Tag: buzzard

Ross-shire Massacre: 18 months on

It’s been 18 months since the corpses of 22 birds of prey (16 red kites and 6 buzzards) were found in a small area around Conon Bridge in the Highlands.

We know that 16 of these birds were illegally poisoned (12 red kites & 4 buzzards). Still no word on the other six victims.

Still no word on the type of poison used, although Police Scotland did eventually admit that it was an “illegally-held poisonous substance” (see here). Carbofuran is suspected by many of us (see here).

The details of this illegal mass poisoning have still been deliberately excluded from the quarterly SASA reports – the Government reports that are supposed to inform us about recent illegal poisoning crimes in Scotland.

Police Scotland still maintains that the birds “were most likely not targeted deliberately but instead were the victims of pest control measures” (see here) – even though they can’t possibly know this unless they have a suspect who has given a full confession.

We’re still waiting to hear whether MSP Dave Thompson’s request, back in November 2014, for a review of Police Scotland’s handling of this investigation will be undertaken (see here).

We’re still waiting to hear when the thousands of pounds worth of reward funds, that many of us donated, will be released by Police Scotland so that RSPB Scotland can redistribute them to support the work of their investigations team (see here).

Two months ago in July 2015 MSP Bill Kidd called on Police Scotland to tell the public more about the investigation (see here). We’re still waiting.

18 months on and still no arrests.

18 months on and still no charges.

18 months on and still no prosecution.

18 months on and still no conviction.

18 months on and still no justice.

18 months on and still no confidence in Police Scotland’s ability to solve this appalling crime.

Previous posts on the Ross-shire Massacre here.

Red kite dies after persecution incident ‘near Tomatin’

Reports have emerged this afternoon that a red kite has died after it was found injured ‘near Tomatin’ on 30 August 2015.

According to a BBC news article (here), ‘Police said its injuries did not appear to have been as a result of natural causes’.

According to an article in the P&J (here), ‘Early examinations of the bird have found its death is not due to natural causes’.

In other words, this kite has been illegally killed but apparently Police Scotland is ‘unable to disclose the nature of the bird’s injuries’ (according to the P&J). So the cause of death has not been revealed, and neither has the location where the injured kite was picked up, other than ‘near Tomatin’. Tomatin is in the heart of driven grouse moor country – just put it in to google maps and look at the amount of muirburn strips that surround the village – this region also has a long track record of raptor persecution on a par with other grouse moor regions such as the Angus Glens.

So, another example of an embarrassingly vague Police Scotland statement in relation to the illegal killing of yet another raptor. It’s the latest in a series of similar cryptic police statements relating to the illegal persecution of raptors:

In September 2010 the police issued a vague appeal for information following the discovery of an osprey in the Highlands that died from what they described as “deliberately inflicted injuries“. It was later reported that the bird had been shot (see here).

In June 2013 a similarly cryptic press release followed the discovery of a dead red kite in Aberdeenshire: “After recovery of the carcass, a post mortem was carried out. This revealed that the bird’s death was not by natural causes“. It was later reported the kite had been shot (see here).

In January 2014, we got more of the same after the discovery of a dead buzzard ‘near the village of Tomatin’. Ooh, that sounds familiar, doesn’t it? The press statement said: “Police said an examination of the buzzard suggested it had not died of natural causes” (see here). We still don’t know how it was killed.

In June 2014 there was another one, this time a hen harrier found dead near it’s nest in Muirkirk. The police said: “Whilst at this time we cannot divulge how the bird was killed, we do believe it was the result of a criminal act and we need to establish why this has happened” (see here and here). Guess, what? Turns out it had been shot (see here).

Police Scotland will claim that withholding information about the cause of the death is part of their investigative strategy, because it is ‘specialist knowledge’ that only the perpetrator and any potential witness will know. That’s a legitimate strategy, of course, but given the low likelihood of actually catching anyone for this type of offence it seems like a fairly pointless exercise. It will, though, allow the game shooting lobby to deny all knowledge and refute any suggestion that the bird was killed by anyone associated with that industry.

