Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 6

Criminal proceedings continued on 3rd June against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Dick was sentenced in September 2015 and was given a £2000 fine (see here), although he is appealing his conviction.

Here’s a quick review of the proceedings against Andrew Duncan so far:

Hearing #1 (18th August 2015): Trial date set for 23rd Nov 2015, with an intermediate diet scheduled for 20th Oct 2015.

Hearing #2 (20th October 2015): Case adjourned. Nov trial date dumped. Notional diet hearing (where a trial date may be set) scheduled for 18th January 2016.

Hearing #3 (18th January 2016): Case adjourned. Another notional diet & debate scheduled for 11th March 2016.

Hearing #4 (11th March 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 4th April 2016.

Hearing #5 (4th April 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 3rd June 2016.

Hearing #6 (3rd June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 17th June 2016.

For those interested in gamekeeper Billy Dick’s appeal, we blogged about it here.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to force four and a half years ago on 1st January 2012. To date there have been two successful convictions: one in December 2014 (see here) and one in December 2015 (see here).  One further case did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).

The ‘secrets of the Angus Glens’ that Countryfile forgot to mention

On Sunday evening, Countryfile included a piece about the grouse moors of Invermark Estate in the Angus Glens and how it was “a haven for wildlife”.

It can be viewed on iPlayer here for the next 28 days (starts at 22 mins in).

Inane, vacuous and unquestioning, this piece was heralded in previews as ‘uncovering the secrets of the glen’.

Invermark is only one of several grouse moor estates in the Angus Glens. Here are some secrets of the wider Angus Glens that weren’t mentioned on Countryfile:

2004 May, near Edzell: long-eared owl and two short-eared owls starved to death in crow cage trap.  No prosecution.

2004 May, Invermark Estate: peregrine nest destroyed. No prosecution.

2006 March, Glenogil Estate: poisoned rabbit bait (Carbofuran). No prosecution.

2006 April, Easter Ogil: poisoned buzzard (Alphachloralose). No prosecution.

2006 April, Easter Ogil: poisoned tawny owl (Alphachloralose). No prosecution.

2006 May, Glenogil Estate: poisoned rabbit bait (Carbofuran). No prosecution.

2006 June, Glenogil Estate: poisoned woodpigeon bait (Carbofuran). No prosecution.

2006 June, Glenogil Estate: Traces of Carbofuran found in estate vehicles & on equipment during police search. No prosecution. Estate owner had £107k withdrawn from his farm subsidy payments. This was being appealed, but it is not known how this was resolved.

2006 July, Millden Estate; poisoned sheepdog (Lindane). No prosecution.

2007 November, Glenogil Estate: Disappearance of radio-tagged white-tailed eagle ‘Bird N’ coincides with tip off to police that bird allegedly been shot. No further transmissions or sightings of the bird.

2008 May, ‘Nr Noranside’: poisoned white-tailed eagle ‘White G’ (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 May, ‘Nr Noranside’: poisoned buzzard (Bendiocarb). No prosecution.

2008 May, ‘Nr Noranside’: poisoned mountain hare bait (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 May, Glenogil Estate: 32 x poisoned meat baits on fenceposts (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 October, ‘Glenogil Estate: poisoned meat bait on fencepost (Carbofuran). No prosecution.

2009 March, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2009 March, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2009 April, Millden Estate: poisoned buzzard (Alphachloralose). No prosecution.

2009 July, Millden Estate: poisoned golden eagle ‘Alma’ (Carbofuran). No prosecution.

2009 August, Glenogil Estate: poisoned white-tailed eagle “89” (Carbofuran). No prosecution.

2010 May, ‘Nr Noranside’: poisoned red kite (Carbofuran). No prosecution.

2010 September, Glenogil Estate: poisoned buzzard (Chloralose). No prosecution.

2010 October, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2010 October, Glenogil Estate: poisoned pigeon bait (Carbofuran). No prosecution.

2010 October, Glenogil Estate: poisoned pigeon bait (Carbofuran). No prosecution.

2011 February, Airlie Estate: buzzard caught in illegal crow trap. (see below)

2011 March, Airlie Estate: 3 x buzzard caught in illegal crow trap. Prosecution (!) but dropped after statement from suspect given to SSPCA deemed inadmissible.

