Ross-shire Massacre: unbelievable press release from Police Scotland

RK7Following the mass poisoning of raptors (16 red kites & 6 buzzards) at Conon Bridge, Ross-shire, seven months ago, Police Scotland has this evening put out the following press release:

Appeal for information in relation to death of raptors

Police Scotland has issued a further appeal for information relating to the deaths of raptors in various locations across the Ross-shire/Black Isle area earlier this year.

Following investigation Police Scotland can now confirm that the birds, 12 red kites and four buzzards, were most likely not targeted deliberately but instead were the victims of pest control measures. The raptor deaths occurred over March and April this year.

The criminal investigation into their deaths is still ongoing and Police Scotland continues to work closely with partners.

Detective Superintendent, Colin Carey, said:

“Investigations into the suspicious deaths of wildlife and especially raptors can be difficult and prolonged. The areas covered can be vast and it is seldom immediately apparent why a bird may have died.

“We work closely with partners to identify and thoroughly investigate all wildlife crime. The death of the raptors in Ross-shire remains an on-going investigation during which we are endeavouring to establish all of the circumstances around this crime. We would ask anyone who may have further information to come forward.”

A significant reward is being offered for witnesses or further information.

Partner agencies would seek to remind members of the public that if anyone finds any further dead birds or animals in the area they are asked to make a note of its location and inform the police on 101. Under no circumstances should anyone touch or attempt to recover any dead animal.

If anyone has any information regarding this matter please contact Dingwall Police Station, telephone 101.

END

This police statement is staggering. Pay close attention to the second paragraph: Police Scotland can now CONFIRM…..

How can they possibly CONFIRM this, without a full confession from the person who laid out the poison baits? Does this CONFIRMATION mean that they’ve got the poisoner? That he/she has been arrested? That he/she has been charged?

The truth of the matter is, they haven’t got the poisoner, so they cannot possibly CONFIRM whether the poisoner meant to target raptors or meant to target a legitimate ‘pest’. Besides, the only legitimate method of poisoning ‘pests’ is by the controlled use of rodenticides. We already know that the poison(s) involved in this case included a banned poison – the police said so months ago. According to the Vice President of the RSPB, the poison used was Carbofuran. We don’t know that for sure because Police Scotland has refused to say, and the Government toxicology lab who would normally publish this information has mysteriously chosen not to on this occasion. We also know that poisoned baits were picked up at the crime scene – as reported here and here. How can this possibly be classified as a ‘non-deliberate’ poisoning?! It’s illegal to even possess these banned poisons, let alone to use them!

What on earth are Police Scotland playing at? This press statement is a disgrace. If we applied their logic to every other raptor that has been poisoned by a banned poison over the last ten years, then they’ve all been accidental! An unfortunate mistake by someone carrying out pest control measures! What sort of message does this police statement send to those who continue to use banned poisons to kill wildlife? ‘Ah don’t worry lads, we know you didn’t mean to deliberately target that golden eagle/red kite/buzzard with your illegal poisoned bait’.

WTF?

Somebody needs to be asking questions about this. It’s pointless us trying to ask Police Scotland – we’ll just get the stock response of “It’s a live investigation so we can’t comment”. So much for police accountability, eh? All this guff about how the SSPCA shouldn’t be given extra powers because they’re ‘unaccountable’ – Jesus.

So seeing as we have no confidence in Police Scotland to be (a) accountable, (b) competent or (c) trustworthy about this case, how about we ask the partner agencies “working closely” with the police on this case, whether they agree with Police Scotland’s CONFIRMATION that this incident was accidental?

Let’s ask Ian Thomson, Head of Investigations at RSPB: ian.thomson@rspb.org.uk and let’s ask Mark Rafferty, Head of Special Investigations Unit at SSPCA: mark.rafferty@scottishspca.org We’re not asking them to reveal any confidential information about the case, just whether they agree with Police Scotland’s assertions that these poisoned birds were not deliberately targeted, and if so, on what basis has the assertion been made?

