Tag: buzzard

Leadhills Estate wants to keep details of its General Licence restriction appeal a secret

As many blog readers will know, the notorious Leadhills Estate, a grouse-shooting estate in South Lanarkshire that has been at the centre of police wildlife crime investigations at least 70 times since the early 2000s, is currently serving two General Licence restrictions imposed by NatureScot after ‘clear evidence’ of wildlife crime was provided to the statutory regulator by Police Scotland (see here and here).

For new blog readers, a General Licence restriction is a light-touch sanction for estates in Scotland where there is sufficient evidence of wildlife crime taking place but insufficient evidence to prosecute a specific individual. It’s not really a sanction at all though, because an estate can simply apply to NatureScot for ‘individual’ licences instead of a General Licence which allows them to continue the activities they were supposedly restricted from doing, just with a tiny bit of scrutiny attached (e.g. 1,000 birds were legally killed on a shooting estate despite being under a General Licence restriction, see here).

Nevertheless, a General Licence restriction is useful for campaigners for highlighting to the law makers that wildlife crime persists and further regulation/enforcement is therefore required.

So, back to Leadhills Estate. The reason why this grouse moor estate is currently serving an unprecedented double General Licence restriction is because of police reports relating to the illegal killing of a short-eared owl, two buzzards and three hen harriers that were ‘shot or caught in traps’ on Leadhills Estate in the last few years (see here), the discovery of banned poisons on the estate in May 2019 (see here), the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son in July 2020 (see here) and the discovery of yet another batch of banned poisons, also in July 2020 (here). A satellite-tagged hen harrier (Silver) also vanished in suspicious circumstances on the estate in May 2020 (here), and although NatureScot don’t consider missing satellite-tagged raptors as sufficient evidence for a General Licence restriction, the disappearance can be used as supportive evidence if further alleged offences are also being considered.

Incredibly, Leadhills Estate with its double General Licence restriction is STILL a member of the lobby group Scottish Land & Estates, which claims to have a ‘zero tolerance’ approach to raptor persecution. Hmm.

[Grouse moor on the Leadhills Estate. Photo by Ruth Tingay]

As you may recall, Leadhills Estate’s second General Licence restriction was announced by NatureScot in late September 2021 (here) and the estate was reported to be considering an appeal (here).

Having seen the estate’s previous (failed) appeal against its first General Licence restriction in 2019 (here), I was keen to see the arguments it would make for an appeal against a second restriction.

On 30th September 2021 I submitted an FoI to NatureScot to request copies of Leadhills Estate’s appeal.

On 3 November 2021 NatureScot responded as follows:

‘We have withheld a letter from an agent acting on behalf of Leadhills Estate, pending an appeal against NatureScot’s decision to restrict General Licence. This information is of a sensitive nature and disclosure into the public domain could prejudice the applicant’s right to a fair hearing’.

I didn’t see how public disclosure could possibly prejudice a hearing given that it’s all done in-house at NatureScot but fine, I could wait.

In December 2021 it was announced that Leadhills Estate had lost its appeal against the second General Licence restriction (here) so I wrote back to NatureScot on 3rd December as follows:

‘You told me in the letter dated 3 November 2021 that you were withholding a letter from an agent who was acting on behalf of Leadhills Estate, and the reason you gave for withholding it was that releasing it may prejudice the applicant’s right to a fair appeal. As the appeal process has now concluded and therefore the applicant’s right to a fair hearing cannot be affected, please can you send me the agent’s letter that was previously withheld‘.

Yesterday (5th January 2022) NatureScot responded to my latest FoI request, as follows:

‘We have completed our information searches, and we have identified eight documents comprising 126 pages relevant to your request. We shared a redacted version of these documents with the solicitors acting on behalf of Leadhills Estate, who have provided additional legal arguments as to why certain information should be withheld. We will need additional time to assess these arguments and, potentially, take further legal advice.

Regulation 7 of the EIRs allows public authorities to extend the time for compliance with requests for up to an additional 20 working days. This means we must respond to your information request by 3 February 2022 at the latest‘.

That’s interesting. Why might Leadhills Estate not want the details of its appeal to be made public? And what legal arguments might it use to block the transparency of the decision-making process of a statutory agency?

I guess we’ll find out on 3rd February.

UPDATE 23rd February 2022: NatureScot refuses to publish details of Leadhills Estate’s general licence restriction appeal (here)

Trial due to start for gamekeeper accused of killing buzzards

The trial of a gamekeeper accused of killing buzzards is due to begin this week almost a year to the day of the alleged offences.

On 12th January 2021 Nottinghamshire Police, working in partnership with the RSPB Investigations Team, attended a location in the Kneeton area following reports of concern (see here). A gamekeeper was later arrested and charged with the alleged killing of buzzards (here).

[Police attending the scene of a crow cage trap in January 2021. Photo via Nottingham Police]

The gamekeeper appeared in court in August and entered a plea of not guilty (see here) so a trial date was set for January 2022.

The trial is due to begin on Thurs 6th January 2022.

This is the 4th gamekeeper to be brought before the courts since November 2021 – the three others were all convicted of various offences including gamekeeper Shane Leech (33) in Suffolk (here), gamekeeper Peter Givens (53) in the Scottish Borders (here) and gamekeeper Hilton Prest (58) in Cheshire (here).

Please note, as this is a live case no further detail will be provided here until the case has concluded or there is official commentary from the court reporter. Comments on this particular blog also won’t be accepted until the case concludes so as not to prejudice proceedings. Thanks for your understanding.

Multi-agency raid following suspected raptor persecution in Humberside

Humberside Police led a multi-agency raid on 10th December 2021, executing a warrant in relation to suspected raptor persecution crimes after a number of dead buzzards were found with unusually high levels of rat poison.

The police were joined by staff from Natural England, National Wildlife Crime Unit and RSPB Investigation’s team.

The investigation is ongoing.

Photos from Humberside Police Rural Crime Team:

This is one of many multi-agency searches in the UK this year, all in response to raptor persecution crimes. On 18th January 2021 there was a raid in Suffolk (here), on 15th March there was a raid in Lincolnshire (see here), on 18th March a raid in Dorset (here), on 26th March a raid in Devon (see here), on 21st April a raid in Teesdale (here), on 2nd August a raid in Shropshire (here), on 12th August a raid in Herefordshire (here), on 14th September a raid in Norfolk (here), and a raid in Wales in October (here).

That’s a lot of raids in a relatively short space of time, in comparison to recent years. It’s testament to the agencies involved that they are being so proactive and working well together in a genuine multi-agency partnership, which is brilliant to see. It’s also testament to the fact that raptor persecution continues in many locations across the UK, despite what the game-shooting organisations would have us believe.

Whether these investigations result in prosecutions is another matter entirely (although we’ve already seen two successful convictions in recent weeks – here and here), but personally I’m delighted that at least this early part of the criminal justice process appears to have been re-energised after a long period of stagnation. Well done to all those involved.

Trial delayed again for Angus Glens gamekeeper charged with animal fighting & cruelty offences

Further to the the blog post on Friday (here), where a gamekeeper from Millden Estate in the Angus Glens was due in court to face charges of alleged animal fighting and animal suffering, the case has been continued yet again, apparently at the behest of the gamekeeper’s QC.

This case has been dragging on for over two years and is related to the execution of a search warrant at premises on Millden Estate in October 2019, when Police Scotland and the Scottish SPCA seized dogs as well as a number of dead birds of prey.

The new trial date has been set as 11th April 2022.

Unfortunately as this is a live case I am unable to publish further details and can’t accept comments until proceedings have concluded. Thanks for your patience.

Previous blogs on this case can be read here, here, here, here, here, here.

Angus Glens gamekeeper in court today on animal fighting charges

A gamekeeper from the Angus Glens is due back in court today to face charges relating to alleged animal fighting and animal suffering.

These charges stem from a joint Scottish SPCA / Police Scotland search warrant which was executed on Millden Estate in October 2019 where a number of dogs were seized.

[A headline in The Times back in October 2019]

This case has dragged on and on and on (see here, here, here, here, here).

Hopefully today there’ll be some progress.

As this is a live case I won’t be accepting comments here until proceedings have concluded. Thanks for your patience.

UPDATE 6th December 2021: Trial delayed again for Angus Glens gamekeeper charged with animal fighting & cruelty offences (here)

Gamekeeper convicted for pesticide and firearms offences but buzzard-poisoning charge is dropped

Last week I blogged about how a Suffolk gamekeeper was due at Ipswich Magistrates Court to face a charge of poisoning a buzzard, having already pleaded guilty to several pesticide storage and firearms offences (see here).

This case stemmed from a multi-agency raid last January (here) after the discovery of an illegally poisoned buzzard in September 2020 which had been found close to pheasant-rearing pens near Lakenheath.

[The illegally-poisoned buzzard found close to the pheasant-rearing pens. Photos by RSPB]

The case was heard yesterday and it appears that the buzzard-poisoning charge was dropped, probably due to insufficient evidence, because despite the gamekeeper having this particular poison (Bendiocarb) in his possession, the prosecution would need to demonstrate that he was the person who laid the poisoned bait that subsequently killed this buzzard. The fact that the poisoned buzzard was found in close proximity to his workplace, and that he had the same poison in his possession, is simply not enough.

We can all draw our own conclusions of course, based on the balance of probability, but in English law the balance of probability is insufficient to convict for this particular offence. That’s not the fault of the police, the RSPB, the Crown Prosecution Service or the magistrate.

In this case, the gamekeeper, Shane Leech, 33, of Maids Cross Hill, Lakenheath, Suffolk, was convicted of six charges relating to pesticide and firearms offences and was given a Community Order of 80 hours unpaid work, ordered to pay £105 costs and a £95 Victim Surcharge.

I’ll leave it to you to decide whether the punishment fits the crime(s) and whether it offers any semblance of a deterrent to anyone who might be considering committing similar offences.

The RSPB has published two blogs about this case. The first one provides an overview of the case and offers praise to the work of Suffolk Police and the Crown Prosecution Service (see here).

The second blog is a more detailed discussion about the difficulties of bringing a successful prosecution for the illegal poisoning of birds of prey (see here). It also includes this shocking image of a pile of dead pheasants apparently being prepared for human consumption in the same room where the poison was being stored illegally!

New trial date for Millden Estate gamekeeper accused of animal fighting offences

A new trial date has been set for a gamekeeper from the Angus Glens who is accused of multiple offences relating to alleged animal fighting and animal suffering.

Property on the Millden Estate was searched under warrant in October 2019 in a joint SSPCA and Police Scotland investigation (see here), as well as a simultaneous search at another property in Aberdeenshire (more on that fascinating case once the Millden case has finished).

A number of dogs were seized during the raid and a Millden Estate spokesperson later stated the gamekeeper had been suspended pending further investigation (see here and here).

The gamekeeper was charged with animal cruelty offences and was due in court in December last year but the case was continued to May 2021 with a trial date set for June 2021 (see here).

[Headline from The Times in October 2019]

The trial date in June 2021 came and went (see here) and was further delayed. The new trial date is 3rd December 2021.

A number of dead buzzards were also reportedly found during the raid at Millden and I am currently waiting for Police Scotland to provide an update on that investigation. (The SSPCA is dealing with the alleged animal fighting offences, Police Scotland is dealing with the dead raptors).

As there are still live court proceedings, blog comments are restricted until the case has concluded. Thanks.

Gamekeeper due in court next week accused of poisoning a buzzard

A gamekeeper is due in court on Monday 8th November accused of poisoning a buzzard.

He has already pleaded guilty to a number of firearms offences and a number of pesticide storage offences.

At an earlier hearing in August, the gamekeeper pleaded not guilty to poisoning the buzzard so the case was sent for trial.

This case stems from a multi-agency raid, led by Suffolk Police, at a property last January (see here).

[Police officers seized a number of firearms during the raid. Photo via Suffolk Police]

Please note, as this is a live case no further detail will be provided here until the case has concluded or there is official commentary from the court. Comments on this particular blog also won’t be accepted until the case concludes so as not to prejudice proceedings. Thanks for your understanding.

UPDATE 9th November 2021: Gamekeeper convicted for pesticide and firearms offences but buzzard-poisoning charge is dropped (here)

Yorkshire Dales National Park Authority reacts to 2020 being ‘worst year on record’ for raptor persecution crimes

Last week the RSPB published its latest annual Birdcrime report which showed that 2020 was the ‘worst year on record’ for confirmed crimes against birds of prey in the UK (see here).

For the seventh year in a row, North Yorkshire had more confirmed raptor persecution crimes than any other county in the UK. Twenty-six of the 137 confirmed UK incidents occurred in North Yorkshire. Of these two thirds were directly related to grouse shooting and a further four incidents to other types of shooting. Victims in the county included 16 buzzards, two peregrine falcons, two red kites and one goshawk.

[Grouse moor landscape in the Yorkshire Dales National Park. Photo by Ruth Tingay]

In response to the damning Birdcrime report, the Yorkshire Dales National Park Authority has issued this pretty unequivocal statement:

YORKSHIRE DALES NATIONAL PARK AUTHORITY REACTION TO LATEST RSPB BIRDCRIME REPORT

Commenting on the RSPB Birdcrime Report 2020, Yorkshire Dales National Park Authority Chief Executive David Butterworth said:

“This report makes grim reading for all landscape authorities, landowners, managers and other partners who are working hard to call out and tackle illegal raptor persecution, and it’s embarrassing and humiliating to see North Yorkshire yet again topping the league table with the highest number of confirmed incidents.

“As we’ve said before, the continuing issue of bird of prey persecution in North Yorkshire demands maximum exposure, as do the activities of those who take part in this criminality. People need to know what is happening here and the devastating impact this is having on our protected species. This report lays that bare.

”The Yorkshire Dales National Park Authority condemns raptor persecution in the strongest possible terms and, as highlighted in this report, we will continue to work closely with partners and others to stamp out this crime once and for all.

“I would appeal to anyone, local or visitor, who witnesses any suspicious activity while they’re out and about in the countryside, or anyone who is made aware of it through their networks, to contact the Police”.

The Yorkshire Dales National Park Management Plan objective C5 on illegal persecution of raptors can be viewed here.

For concerns about a possible wildlife crime, you should call 101. If you witness a suspected wildlife crime in action, call 999 immediately and ask for the Police. Finally, you can speak in confidence about raptor persecution directly with the RSPB on 0300 9990101

ENDS

Three buzzards ‘killed illegally’ says South Yorkshire Police

South Yorkshire Police tweeted this yesterday:

The Off Road Bike Team located 2 gralloched Deer & 3 dead Buzzards on Doncaster patch today. Having spoken to landowners the deer have been poached, & buzzards killed illegally. The team will be extending our patrols into the night‘.

There aren’t any further details.