Marvellous.

So what do you reckon? Is the illegal killing of this red kite going to be the crime that finally jolts the Scottish Government in to taking the oft-promised ‘further action if necessary’? Probably not. We’re still waiting to hear the Minister’s response to a question we posed three weeks ago following the discovery of a shot buzzard in the Borders. We asked her how she defined ‘if necessary’? (see here). Her response should make for an interesting read.

Whatever she says, she really does need to start delivering something tangible, and fast.

Red kite photo by David Tomlinson

Kildrummy Estate: vicarious liability prosecution?

On 11th December 2014, Scottish gamekeeper (and SGA member) George Mutch was convicted of four wildlife crime offences that he’d committed on the Kildrummy Estate, Aberdeenshire in 2012 (see here).

On 12th January 2015, Mutch was given a four month custodial sentence for his crimes; the first gamekeeper to be jailed in the UK for killing raptors (see here).

Both his conviction and sentence were widely welcomed across the conservation community, not least because video evidence had been deemed admissible in this case and because the agencies involved in the investigation and prosecution had worked exceptionally hard to achieve these results.

Hopes were high that a subsequent vicarious liability prosecution would follow, especially when a journalist friend told us that Fiscal Tom Dysart had made a point of asking Mutch in court whether he’d received any training for the use of his traps, to which Mutch had replied, “No”. That response would indicate that a defence of ‘due diligence‘ wouldn’t stand up to scrutiny for anyone charged with being vicariously liable for Mutch’s crimes. All good so far, although Andy Wightman cast doubt over the feasibility of charging someone from Kildrummy Estate given the difficulty of establishing ownership there (read his blog here).

So seven months on, what’s happening now?

Well, it all gets a bit interesting around about now.  As we understand it, for offences committed under the Wildlife & Countryside Act, criminal proceedings MUST begin within three years from the date of the commission of the offence (two years in England & Wales). After three years, the case becomes ‘time-barred’ and it is no longer possible to prosecute.

Mutch was convicted of four offences, and the dates those offences were commissioned are as follows (info from COPFS press release, January 2015) –

  1. On 14 August 2012 & 15 August 2012, Mutch did intentionally or recklessly kill or take a wild bird, namely a goshawk.
  2. On 23 August 2012 and 24 August 2012, Mutch did intentionally or recklessly take a wild bird, namely a buzzard.
  3. On 28 August 2012, Mutch did intentionally or recklessly kill, injure or take a wild bird, namely a goshawk.
  4. Between 6 August 2012 – 13 September 2012, Mutch did use a trap to catch two goshawks and a buzzard.

Pay close attention to those dates. The first three offences are now time-barred (unless someone has already been charged) because it is over three years since they took place. The final offence is not quite time-barred, but will be by this Sunday (13 Sept 2015).

So, two big questions:

  1.  Has somebody from Kildrummy Estate been charged for a vicarious liability prosecution for the first three offences, and if not, why not?
  2. Is the Crown Office intending to charge someone (before Sunday) from Kildrummy Estate for a vicarious liability prosecution for the fourth offence, and if not, why not?

This case is of huge public interest and we don’t think it unreasonable to be asking questions, especially when successive Environment Ministers keep telling us that the effectiveness of Government policy against the raptor killers will be measured by the success of approaches such as vicarious liability.

If, like us, you’re curious about what’s happening with this case, you can email the Crown Office and ask them. The usual response when we ask about criminal cases is ‘As this case is on-going it would be inappropriate to comment’. It’s a handy ‘get out’ option when the authorities want to keep the public in the dark. The Crown Office could legitimately respond like this in this case, if they’ve already charged somebody. However, if they haven’t charged anybody, then the case is now time-barred and therefore cannot be said to be ‘on-going’.

Let’s see how transparent and accountable they wish to be. Emails to Helen Nisbet, Head of Wildlife & Environmental Crime Unit, Crown Office & Procurators Fiscal Office: Helen.Nisbet@copfs.gsi.gov.uk

Newlands Estate, where buzzard bludgeoned & stamped to death, is member of SLE & WES

2nd June 2015 CopyWell, well, well.

