and contributing £8.2 million to the local economy between 2003-2015.

Red kite. Photo: Dick Forsman

Detective Inspector Dean Little, Senior Investigating Officer at Police Scotland, said: “Wildlife crime can be complex to investigate and difficult to prove in court. In this case local officers on the ground were able to promptly gather evidence and work with a number of partners who utilised specialist forensic methods to build a case against Nicolle.

Scotland’s wildlife is one of its greatest attractions, which is especially true in our local area. Nicolle’s reckless use of illegal poison was not only selfish and damaging to the birds it killed, but also posed a risk to the environment and members of the public who came across them.

I would like to thank the numerous partners who assisted in this case and members of the public who provided information and assisted police enquiries. Crimes against nature are not unpunishable and we welcome the sentencing today of Nicolle which shows our continued commitment to investigate wildlife crime and bring perpetrators to court.”

ENDS

Given the extent and seriousness of Nicolle’s crimes, I just can’t believe how lenient the Sheriff has been, although obviously he is constrained by sentencing guidelines.

It’s a complete replication of what happened when gamekeeper Alan Wilson was sentenced for his multiple offences at Longformacus in the Scottish Borders in 2019 (see here). Wilson also avoided jail, also avoided a fine and was just given a community payback order of 225 hours. It’s as though the Sheriffs in these cases are considering the offences as individual offences instead of looking at them as a cumulative pattern, which would easily then pass the custody threshold and exceed the 12 months limit.

Unfortunately, Nicolle committed his crimes prior to the enactment of the new Animals & Wildlife (Penalties, Protections & Powers) (Scotland) Act 2020; legislation that was introduced to increase the penalties available for certain wildlife crimes, including those under Section 1(1)(a) of the Wildlife & Countryside Act – ‘Intentionally, or recklessly, killing, injuring, or taking a wild bird‘. 

Although, as we saw in a recent test case of this new legislation (the sentencing of a gamekeeper on Moy Estate for raptor-killing), it won’t necessarily lead to a significant punishment (see here).

I feel incredibly sorry for the multi-agency investigators in the latest case, who have clearly worked hard to bring a successful prosecution against Nicolle. In my opinion this pathetic sentence doesn’t reflect their efforts, doesn’t act as a deterrent for others, and certainly doesn’t reflect the seriousness of Nicolle’s crimes, which he knowingly committed, repeatedly, over a period of months.

Despite his conviction, this is a bad day for wildlife crime fighters.

UPDATE: The Crown Office has published the following statement, which provides a few more details:

MAN SENTENCED FOR POISONING WILD BIRDS

A 67-year-old waterfowl enthusiast has been sentenced for killing multiple birds of prey and other birds. 

Barry Nicolle, who runs an exotic wildfowl breeding farm in Dumfries and Galloway, has been given a Community Payback Order and ordered to carry out 216 hours of unpaid work after pleading guilty at Dumfries Sheriff Court to the indiscriminate use of banned poisons, which killed five red kites and ten rooks.  

This believed to be the first Scottish conviction in which multiple birds of prey have been killed with poison. 

He also pled guilty to possession of several highly toxic pesticides, using a crow trap illegally and an air weapon licensing offence. 

Between May 2019 and February 2020 Nicolle laced bait including mandarin duckling and a mallard duck with banned pesticides. He also placed poisoned bread on fence posts around his land which is about 150m (164 yards) from Springholm Primary School. 

All of this was done to attract and kill scavengers in a bid to protect his own collection of exotic and ornamental waterfowl from a perceived threat.  

Speaking after the sentencing, Fiona Caldwell, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS) said: 

“Barry Nicolle’s actions led to the illegal killing of multiple Red Kite’s and Rooks. 

“The laying of bait laced with poisons was shockingly irresponsible and Nicolle has shown an utter disregard for the wildlife laws which serve to protect these species.  

“I would like to thank Police Scotland, RSPB Scotland, the Scottish SPCAthe SRUC Veterinary Investigation Centre and SASA for their part in investigating and gathering evidence of these repugnant offences. 

“The law protects wild birds and those who seek to poison them or possess stocks of illegal poison can be assured that the Procurator Fiscal will continue to prosecute such cases and ensure that offenders face the consequences of their actions.” 

The court heard that numerous reports of suspicious deaths of red kites in the Kirkpatrick Durham and Springholm areas were made to Police Scotland, RSPB and the Scottish SPCA Inspectors by members of the public.  