2011 April, Millden Estate: shot buzzard. No prosecution.

2012 April, ‘Nr Noranside’: Remains of buzzard found beside pheasant pen. Suspicious death.

2011 June, Rottal & Tarabuckle Estate: dead kestrel inside crow cage trap. No prosecution.

2012 February, ‘Nr Edzell’: spring-trapped buzzard. No prosecution.

2012 February, ‘Nr Bridgend’: remains of buzzard found under a rock. Suspicious death.

2012 May, Millden Estate: satellite-tagged golden eagle seemingly caught in spring trap, then apparently uplifted overnight and dumped on Deeside with two broken legs & left to die. No prosecution.

2012 May, Glen Esk: disappearance of sat-tagged red kite. No further transmissions or sightings of bird.

2013 January, Invermark Estate: white-tailed eagle nest tree felled. No prosecution.

2013 June, Glen Ogil: shot buzzard. No prosecution.

2013 July, Glen Moy: illegal hawk trap. No prosecution.

2013 September, nr Edzell: unset spring trap next to bait. No prosecution.

2013 November, Glen Lethnot: poisoned golden eagle ‘Fearnan’. No prosecution.

2014 August & September, Glenogil Estate: alleged snare offences. Prosecution of gamekeeper underway (currently ongoing).

2014 October, Nathro: shot buzzard. Prosecution? Unknown.

And some more secrets of the Angus Glens that weren’t mentioned:

No breeding hen harriers on the grouse moors of the Angus Glens since 2006 (see here).

Mountain hare massacre on the grouse moors of the Angus Glens (see here).

Angus Glens gamekeeper facing trial for alleged pole-trapping offences (see here).

Mark Avery has written an alternative and more accurate Countryfile script (see here) than the one that was aired on Sunday evening.

Plenty of people on social media have been asking when Countryfile will do a piece on illegal raptor persecution. To be fair, they did one in 2014 (we blogged about it here) and it was fairly well balanced, but this then begs the question why Countryfile researchers hadn’t done their homework for this latest episode.

Had they done so, here are some of the images they would have found from those ‘wildlife haven’ grouse moors of the Angus Glens. From the top down, an illegally poisoned golden eagle, another illegally poisoned golden eagle, an illegally poisoned white-tailed eagle, an illegally trapped golden eagle that was then dumped in a layby with two broken legs and left to die, the nest tree of a white-tailed eagle that was illegally chainsawed to the ground, and a pile of rotting shot mountain hares. The grouse moors of the Angus Glens a wildlife haven? Hardly. They’re notorious wildlife crime scenes.

Petition to ban driven grouse shooting here

Fearnan

alma

whiteg

deeside eagle

wtenesttree

mountain-hare-cull-angus-glens-large-copy

More raptor persecution at Moy

Moy chicksPolice Scotland has issued an appeal for information following the discovery of disturbed and abandoned buzzard and goshawk nests in the Moy Forest near Tomatin in the Scottish Highlands.

During May this year, one goshawk and four buzzard nests have been abandoned in suspicious circumstances, with some evidence of illegal disturbance. These nests were being monitored by staff from Forestry Enterprise Scotland.

Further details and an appeal for information here

This area is no stranger to illegal raptor persecution. In 2010, a 20-year old gamekeeper employed by Moy Estate was convicted for possession of a dead red kite that was found in the back of his vehicle. It had two broken legs and it’s head had been smashed in.

During the police raid on the grouse moors of Moy Estate, the following was also found:

  • The remains of a further two dead red kites.
  • A red kite’s severed leg, along with wing tags that had been fitted to a sateliite-tracked red kite, hidden in holes covered with moss.
  • Six baited spring traps illegally set in the open.
  • A trapped hen harrier (still alive) caught in an illegally set spring trap.
  • A poisoned bait.
  • Four leg rings previously fitted to golden eagle chicks found in the possession of a gamekeeper.

No charges were brought against anybody for these additional crimes.

Our previous blogs on Moy can be read here.

Moy is also home of the annual Highland Game Fair, regularly attended by certain MSPs, Scottish Land & Estates and the Scottish Gamekeepers’ Association to ‘celebrate’ the activities of the game-shooting industry.