Following the sentencing today of Newlands Estate gamekeeper William (Billy) Dick for bludgeoning a buzzard with rocks and then repeatedly stamping on it (see here), we wondered whether the Newlands Estate was a member of Scottish Land & Estates (SLE).

Actually, we wondered this back in early August when Dick was convicted (see here), but SLE refused to answer at that time. It’s now clear why.

It turns out that the Newlands Estate is indeed a member of SLE. And not only that, it’s also an accredited member of SLE’s ‘Wildlife Estates Scotland’ (WES) initiative. You know the one, the much-lauded (by the game-shooting lobby) initiative ‘that aims to promote the best game and wildlife management practices, build recognition and raise standards through the introduction of an objective accreditation system’ (see here).

Oops.

SLE has issued a short statement this evening, as follows:

A spokesman for Scottish Land and Estates said: “Scottish Land & Estates has a clear and long -established policy of condemning all forms of wildlife crime. Those who engage in such activity should feel the full force of the law. Newlands Estate is a member of Scottish Land & Estates but that membership has been suspended voluntarily pending further inquiries and ongoing legal proceedings“.

It’s interesting that the estate’s membership has been suspended ‘voluntarily’ and only after the Estate’s gamekeeper had been sentenced. Why was the suspension ‘voluntary’? And why wasn’t suspension invoked in June 2014 when gamekeeper Dick made his first court appearance to answer the charges? And if not then, why wasn’t it invoked last month when Dick was convicted? Why wait until now? Nothing to do with pressure from blogs like this, surely?

WILDLIFE ESTATES SCOTLAND LOGOIt’s also interesting that SLE don’t mention the Newlands Estate’s membership of the Wildlife Estates Scotland initiative in their press statement. Not a word. That news has been gleaned from ITV (see here) and reads as follows:

“Conditions of membership of Wildlife Estates Scotland include the requirements to maintain best practice standards of animal welfare and comply with all legal requirements and relevant Scottish codes of practice.

Wildlife Estates Scotland’s position is that it will suspend membership if it is notified of a prosecution or of a breach of relevant legislation.

The case of William Dick has been discussed with Newlands Estate, whose membership and accreditation under WES has been voluntarily suspended and will remain so until after further enquiries and any other legal proceedings have concluded.”

– WILDLIFE ESTATES SCOTLAND SPOKESPERSON

Scottish gamekeeper fined £2000 for killing buzzard

A Scottish gamekeeper who was recently convicted of killing a buzzard has been sentenced this morning.

William (Billy) Dick, 25, was convicted on 4th August 2015 of illegally killing the buzzard on the Newlands Estate in Dumfriesshire (see here). Two witnesses, alerted to the scene by the sound of gunshot, had observed him throwing rocks at a buzzard which was flailing on the ground, and then they observed him repeatedly stamping on the bird. They observed Dick wrapping something inside a coat and placing it inside his vehicle and then driving away. The carcass was never recovered but a dead hare, feathers and a blood-stained rock were found at the scene. DNA evidence from the feathers confirmed they came from a buzzard.

At Dumfries Sheriff Court this morning the sheriff told Dick that he believed Dick had killed the buzzard “to further the interests of your employer“.

Dick was fined £1,500 for killing the buzzard and a further £500 for possession of the dead buzzard.

Dick’s firearms certificate had been revoked but we understand this is being appealed tomorrow.

So, a £2,000 fine for offences that merit a maximum £5,000 fine and/or a six month custodial sentence. Had Dick pleaded not guilty this fine would have been even smaller (a reward for an early plea). It’s about time the Scottish Government published its commissioned report on wildlife crime penalties, which is already nine months overdue.

Well done to the SSPCA and Police Scotland for an effective investigation and congratulations to Procurator Fiscal Kate Fleming for a successful prosecution. Particularly well done to the two witnesses who reported their observations and were prepared to testify in court.