Springholm is at the heart of the breeding red kite population’s range in South West Scotland making it a key area of the country for these birds and their future conservation. 

Several red kite were found lying motionless on the ground in a distressed state and had to be euthanised. The ten poisoned rooks were found on the grounds of Springholm Primary School. 

Subsequent post-mortem examinations by Scotland’s Rural College (SRUC) Veterinary Investigation Centre and toxicology analysis by the Science and Advice for Scottish Agriculture (SASA) Chemistry Branch established a pattern and cause of death linked to a banned Carbofuran based pesticide called Aldicarb.  

All the deaths centred around Nicolle’s property and as a result of these enquiries police applied for and were granted a warrant to search Wickerty Snook. 

On the morning of 4 February 2020 police wildlife officers, along with an RSPB investigator, a SASA scientist and others executed the warrant.  

During the search of Nicolle’s home, the poisons Aldicarb, Bendiocarb and Phostoxin, which contains aluminium phosphide, were found.  

Poisoned bait and traps, including an untagged and therefore illegal Larsen trap, were found on his land.  

ENDS

Police Scotland statement on conviction of red kite poisoner, Barry Nicolle

Further to yesterday’s breaking news (here) that wildfowl collector Barry Nicolle had pleaded guilty to multiple wildlife crimes relating to the illegal poisoning of red kites in south west Scotland, Police Scotland has issued the following statement:

Man convicted of killing 15 birds, including five red kites, in Dumfries & Galloway Area

A 67-year-old man has been convicted of killing raptors and other wild birds in the Stewarty area of Dumfries and Galloway between 2019 and 2020.

Barry Nicolle admitted numerous charges at Dumfries Sheriff Court today (Wednesday, 5 April, 2023). He is due to be sentenced on Friday, 19 May, 2023.

The charges related to the reckless use of illegal poison resulting in the deaths of 15 birds, including five red kites. They were recovered within a mile radius of Nicolle’s address, some just a few hundred yards from his property.

A poisoned red kite. Photographer: unknown

Robust policing work in conjunction with forensic science found these birds had not died naturally and had in fact been poisoned with banned substances, including Aldicarb and Bendiocarb.

Wildlife Officer, Police Constable John Cowan, said: “Extensive policing work involving a number of partners, along with forensic science, enabled us to build a case against Nicolle who had been killing protected birds over a number of years.

Not only was there a risk to the rural environment, but also to members of the public handling poisoned birds some of which were found near a primary school.

Police Scotland and the partners we work with treat all types of wildlife crime very seriously and this conviction is a strong message that those who poison wild and protected birds will be robustly investigated.

I would also like to thank the public who provided information that assisted our enquiries. This is vital to our work in combatting wildlife crime.

I would encourage anyone who comes across a protected dead bird or animal to report it to us. Likewise if you have information about wildlife crime please get in touch via 101.”

ENDS

UPDATE 19th May 2023: Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway (here).

Fascinating new details emerge about investigation into raptor persecution on Shaftesbury Estate in Dorset

Earlier this year, criminal gamekeeper Paul Allen was sentenced for multiple wildlife, poisons and firearms offences committed on the Shaftesbury Estate in Dorset in 2021 (see here).

He first came to the attention of the police after a member of the public discovered a dead red kite on the estate in November 2020. Tests revealed it contained the poison Bendiocarb and this triggered a multi-agency raid in March 2021 led by Dorset Police’s (now former) wildlife crime officer Claire Dinsdale.

The poisoned red kite found on the Shaftesbury Estate by Dorset resident Johanna Dollerson

Officers found the corpses of six dead buzzards by a pen behind the gamekeeper’s house (tests later showed they had all been shot, including one that was was estimated to have been shot in the last 24hrs). Officers also found the remains (bones) of at least three more buzzards on a bonfire.

A loaded shotgun was found propped up behind a kitchen door (!) and 55 rounds of ammunition were found in a shed. Both the gun and the ammunition should have been inside a locked, specifically-designed gun cabinet, by law. The gun and the ammunition were not covered by Allen’s firearms certificate.

Officers also found a number of dangerous, and banned, chemicals, including two bottles of Strychnine, two containers of Cymag and a packet of Ficam W (Bendiocarb) in various locations, including in a vehicle used by Allen.

Some of you may also recall that Allen was initially charged with killing the red kite, but court records showed that this charge, along with two others, was subsequently dropped minutes before the hearing (see here), probably as some kind of bargaining agreement between the lawyers.