The petition to ban driven grouse shooting can be found here

Decision pending in Scottish gamekeeper’s conviction appeal

Last month we blogged about how a Scottish gamekeeper, William (Billy) Dick, was appealing against his conviction for killing a buzzard (see here).

A quick recap:

In August 2015, gamekeeper William (Billy) Dick, now 26, was found guilty of killing a buzzard on the Newlands Estate, Dumfriesshire, in April 2014. Two witnesses had observed him striking the buzzard with rocks and then repeatedly stamping on it (see here). In September 2015 he was sentenced: £1,500 fine for killing the buzzard and £500 for possession of the dead buzzard (see here).

Dick had maintained his innocence throughout the trial and had claimed he was elsewhere when the offence took place (see here).

His appeal was due to be heard in April but was then delayed. His appeal was heard at the High Court on 13th May 2016:

Billy Dick high court appeal May 2016 - Copy

The three presiding judges have reserved judgement. This means they’ll consider the appeal and produce a written judgement in due course.

How long before we can expect to hear their decision? We have no idea. Apparently there’s no time limit and much will depend on the quantity and complexity of the evidence heard, and how busy the three judges are! See here for an enlightening blog about waiting for a reserved judgement.

The decision will impact on the current prosecution against Newlands Estate landowner Andrew Duncan, charged with being vicariously liable for gamekeeper Dick’s crimes. The case against Andrew Duncan has encountered frequent delays while Dick’s appeal was underway. The next court hearing in the vicarious liability case is scheduled for 3rd June 2016 (see here). We can expect further delays if the judgement on Dick’s appeal has not been delivered by then.

Shot buzzard successfully rehabilitated and released

Last month we blogged about a buzzard that had been found with shotgun injuries in North Frodingham, East Yorkshire (see here). Vet Mark Naguib pinned the buzzard’s wing and the bird spent four weeks in the expert care of wildlife rehabilitation specialist Jean Thorpe.

Buzzard shot Driffield April 2016 Jean Thorpe

Two days ago, Jean was able to release the buzzard back to the wild:

Chxf07BWUAA02lP

Just a few weeks earlier, we blogged about Jean’s work to successfully rehabilitate and release a shot red kite (see here).

Thanks, again, Jean Thorpe, for the incredible work you do.

If anyone wants to support Jean’s efforts, please consider making a donation here.

More raptor poisonings in Co Antrim, Northern Ireland

Peregrine GlenwherryLast month we blogged about a dead peregrine that had been found at a well known persecution hotspot on 11th April 2016 (see here). Laboratory tests have now confirmed this peregrine was poisoned with the banned pesticide Carbofuran.

A further two poisoned raptors have now been reported in Co Antrim: a buzzard found in woodland in Glenarm on 15th March 2016 (lab results confirm Carbofuran poisoning) and a second buzzard, also found near Glenarm on 29th March 2016 (lab tests confirm Alphachloralose poisoning).

Media coverage here, here, here.

Well done to PSNI Wildlife Liaison Officer Emma Meredith, who pressed for a quick turnaround on these lab results. This is a major step forward in the fight against raptor persecution in Northern Ireland, where previous lab results and subsequent police appeals have taken far, far too long (e.g. see here).

A further step forward in tackling raptor persecution in NI was announced in March (here) with the launch of a multi-agency initiative, Operation Raptor. With the news of these latest three poisoning victims, they’ve got their work cut out.

Scottish gamekeeper appeals conviction for killing buzzard

A Scottish gamekeeper is appealing his conviction for killing a buzzard.

In August 2015, gamekeeper William (Billy) Dick, now 26, was found guilty of killing a buzzard on the Newlands Estate, Dumfriesshire, in April 2014. Two witnesses had observed him striking the buzzard with rocks and then repeatedly stamping on it (see here). In September 2015 he was sentenced: £1,500 fine for killing the buzzard and £500 for possession of the dead buzzard (see here).

Dick had maintained his innocence throughout the trial and had claimed he was elsewhere when the offence took place (see here).