Case against gamekeeper George Mutch: part 12

Well, well well. Today was the first day in the much-anticipated trial of Scottish gamekeeper George Mutch.

Mutch, 48, of Kildrummy Estate, Aberdeenshire, has been accused of various wildlife crimes relating to the alleged capture and subsequent killing or injuring of two goshawks and a buzzard in 2012. He has denied the charges and we’ve seen this case drag on and on and on…..

The dragging on looks set to continue….

The trial was halted today after the Sheriff (Annella Cowan) decided to stand down. Why did she decide to stand down? According to the BBC (here) it was because the defence counsel argued that as Sheriff Cowan was a member of the RSPB, she shouldn’t hear the case because the RSPB had been involved in the criminal investigation in to Mutch’s alleged activities.

Yes, seriously!

We thought a Sheriff was supposed to be considered as being ‘above bias’? The defence counsel, Mr Moir, apparently said that he wasn’t suggesting that Sheriff Cowan would be biased – so why then did he say she shouldn’t hear the case?! What a joke.

What’s an even bigger joke is that another (now retired) Sheriff, one Kevin Drummond, was never considered to be ‘unsuitable’ to hear cases against gamekeepers accused of wildlife crime, even though his hobbies apparently included shooting, and prior to becoming a Sheriff he had worked as a defence QC for……er, gamekeepers! (see here).

Fascinating, eh? You couldn’t make this stuff up.

Anyway, back to Mutch’s trial. It’s no big problem that Sheriff Cowan has decided to stand down – the case will be decided on the merit of the evidence presented against Mutch – and THAT is where our interest lies. Whether it’s Sheriff Cowan or another Sheriff who hears the case is largely irrelevant; it’s just irritating that yet another delay has been introduced to this case. Still, we can wait.

We understand the trial will re-start in December.

Case against Scottish gamekeeper William Dick: part 3

Criminal proceedings continued yesterday in the case against Scottish gamekeeper William Dick.

Mr Dick, 24, is accused of bludgeoning and repeatedly stamping on a buzzard. The alleged offences are reported to have taken place in Sunnybrae, Dumfries in April 2014. Mr Dick has denied the allegations.

Yesterday a notional diet was heard at Dumfries Sheriff Court. The case was continued for another notional diet, scheduled for 4th November 2014.

Previous blogs on this case here and here.

Case against gamekeeper George Mutch: part 11

The day has finally come. Today is the opening day of the trial of Scottish gamekeeper George Mutch, of Kildrummy Estate, Aberdeenshire.

Mutch is accused of a variety of offences relating to the illegal trapping, and then killing and/or taking away of birds of prey, alleged to have taken place over two years ago in August 2012. Mutch has denied the charges, hence the trial.

There have been 12 previous court hearings in this case, including yet another intermediate diet yesterday. It’s good to finally have the trial underway.

Watching with great interest…..

First vicarious liability prosecution: part 2

wane1Last week we blogged about what we believe to be the first prosecution under the 2011 vicarious liability legislation (see here), relating to poisoning offences that took place on the Glasserton & Physgill Estates in December 2012. Gamekeeper Peter Bell was convicted in June 2013 for those crimes, including the laying out of a poisoned bait that subsequently killed a buzzard, and the possession of three banned poisons (Carbofuran, Strychnine and Alphachloralose) which were found in his tool shed and in his home (see here).

The vicarious liability prosecution was adjourned yesterday and the next hearing is due in November.

Definitely one to watch.

Ross-shire Massacre: seven months on

It’s been seven months since 22 birds of prey (16 red kites and six buzzards) were illegally killed in a mass poisoning incident near Conon Bridge, Ross-shire.

Here’s an imaginary update from the police:

No arrests.

No charges.

No prosecution.

No justice.

Previous posts on the Ross-shire Massacre here.

Buzzard’s injuries suggest it was caught in illegal leg-hold trap

BZ Malton Oct2014A badly-injured buzzard that was found floundering in a field near Malton, North Yorkshire, has had to be euthanised.

A veterinary examination revealed the bird had a badly broken leg and its injuries suggest it had been caught in an illegal leg-hold trap. The injuries were judged to be at least one week old.

News article in Yorkshire Post here.

North Yorkshire has the dubious distinction of being the worst place in the UK for raptor persecution (see here and here). The landscape is dominated by driven grouse moors.

Over 18,500 people have signed a petition to ban driven grouse shooting – if you feel the same way you can sign it here.

Update on first vicarious liability prosecution

wane1Regular blog readers will know that we’ve been interested in the first prosecution of a landowner under the vicarious liability legislation for some time now….in fact ever since the legislation was enacted as part of the WANE Act on 1st January 2012 (see here for background info on what vicarious liability is and to what wildlife crime offences it can be applied).

We believe the first prosecution relates to the employers of gamekeeper and (now ex) SGA member Peter Bell, who was convicted in June 2013 of various poisoning offences that took place in December 2012 on the Glasserton & Physgill Estates. Those offences included laying a poisoned bait that subsequently killed a buzzard, and the possession of three banned poisons (Carbofuran, Strychnine and Alphachloralose) found in his tool shed and in his home (see here).

We’ve been asking whether there would be a vicarious liability prosecution against Bell’s employers for over a year, but each time we asked, various obstructions were put in our way (see here and here). However, in May this year, Environment Minister Paul Wheelhouse announced during a parliamentary debate on raptor persecution that vicarious liability proceedings had commenced (see here).

Since May, we’ve heard nothing at all, which we find surprising given the high level of public interest in how this new (well, nearly 3-year-old now)  and significant legislation will work.

We’ve been doing quite a lot of research since then and have finally discovered that this case is indeed in progress, and the next court hearing will take place next week. It won’t be an evidence-led hearing – it’s a special hearing that is designed to hear legal arguments. What happens next will depend on what the Sheriff decides at the end of the hearing. We’ll keep you posted.

We’ve also heard that there is a second vicarious liability case underway…..more on that in due course.

Case against gamekeeper George Mutch: part 10

Criminal proceedings continued yesterday with hearing #11 in the case against Scottish gamekeeper George Mutch of Kildrummy Estate, Aberdeenshire.

Mutch is pleading not guilty to a suite of charges relating to offences that are alleged to have taken place more than two years ago in August 2012. We believe these relate to the illegal use of a trap for the purpose of taking or killing wild birds (goshawk and buzzard) and to the killing, injuring or taking of wild birds (goshawk and buzzard).

Yesterday’s hearing was another intermediate diet and guess what? Yet another intermediate diet has been set for 21st October 2014.

Here’s the chronology of events so far:

August 2012: alleged offences took place

11th September 2013: case opened

2nd October 2013: hearing #2

30th October 2013: hearing #3

27th November 2013: hearing #4

17th December 2013: hearing #5

17th March 2014: hearing #6

2nd April 2014: hearing #7

16th April 2014: hearing #8

13th May 2014: hearing #9

24th September 2014: hearing #10

15th October 2014: hearing #11

21st October 2014: hearing #12 due

Case against Scottish gamekeeper William Dick: part 2

Criminal proceedings in the case against Scottish gamekeeper William Dick continued yesterday at Dumfries Sheriff Court.

It has been reported that Mr Dick, 24, is accused of bludgeoning and then repeatedly stamping on a buzzard. The alleged offences are reported to have taken place in Sunnybrae, Dumfries, in April 2014. Mr Dick denied the allegations at an earlier hearing (see here).

Yesterday the case was continued for a notional diet on 21st October 2014. A notional diet is basically a hearing for legal arguments. What happens next is subject to what the Sheriff decides at the notional diet; a trial may or may not follow at a later date.