Allen was sentenced in February 2023 and escaped a custodial sentence due to his personal circumstances (see here).

If you recall, the Shaftesbury Estate was also where a young satellite-tagged poisoned white-tailed eagle was found dead, a year later, in January 2022. Tests revealed the eagle’s liver contained seven times the lethal dose of the rodenticide Brodifacoum but Dorset Police refused to conduct a search of the estate, despite already running an investigation into gamekeeper Paul Allen’s crimes on the same estate(!), and they still haven’t provided a credible explanation for that appalling decision (see here).

Now new details have emerged about what was found during the investigation into gamekeeper Allen, thanks to Guy Shorrock, a member of the PAW Forensics Working Group and a former Senior Investigator at RSPB. Guy has written a guest blog for Wild Justice to demonstrate how the Raptor Forensics Fund, initiated by Wild Justice in 2020, has been used to help bring a number of criminal gamekeepers to court.

In that guest blog, Guy discusses the forensic testing undertaken on a ‘cut open’ dead rat that had been found next to the red kite’s corpse. Tests revealed it, too, contained the poison Bendiocarb – in other words, it had been placed as a poisoned bait. Forensic testing also confirmed that the kite had consumed part of a brown rat. You don’t have to be Poirot to piece it all together but even though Allen’s vehicle contained multiple pots of Bendiocarb, this still isn’t sufficient evidence to demonstrate without reasonable doubt that he was responsible for placing the poisoned bait that killed that red kite. This is a very good example of just how high the criminal burden of proof is and why so many prosecutions against gamekeepers have failed.

What has also been revealed is that in addition to being poisoned by Bendiocarb, that red kite also contained NINE times the lethal level of the rodenticide Brodifacoum in its system!! Sound familiar? The dead white-tailed eagle, found on the same estate a year later, contained seven times the lethal dose. To me, this makes Dorset Police’s decision not to search the Shaftesbury Estate even more non-sensical than previously thought.

Wild Justice has asked its legal team to examine Dorset Police’s botched handling of the poisoned white-tailed eagle case and expects to have more news on that in due course.

Meanwhile, I’d really encourage you to read Guy’s guest blog on Wild Justice’s website (here), published this morning, for a fascinating insight into the pain-staking forensic work that goes in to prosecuting those who continue to kill raptors.

The Raptor Forensics Fund, initiated by Wild Justice and supported by donations from the Northern England Raptor Forum, Tayside & Fife Raptor Study Group, Devon Birds, and a number of generous individuals who wish to remain anonymous, is now running low (because it’s been used so often!). Wild Justice intends to top up the fund shortly. If you’d like to donate to Wild Justice’s work, please click here. Thank you.

Two poisoned buzzards found dead next to poisoned bait in Wales – appeal for information comes 7 months later

Two dead buzzards have been found next to a dead pigeon in a south Wales wood – all three have tested positive for Bendiocarb, a restricted poison that is currently the most widely-used substance for illegally poisoning birds of prey.

The two dead buzzards and the poisoned bait were found in woodland near HM Prison Parc in Bridgend in August 2022.

One of the poisoned buzzards next to the poisoned bait (a pigeon)

It’s not clear why it’s taken seven months for an appeal for information to emerge but it’s noticeable that the appeal (see below) has been led by the RSPB and not by South Wales Police.

So yet again, another police force has failed to warn the public about the use of a highly dangerous poison in a public area, that’s already killed at least two protected species.

I don’t understand why it’s so difficult for police forces to get this right – we see them cocking this up time and time and time again. Even if there’s a delay getting results back from the lab (as there so often is), it’s pretty obvious from the circumstances in this case that poisoning was the likely cause of death and therefore the public should have been alerted/warned immediately, not seven months after the event. Seriously, how hard can it be? It doesn’t inspire confidence, does it?

RSPB PRESS RELEASE:

Poisoned buzzards prompt police warning to public

*Two Buzzards – a species protected by law – were found poisoned in Bridgend, posing a risk to public safety.

*Police and RSPB Cymru are asking anyone with information to come forward.

South Wales Police and RSPB Cymru are appealing to the public for information after two Buzzards were found illegally poisoned near HM Prison Parc in Bridgend.

The bodies were found by a member of the public alongside a dead feral pigeon in woodland near the prison in August 2022, and South Wales Police launched an investigation.