His appeal was due to be heard this week but has now been delayed until 13th May 2016:

Dick appeal April 2016 postponed - Copy

The outcome of this appeal will be interesting on several levels, not just whether the evidence accepted in the original trial was good enough. The case is tied in with the prosecution of Newlands Estate landowner Andrew Duncan, who is charged with being vicariously liable for the criminal actions of gamekeeper Dick. Andrew Duncan’s case has been repeatedly adjourned while Dick’s appeal is heard (see here).

If Dick’s appeal is upheld, we might expect the allegations against Andrew Duncan to be dropped. If the case against the landowner is dropped, we might expect landowners’ lobby group Scottish Land & Estates (SLE) to reinstate the membership of Newlands Estate, and also reinstate the Newlands Estate accreditation to SLE’s Wildlife Estates Scotland initiative, which, you’ll recall, has been “voluntarily suspended” pending legal proceedings (see here).

Interesting times ahead.

Buzzard shot in East Yorkshire

A buzzard with shot gun injuries has been found on farmland at North Frodingham, Driffield, in East Yorkshire.

It has undergone surgery to have its wing pinned and is now being cared for by Jean Thorpe of Ryedale Wildlife Rehabilitation. If you’d like to help support Jean’s never-ending voluntary efforts, please consider a donation here.

Anyone with news about the buzzard shooting please contact Humberside Police on 101.

Buzzard shot Driffield April 2016 Jean Thorpe

Buzzard shot Driffield April 2016 Jean Thorpe 2

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 5

Criminal proceedings continued yesterday  against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Dick was sentenced in September 2015 and was given a £2000 fine (see here), although he is appealing his conviction.

Here’s a quick review of the proceedings against Andrew Duncan so far:

Hearing #1 (18th August 2015): Trial date set for 23rd Nov 2015, with an intermediate diet scheduled for 20th Oct 2015.

Hearing #2 (20th October 2015): Case adjourned. Nov trial date dumped. Notional diet hearing (where a trial date may be set) scheduled for 18th January 2016.

Hearing #3 (18th January 2016): Case adjourned. Another notional diet & debate scheduled for 11th March 2016.

Hearing #4 (11th March 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 4th April 2016.

Hearing #5 (4th April 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 3rd June 2016.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to force four years ago on 1st January 2012. To date there have been two successful convictions: one in December 2014 (see here) and one in December 2015 (see here).  One further case did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).

More raptor persecution in North Yorkshire

Over the last few years North Yorkshire has emerged as one of the worst raptor persecution hot spots in the UK (see here). It’s a county where much of the landscape is dominated by grouse moors, particularly in the two National Parks: the North York Moors NP and the Yorkshire Dales NP, as well as a large number of pheasant and partridge shoots.

It’s only March and already this year there’s been an illegally shot red kite and a suspected illegally spring-trapped buzzard.

The critically-injured buzzard was found in February at Wykeham, North Yorkshire. It had a broken, crushed ankle and a broken thigh bone; injuries consistent with being caught in a spring trap, says local Police Wildlife Crime Officer Graham Bilton. Local expert raptor and wildlife rehabilitator Jean Thorpe was once again called to the scene to assist but the buzzard’s injuries were considered too serious and it was euthanised by a vet. Article in Yorkshire Post here. Anyone with information please call Police WCO Graham Bilton on 101.

Photographs of the buzzard by Jean Thorpe:

buzzard spring trapped Jean Thorpe Feb 2016

buzzard spring trapped Jean Thorpe Feb 2016 b

Yesterday, Jean posted the following photographs showing an injured red kite that had been found at Low Marishes, Malton. An x-ray revealed it had been shot. This kite is currently being cared for but whether it survives remains to be seen. Anyone with information please call Police WCO Jez Walmsley on 101.

Red kite shot March 2016 Jean Thorpe

Red kite shot March 2016 Jean Thorpe 2

Jean Thorpe (pictured above with the shot red kite) runs Ryedale Wildlife Rehabilitation. She works closely with the RSPB and local Police Wildlife Crime Officers and has her work cut out, living where she does. In 2014 she was awarded an MBE for her tireless voluntary work. If you’d like to make a donation towards her efforts, please click here.

The e-petition to ban driven grouse shooting can be found HERE.