There is an on-going vicarious liability case relating to this crime (see here) and it’ll be interesting to see what happens in light of the sheriff’s comments in court this morning.

When we blogged about Dick’s conviction in August we asked the SGA whether Dick was one of their members. They refused to answer at the time, saying it would be inappropriate to comment until the case had concluded. Well, now it has concluded so let’s ask them again.

Emails to SGA: info@scottishgamekeepers.co.uk

Dear SGA, Is/was convicted gamekeeper William (Billy) Dick one of your members?

We also asked Scottish Land & Estates whether the Newlands Estate was one of their members. They didn’t respond. Let’s ask them again: info@scottishlandandestates.co.uk

Dear SLE, Is/was the Newlands Estate one of your members?

UPDATE 12.30hrs: COPFS press release here, with disturbing details of Dick’s actions.

UPDATE 13.30hrs: RSPB statement here

UPDATE 13.35hrs: BBC news article here, which indicates Dick may appeal his conviction. There’s also a quote from the SGA, once again refusing to comment on the membership status of Dick “until the legal process has concluded”. Why so coy?

UPDATE 18.50hrs: Turns out the Newlands Estate is a member of Scottish Land & Estates and the Wildlife Estates Scotland initiative – see here for blog post

Vicarious liability prosecution: Andrew Walter Bryce Duncan

A prosecution is underway against Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the criminal actions of gamekeeper William (Billy) Dick, who was recently convicted of killing a buzzard in April 2014 (see here).

Duncan, 71, of Kirkton, Dumfriesshire, is understood to manage the pheasant shoot on the Newlands Estate where Dick committed his crimes. Dick is due to be sentenced in September.

At a hearing in Dumfries Sheriff Court on Tuesday 18th August 2015, a trial date was set for Duncan (23rd November 2015) with an intermediate diet due to be heard on 20th October 2015.

Great to see the Crown Office pursuing this prosecution. We’ll follow proceedings with interest.

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) came in to force on 1st January 2012. To date there has only been one conviction – landowner Ninian Robert Hathorn Johnston Stewart was convicted in December 2014 of being vicariously liable for the criminal actions of Glasserton & Physgill Estates gamekeeper Peter Bell (see here).

Buzzard shot & fatally injured in Borders

buzzard 3A buzzard that was found badly injured in the Borders in July had been hit by shotgun pellets in its head and wing. Its injuries were so severe the bird had to be euthanised.

The bird was found by a member of the public on 24th July by the side of the road between Heriot and Innerleithen. This is driven grouse moor country and the area has a long history of raptor persecution – if you’re unfamiliar with the region, check out google maps.

The SSPCA is appealing for information.

SSPCA press statement here

BBC News article here

Environment Minister Dr Aileen McLeod has made the following statement:

“The illegal persecution of birds of prey is always unacceptable, but this case – with the pain and suffering caused to the buzzard – is particularly abhorrent. Anyone with information on this incident should contact the relevant authorities as soon as possible.

 “I am resolute in my determination to do all I can to put a stop to crimes such as this, with the Scottish Government working with law enforcement and others through the Partnership Against Wildlife Crime in Scotland (PAWS). I expect all right-minded people involved in the countryside, including with shooting, to support our efforts.

 “The Scottish Government has already put in place new and strengthened measures to crack down on wildlife crime, including vicarious liability prosecutions and general licence restrictions, for example. But let me be absolutely clear – I will consider taking further action if necessary and the licencing of shooting businesses in Scotland remains an option.”

How many more times are we going to hear this now seemingly empty threat about ‘taking further action if necessary’? What does ‘if necessary‘ actually mean if it doesn’t mean that this latest incident is worthy of further action? Each time we’re told about another raptor that has been illegally killed we ask the Government when further action will be taken. Each time, we’re fobbed off with this line: “I will consider taking further action if necessary“. In the last few days alone we’ve learned of a shot hen harrier and two shot buzzards. Are none of these crimes worthy of ‘taking further action’?

Don’t know about you but we’d be really interested to find out exactly how Dr McLeod defines ‘if necessary‘. Does she have a target number of raptor killings in mind that will trigger further action? If so, what is that figure? Let’s ask her. Emails to: ministerforenvironment@scotland.gsi.gov.uk

Buzzard found shot dead in Loch Lomond & Trossachs National Park

Police are appealing for information following the discovery of a shot dead buzzard in the Loch Lomond and the Trossachs National Park.

The corpse was discovered by a member of the public about half a kilometre east of Ward’s Cottage, Gartocharn at around 2.15pm on Wednesday 5th August. It was found with a bullet wound in its chest.

Anyone with information is asked to contact the police on 101.

Scottish gamekeeper convicted of killing buzzard

The long-running case against Scottish gamekeeper William (Billy) Dick concluded today with a conviction for illegally killing a buzzard.

Dick, 25, of Whitehill Cottages, Kirkmahoe, Dumfries, had been observed by two witnesses on the Newlands Estate striking a buzzard with rocks and then repeatedly stamping on it, in April last year. The observers were alerted to the scene by the sound of a gun shot. Dick had denied the charges (in addition to two alleged firearms offences, which were subsequently dropped) but was convicted today at Dumfries Sheriff Court.

He will be sentenced in early September.

Well done to the SSPCA and Police Scotland for their investigation and to the Crown Office for a successful prosecution.

We understand that a vicarious liability prosecution will get underway at Dumfries Sheriff Court later this month.

The Newlands Estate offers driven partridge and driven pheasant shooting. This estate has previously donated to the GWCT’s Scottish Auction (see here – page 23).

While we wait for the sentencing hearing, here are some questions you might like to ask:

1. Is/was Dick a member of the Scottish Gamekeepers’ Association? Emails to: info@scottishgamekeepers.co.uk

2. Is Dick still employed on the Newlands Estate? Emails to: awbd@newlandsestate.co.uk

3. Is the Newlands Estate a member of Scottish Land & Estates? They get a mention in the SLE’s 2013 newsletter (here – page 10). Emails to: info@scottishlandandestates.co.uk

The photograph of Billy Dick was sourced from his Facebook page.

Previous blogs on this case here, here, here, here, here, here, here, here, here

Scottish farmer convicted of shooting buzzard

A poultry farmer in the Borders who shot a buzzard, claiming he had mistaken it for a carrion crow, has been fined £600.

Michael Harrison, 70, of West Linton, Peebleshire, who runs an egg production facility, told Sheriff Jamie Gilmour at Edinburgh Sheriff Court on Wednesday, “I just made a mistake. I shot at this crow and it came down, but when I saw it was a buzzard, I was mortified. I was born in the countryside and brought up on a farm. All my life I have been a wildlife supporter”.

Harrison had pled guilty under the Wildlife & Countryside Act to ‘intentionally or recklessly’ shooting the buzzard in November 2014. He also pled guilty to injuring the buzzard by standing on its wing – presumably in an attempt to ‘control’ it when he realised the bird was still alive. The buzzard’s injuries were too severe for it to survive and it had to be euthanised.

Sheriff Gilmour said he would reduce the fine from £900 to £600 because of Harrison’s early guilty plea and allowed seven days for payment. He told Harrison: “It is important you identify your quarry. That is an important part of shooting”.

It’s farcical that a buzzard could be mistaken for a carrion crow, especially if it’s in close enough range for it to be shot and especially if the person pulling the trigger claims to have been born and brought up in the countryside and should therefore be capable of basic bird identification skills. In light of this conviction, presumably Police Scotland will not renew Harrison’s shotgun certificate? Yeah, right.

Well done to the SSPCA for their prompt investigation of this crime, which was crucial to gather evidence, and to the Crown Office for a successful & speedy prosecution, leading to a rare conviction for the actual shooting of a protected species. The penalty, as usual, is at the low end of the scale (max penalty of £5,000 and/or six month custodial sentence).