All three birds tested positive for the insecticide bendiocarb, a fast-acting poison. This is now banned in most forms but is frequently used to target birds of prey.

It has not been possible to identify a suspect.

Niall Owen, RSPB Raptor Officer, said: “It’s clear that these Buzzards were killed after feeding on the pigeon, which was laced with poison in a deliberate act to target birds of prey. This is not only illegal and dangerous to wildlife but represents a serious risk to any person or pet that may have come across it. If you have any information relating to this incident, please contact South Wales Police on 101.”

All birds of prey are protected by law, and to kill or injure one could result in jail and/or an unlimited fine.

If you find a dead or injured bird of prey which you suspect may have been poisoned or illegally killed in some way, call 101 and contact the RSPB via this online reporting form.

You can also get in touch anonymously by calling the RPSB’s Raptor Crime Hotline: 0300 999 0101.

ENDS

Dorset Police response to sentencing of criminal gamekeeper Paul Allen

Well it’s taken them long enough, but finally Dorset Police has managed to issue a statement about the conviction and sentencing of criminal gamekeeper Paul Allen, who pleaded guilty to multiple wildlife, poisons and firearms offences whilst working on the Shaftesbury Estate in March 2021.

You’ll recall I was surprised when Dorset Police failed to mention anything about Allen’s forthcoming court appearance and subsequent conviction back in January, despite the force publishing statements about a wide variety of other criminal cases at various stages of progression through the criminal justice system (see here), but at last, they’ve got around to saying something. Although what they’ve chosen to exclude from this press statement is far more revealing than what they’ve chosen to include.

The following statement was published on the Dorset Police website last Thursday:

A man has been sentenced at court for wildlife and firearms offences in East Dorset following a multi-agency investigation led by rural crime officers.

Paul Scott Allen, aged 54, was sentenced at Weymouth Magistrates’ Court on Thursday 16 February 2023 after admitting a total of seven offences at a previous hearing.

The defendant pleaded guilty to two counts of possessing a live or dead wild bird under schedule 1 of the Wildlife and Countryside Act 1981 and two charges of failing to comply with the conditions of a firearms certificate.

Allen also admitted the following offences:

Using a biocidal product in contravention of the Health and Safety at Work Act 1974.

Possessing an unlawful substance under the Plant Protection Products Regulations 2012

Possessing a regulated substance without a licence under the Poisons Act 1972.

Allen was sentenced to 15 weeks in prison, suspended for 12 months. He was also ordered to pay fines and compensation totalling more than £2,900. 

The investigation was launched by Dorset Police’s Rural Crime Team following reports of suspected bird poisonings on a rural estate in East Dorset.

Following work with partner agencies including Natural England and the National Wildlife Crime Unit, a warrant was executed on Thursday 18 March 2021. During searches a number of dead birds of prey were located.

Officers also searched the address of Allen, a gamekeeper at the estate, and found a shotgun and ammunition, which were not covered by the defendant’s firearms certificate. Further enquiries uncovered a number of prohibited toxins at the premises.

Allen was interviewed by officers and – following detailed enquiries and liaison with experts from the Crown Prosecution Service – was charged with the various offences.

Chief Inspector David Parr, of Dorset Police, said: “We take all reports of wildlife crime and rural criminality very seriously. This case has seen us work with partners including Natural England and the National Wildlife Crime Unit to compile evidence before liaising with the Crown Prosecution Service Specialist Wildlife Prosecutor who agreed to the charges against the defendant.

“Wildlife crime remains a key objective of the recently expanded Dorset Police Rural Crime Team and we will continue to work with our partners to investigate criminal offences and deal with offenders robustly.”

Stephanie Bird-Halton, National Delivery Director for Natural England, said following the hearing: “Natural England is determined to tackle the scourge of persecution of our birds of prey. We assisted Dorset Police in this prosecution, gathering evidence and providing specialist technical advice. We are pleased Allen has been held to account for his offences against our wildlife. 

“Without landowners and land managers complying with the law and reporting illegal activity, the impact on our wildlife will continue.

“If members of the public spot birds of prey they suspect may have been poisoned, we would ask them to contact the police, but not to touch the bird.”

Angharad Thomas, the CPS Wessex Wildlife Lead, said: “We work closely with the police on all wildlife related cases to make sure there is sufficient evidence to meet our legal test for prosecution.

“In this case, the review of extensive and complex evidence made it clear that Allen’s offending posed a significant threat to human and animal life, as well as having a negative impact on the countryside.

“Anyone acting otherwise than in accordance with firearms licences or in contravention of laws intended to protect our wildlife and countryside will be prosecuted.”

ENDS

To a casual observer, this press statement is straightforward, detailed and complimentary about a number of partners involved in the investigation that led to a successful conviction. Hooray! Tea and medals all round! But for those of us who’ve taken more than a passing interest in this case, what this statement actually is is petty and vindictive.

Why do I think that? Well, look closely and you’ll see that one of the significant partners in this multi-agency investigation, the RSPB, has been erased completely from the narrative by Dorset Police.

The statement mentions other partners including the NWCU, Natural England and the CPS, but there’s no mention whatsoever of the RSPB or the specialist role it brought to the case, from initial liaison with the (now former) Dorset Police wildlife crime officer, Claire Dinsdale, to helping plan and then conduct the search under warrant of Allen’s premises, to providing expert guidance on what was found, organising the forensics testing on the exhibits, then having considerable input into the file preparation for submitting to the CPS and then considerable liaison with the CPS itself.

As you can see, the RSPB wasn’t just along for the ride, it made an important and weighty contribution to the case, so why has Dorset Police gone out of its way to exclude it? My guess would be that it’s because the RSPB has been extremely supportive of Claire Dinsdale as she continues to battle senior officers over the botched investigation into the poisoned white-tailed eagle (an on-going saga).

I was also amused to read in the press statement the quote from Chief Inspector David Parr of Dorset Police, who said: “We take all reports of wildlife crime and rural criminality very seriously….. Wildlife crime remains a key objective of the recently expanded Dorset Police Rural Crime Team and we will continue to work with our partners to investigate criminal offences and deal with offenders robustly.”

Yeah, right, as long as it doesn’t involve conducting a police search on a shooting estate to look for evidence about who might have poisoned a white-tailed eagle, especially if a gamekeeper on that estate just happens to already be under investigation for multiple wildlife, poisons and firearms offences, and especially if a local Conservative MP has been kicking off about ‘wasting police resources on investigating wildlife crime’. Yeah, apart from that, Dorset Police will ‘continue to work with our partners [apart from the RSPB] to investigate criminal offences and deal with offenders robustly‘.

Game-shooting industry’s response to sentencing of Dorset gamekeeper Paul Allen

Further to last week’s blog about criminal gamekeeper Paul Allen’s sentencing for committing multiple wildlife, poisons and firearms offences on the Shaftesbury Estate in Dorset (here), here is a round-up of responses from the organisations within the game-shooting industry who also serve on the Raptor Persecution Priority Delivery Group (RPPDG), whose main objective is to raise awareness amongst the organisations’ members about illegal raptor persecution and prevent these crimes from happening:

National Gamekeepers Association: The previous statement published by the National Gamekeepers Organisation (NGO), after Allen had pleaded guilty at a hearing in January, was so cryptic that the casual visitor to the NGO website wouldn’t have known it related to Allen and his crimes (see here).

So it’s pleasing to see that this time the NGO has published a statement acknowledging that criminal gamekeeper Paul Allen is an NGO member and that he has now been expelled. The following statement has prominent billing on the NGO’s website:

Expulsion from membership is good, and I applaud the NGO for publicising this action, although in reality it has no bearing whatsoever on Allen’s ability to continue working as a gamekeeper. Although often described by the shooting industry as a ‘profession’, gamekeeping isn’t regulated in the same way as I what I understand to be an actual ‘profession’.

For example, in many other (actual) professions, you’d be disbarred/struck off from practicing if convicted of an offence, especially an offence commissioned whilst undertaking your ‘professional’ duties. Not so for gamekeeping – you can be chucked out of one of the membership clubs but you can still ‘practice’/be employed as a gamekeeper even with a criminal conviction. We’ve seen this happen on many occasions, where a convicted gamekeeper has simply moved to another estate and carried on as though nothing has happened.

I note that the NGO’s statement on Allen has not been publicised on the NGO’s Twitter or Facebook accounts, only on its website.

British Association for Shooting & Conservation: BASC didn’t bother to publish any statement after Allen’s criminal conviction back in January, but it has done now he’s been sentenced, which is progress. The following statement has prominent billing on the BASC website:

As with the NGO’s statement, it’s good to see that BASC also hasn’t tried to be cryptic as its statement is clearly linked to Paul Allen’s crimes, conviction and sentencing.

Predictably, there’s a considerable amount of damage limitation included in the statement, talking about the so-called ‘minority who engage in this criminal behaviour‘ and maintaining that the shooting industry ‘works hard to support sustainable shooting‘ (er, the importation & release of 60+ million non-native gamebirds every year cannot possibly be described as ‘sustainable’!) but at least it’s published something in recognition of Allen’s crimes. Although, as with the NGO, I note that BASC’s statement on Allen has not been publicised on the BASC Twitter or Facebook accounts, only on its website.

COUNTRYSIDE ALLIANCE: Remains silent on Allen’s crimes, conviction and sentencing. No surprise.

COUNTRY LAND & BUSINESS ASSOCIATION (CLA): Remains silent on Allen’s crimes, conviction and sentencing.

I’ll blog shortly about responses to Allen’s sentencing from Dorset Police and Natural England.

RSPB’s response to sentencing of criminal Dorset gamekeeper, Paul Allen

Further to yesterday’s news that criminal gamekeeper Paul Allen had escaped a custodial sentence despite committing multiple wildlife, poisons and firearms offences whilst employed on the Shaftesbury Estate in Dorset (here), the RSPB has issued the following press release:

Gamekeeper fined as dead birds of prey and poisons found on Dorset estate

Gamekeeper Paul Allen (54, of Baileys Hill, Wimborne St Giles) appeared at Weymouth Magistrates’ Court today (16 February 2023) following a guilty plea last month relating to multiple raptor persecution offences.

He was sentenced to 15 weeks in prison, suspended for 12 months for the possession of the buzzards, a £674 fine for failing to comply with firearm regulations, £1,348 for the chemical storage and usage offences, and told to pay £884 compensation [Ed: to Wild Justice’s Raptor Forensics Fund] to cover the cost of the x-rays and post-mortems for the bird carcasses.

The bodies of six shot Buzzards and the remains of three more were discovered in Allen’s yard on the estate in 2021, after a poisoned Red Kite was reported to Dorset Police by a member of the public. The kite contained high levels of brodifacoum, the deadliest rat poison on the market, which also shockingly killed a White-tailed Eagle in the vicinity 10 months later.

The poisoned red kite that triggered a multi-agency search on the Shaftesbury Estate in March 2021, which uncovered gamekeeper Paul Allen’s widespread criminal activities. Photo: RSPB

The search of Allen’s land also uncovered stashes of deadly poisons, including the pesticide bendiocarb – which has been abused for deliberately killing of birds of prey for years – two bottles of the banned substance strychnine, two tins of the banned poison Cymag and the toxic rodenticide brodifacoum. There was also a loaded gun left propped behind a door in Allen’s home.

Allen pleaded guilty to the possession of the dead Buzzards and the poisons.

All birds of prey are protected under the Wildlife and Countryside Act 1981 and killing them is against the law, punishable by an unlimited fine and/or jail. In November, the RSPB published the Birdcrime report 2021, which revealed 108 confirmed incidents of raptor persecution in the UK. 71% of these occurred in relation to land managed for gamebird shooting.

A satelite-tagged White-tailed Eagle, poisoned with seven times the lethal dose of brodifacoum, was found dead 10 months later on the same estate, although it is unknown exactly where it picked up the poison. However, in a disappointing turn of events, the investigation was unexpectedly and prematurely shut down by Dorset Police before a full follow-up search could take place, despite police knowledge that the same substance had been found on the same estate during the investigation at court today.

Mark Thomas, UK Head of Investigations at the RSPB, said: “It is clear that the use of the lethal rat poison brodifacoum needs much tighter regulation and controls over use, as it is clearly being both misused and abused to kill birds of prey. At the very least this product should be restricted to indoor use only, as it was before the Government relaxed its use in 2016. We also suggest that only accredited pest controllers should be able to use it in specific circumstances. If not, then the unnecessary increase in bird of prey deaths, including White-tailed Eagles and Red Kites, will continue.”

ENDS

In addition to this press release, RSPB investigations officer Tom Grose has written an excellent blog about the investigation on Shaftesbury Estate into Allen’s criminal activities, and has also provided some information about the poisoned white-tailed eagle that was found on the same estate 10 months later, the investigation that was prematurely cancelled by Dorset Police, despite them knowing all about Allen’s crimes on the same estate. To read Tom’s blog click here.

The RSPB’s investigation team has also produced a short video about both cases, which can be watched via their Twitter account here: