Enough is enough

SOCThe latest edition of the Scottish Ornithologists’ Club journal, Scottish Birds, dropped through the letterbox the other day. It contains an interesting article from Ian Thomson, Head of Investigations at RSPB Scotland:

Raptor Persecution in Scotland: July 2014 update

The last article on the illegal killing of birds of prey in Scotland written for Scottish Birds (33:1) appeared at the beginning of 2013, a year designated “The Year of Natural Scotland” by the Scottish Government.

The year had dawned with some optimism. For the fourth consecutive year, we had seen detected cases of illegal poisoning decline, and although, again it is important to reiterate that these only represent what was actually found, the apparent reduction in these indiscriminate crimes was welcomed universally. In saying that, yet again, a Golden Eagle was one of the victims, with a satellite-tagged bird found dead in Lochaber in March. But, the year ended with the news that a young pair of White-tailed Eagles from the east Scotland re-introduction scheme had built a nest in an Angus glen, the first breeding attempt in the east of the country for a hundred years.

Within days of the New Year beginning, however, it was discovered that the tree had been deliberately felled, and the nest destroyed. Realism returned quickly. A police investigation was launched. The site was five miles from the nearest public vehicle access. The tree felled was the only one in the whole plantation. Full cooperation from the estate where the nest was felled was assured. Surely it would be easy to identify the culprit?

No. The police requests for information were met with “no comment” responses across the board, from all those employed in the area concerned. While the right to decline to answer questions is enshrined in Scots Law, few would agree that this amounts to “full cooperation”. But, with no suspect identified, that would ostensibly mean the end of the investigation.

Of course, this sad example was not the first time this has happened. Indeed, when it comes to the persecution of raptors, no-one ever seems prepared to say a word that may assist in the identification of the perpetrator.

In late May 2013, two members of the public witnessed the organised “hunt” of a pair of hen harriers that had just started nest-building on an Aberdeenshire estate. For almost three hours, two armed men stalked the protected raptors, guided to where they were perched or flying by a third man, communicating with those on the hill by radio. As darkness fell, four shots rang out, and the men were seen and heard celebrating the killing of the male harrier.

Of course, the killer did not leave the body lying around to be found, but at least there were the two other individuals he was with, fully aware that he had committed the crime. Again the police investigated; again, nobody was prepared to identify the criminal. Again, a raptor killer escaped justice.

This latest case was one of several, including the killing of another harrier, the poisoning of a red kite and shooting of another; and the shooting of four buzzards in other incidents, which led to the Scottish Government Minister for the Environment and Climate Change, Paul Wheelhouse MSP, to announce further measures to combat these crimes. This included a review of sentences given for convicted wildlife criminals, and instructing Scottish Natural Heritage to implement a means of restricting the use of General Licences (a legislative tool that allows an “authorised person” to kill certain species under specific circumstances eg. allows a gamekeeper to shoot a carrion crow, that would otherwise be protected).

It is perhaps ironic, that just a few weeks earlier, the SOC had been part of a delegation that met with the Minister to handover a petition, officially endorsed by the Club, that contained almost 23,000 names, collected in just over two weeks, calling on him to ensure that Buzzards continued to have full legal protection, and to resist calls made by some in the game-shooting sector to allow licences to control them.

Sadly, despite the Minister’s robust comments, this did not seem to deter those who seem intent on continuing to kill some of our rarest protected birds with further shootings of a red kite and several buzzards. But, on a positive note, a second pair of white-tailed eagles did manage to breed in the east of Scotland, successfully fledging a male chick.

Unfortunately, The Year of Natural Scotland ended, as inauspiciously as it had began, with the poisoning of yet another golden eagle in the Angus glens, just the latest incident of a litany of recent raptor persecution cases in this area.

2014 has been no better, with the massacre of birds of prey on the Black Isle grabbing a great deal of media attention. Twenty-two dead raptors – six buzzards and sixteen red kites – were found dead in a small area of farmland near Conon Bridge. Thus far, fifteen of these have been confirmed to have been the victims of poisoning as a result of consuming bait laced with a banned pesticide.

This incident, quite rightly, attracted universal condemnation, lead to the establishment of a reward fund and resulted in an unprecedented public demonstration in Inverness town centre. But, it is important to put this case into context. It was highly unusual in that it was on lowland farmland, close to a town and in an area frequently and easily accessed by members of the public.

The vast majority of raptor persecution incidents still happen away from the public gaze, in upland areas where visitors are few and where the chances of evidence of the crimes being found is very slim. These incidents may not be seen, the bodies may not be found, but the evidence is clear time and time again – large swathes of Scotland’s uplands managed intensively for driven grouse shooting continue to see virtually no raptors breeding successfully.

It is for this reason that RSPB Scotland is now calling for a robust system of licencing for grouse moors. The grouse-shooting industry has had decades to put its house in order, but has singularly failed to demonstrate that it can operate in harmony with protected birds of prey. Licenses should have sanctions for wrongdoers, with repeat offenders losing their license and thus the right to shoot all gamebirds for set periods. Estates that do practise sustainable management, and obey the law should have nothing to fear.

The one light that had shone from the gloom of 2013 was that first white-tailed eagle chick to fly from a nest in east Scotland for 200 years. It thrived and survived the challenges of its first winter. But that light too was extinguished, when the satellite-tagged bird “disappeared” on a grouse moor in upper Donside. At the same location, four tagged golden eagles have similarly vanished. The only eagle body recovered confirmed it had died due to illegal poisoning.

Enough is enough.

Full reference: Thomson, I. (2014). Raptor persecution in Scotland: July 2014 update. Scottish Birds 34(3): 232-233.

Ross-shire Massacre: six months on

rk5It’s been (just over) six months since 22 raptors were poisoned in a single incident at Conon Bridge in Ross-shire.

So far, we know that 16 of those birds (12 red kites + 4 buzzards) were killed by ingesting “an illegally-held poisonous substance”. We know that the name of the poison has been redacted from official government documents in the public domain. We know that nobody has been arrested.

That, in a nutshell, is about the sum total of the ‘official’ information that is available about one of the most high-profile wildlife crimes in recent years.

Isn’t that amazing? Six months on and that’s all there is?

However, if you’d been sitting in Lecture Marquee #3 at the Rutland Birdfair on Saturday 16th August, you’d have heard that the poison used to kill all those birds was Carbofuran, and that the perpetrator is known. Indeed, the (alleged) perpetrator was virtually named and anyone sitting in that marquee who had any local knowledge of Conon Bridge would know exactly who was being implicated.

It was an astonishing talk delivered by Sir John Lister-Kaye, who introduced himself as a Vice-president of RSPB. It was astonishing both in the level of detail about the case that was delivered, but also in the level of inaccuracy about raptor persecution in general. For someone with Lister-Kaye’s credentials, the content of that talk left our jaws hanging open.

Given the wholly inaccurate statements he made about raptor persecution in general (including a claim that Carbofuran could be used under licence to treat seed crops (!!) and that raptor killing in Scotland has never really been widespread until very recently and then only as the landowners’ angry backlash following the introduction of vicarious liability), his statements about the Ross-shire Massacre need to be treated with caution.

Nevertheless, whilst he deserves to be pulled up on his shoddy research skills, he deserves credit for standing up in that marquee and giving more information in 20 minutes than Police Scotland has managed in six months.

Previous blogs about the Ross-shire Massacre here

Suspected poisoning of red kite & buzzard in Herefordshire

A dead red kite and a dead buzzard have been found in Herefordshire in what looks suspiciously like a poisoning incident.

According to an article in the Western Daily Express (here), the carcasses were discovered on farmland at Pontrilas, south Herefordshire, close to a dead pheasant. The farmer took the corpses to a vet but the vet couldn’t find any obvious sign of injury or disease.

The RSPCA is appealing for information, but strangely, the article doesn’t say whether the corpses have been submitted for toxicology analyses. Given the position of the two dead raptors and their proximity to a dead pheasant (commonly used as bait), it seems quite plausible that this could have been an illegal poisoning incident.

Let’s hope the RSPCA contacts the RSPB Investigations team for advice.

Red kite photograph by Drew Buckley.

Petition for increased SSPCA powers handed in to Holyrood

Goddard petition Wheelhouse august 2014A petition calling for increased investigatory powers for the SSPCA was handed over to Environment Minister Paul Wheelhouse last week, with over 6,000 signatures.

The petition was launched several months ago by Andrea Goddard, a volunteer at the Tollie Red Kite Feeding Station, following the illegal poisoning of 22 raptors (16 red kites and 6 buzzards) in March at nearby Conon Bridge – an incident we’ve termed the Ross-shire Massacre. Five months on, nobody has been charged for this appalling crime.

Great effort, Andrea. Story in the Press and Journal here.

The petition coincided with the long-awaited government-led public consultation on whether the SSPCA should be given additional powers to investigate a wider suite of wildlife crimes. The consultation closes next Monday (1st September) and the consultation responses will be published on the Scottish Government’s website by 11th October. Following the government’s decision-making, a full report (on the consultation) has been promised although a time-frame for this has not been provided.

We’d encourage as many of you as possible to contribute to this consultation. If the proposal is accepted, we believe it will bring significant improvement to the enforcement of wildlife crime legislation in Scotland, leading to many more offenders being brought before the courts – see here for our reasoning.

If you’d like to take part, please click here.

Case against Stody Estate gamekeeper Allen Lambert: part 5

A new trial date has been set in the case against (now former) Stody Estate gamekeeper, Allen Lambert.

At a previous court hearing in December 2013, Lambert, 64, pleaded guilty to storing Mevinphos and Aldicarb pesticides at the Stody Estate in north Norfolk on or about 4th April 2013, as well as storing them without reasonable precautions.

He also admitted a charge of failing to comply with a firearms certificate by poor storage of a .22 Mauser.

He denied further charges including intentionally killing 14 buzzards, a sparrowhawk and a tawny owl between April 1-4 2013, as well as a charge of keeping nine dead buzzards on 4th April 2013.

His trial was previously due to begin in May 2014 but it was adjourned. The new trial date is 1st October 2014.

Previous blogs about this case here, here, here and here.

Ross-shire Massacre: five months on

It’s been five months since the discovery of 22 dead raptors (16 red kites + 6 buzzards) near Conon Bridge in Ross-shire – an incident we have termed the Ross-shire Massacre.

Since then, we’ve learned that 16 of these birds (12 red kites + 4 buzzards) were killed after ingesting an “illegally-held poisonous substance“. That information had to be dragged from Police Scotland in June, following some pretty outrageous allegations from the game-shooting industry (and at least one MSP) that the birds had been ‘accidentally poisoned’ by eating contaminated meat at the Tollie Red Kite Feeding Station.

Other than that, Police Scotland has refused to provide any further information, other than to say last month that the investigation “was continuing“.

In June, a member of the public made an FoI request to SASA (the government lab responsible for undertaking the toxicology anlayses on these birds) to ask for the name of the poison(s) and the name of the species affected, amongst other things. He received a reply from SASA on 30th June and he was told that it wasn’t in the public interest to disclose such information. SASA claimed that the public interest test was “outweighed by the public interest in ensuring that the ongoing police investigation is not jeopardised and that incomplete data are not released“. The member of the public submitted a request for a review of this decision and on 24th July 2014 he received a response from Hugh Dignon, a senior civil servant. Mr Dignon upheld the decision made by SASA and added:

By withholding evidence that might, if prematurely released, prejudice a live investigation, we are maximising the likelihood that a conviction could be secured if a prosecution is taken forward“.

Come on, Hugh! There’s not a chance in hell of getting a prosecution, let alone securing a conviction, so many months after the crime took place. Who are you trying to kid? And since when has releasing the name of a banned poison ever jeopardised a live investigation? Er, that’ll be never. SASA has, for years, routinely published the name of the poisons that were used in crimes that are still subject to on-going investigations – why is this case so different? Why all the cloak and dagger? What’s to hide?

Here’s a screen grab of SASA’s latest poisoning data, which relate to toxicology tests undertaken in the first quarter of 2014. The reference circled in red is the information about the Ross-shire Massacre. SASA has redacted all the detail about the type of poison(s) detected (column 4), whether the incident was ‘abuse/mis-use’ etc (column 6), and they’ve even removed the names of the species they’ve tested – preferring to write ‘various’ instead (column 8). Compare and contrast these redactions to the entry at the top of the image, which relates to a poisoned peregrine found in Strathclyde in February – that case is also an on-going police investigation (ahem) and yet we’re allowed to see the name of the poison (Carbofuran), the type of incident (abuse) and the species affected (peregrine). Astonishing, isn’t it?

 SASA Q1 2014 ROSS-SHIRE MASSACREa

For previous posts on the Ross-shire Massacre click here

Buzzard shooting condemned as abhorrent

Police are investigating following the discovery of a buzzard that had been shot dead in July.

The bird was found in a wooded area near Dundrum Road, Newcastle, Co Down on 9th July, according to an article in the local Mourne Observer (thanks to the contributor who sent us a copy).

An RSPB spokesperson said: “Any incident of wildlife crime is to be condemned but the shooting of a majestic bird of prey is completely abhorrent”.

Anyone with information about the shooting is asked to contact Newcastle police station on the non-emergency number 101.

Buzzard photograph: unknown photographer.

By the way, in case you’re thinking that due to a paucity of recently reported information, raptor persecution in Scotland has suddenly stopped, think again. We’re just waiting to see how long it takes Police Scotland to make these crimes public…..

East Scotland sea eagle chick fledges: what fate awaits this one?

For the second consecutive year, a young white-tailed eagle has successfully fledged from a nest in east Scotland.

His sibling, who hatched in 2013, un-mysteriously ‘disappeared’ earlier this year in a notorious raptor persecution blackspot in the Cairngorms National Park (see here and here). He was the first sea eagle to fledge in east Scotland in over 200 years but he didn’t even survive to see his first birthday. His satellite transmitter went silent after he’d visited a driven grouse moor where previously a head gamekeeper had been convicted of poisoning offences (2006), a poisoned golden eagle had been found in 2011 (no prosecution), a poisoned buzzard had been found in 2011 (no prosecution), poisoned bait had been discovered in 2011 (no prosecution) and a short-eared owl had been found in 2011 that had been shot and shoved underneath a rock (no prosecution). The police raided the estate in April this year but found no trace of the eagle.

He might not have been the first sea eagle to fledge in Scotland in over 200 years if another east Scotland pair had not had their nest tree felled by someone with a chainsaw (see here – no prosecution).

The BBC is running an article on this year’s fledgling (see here) and includes a telling remark from RSPB Scotland saying they hoped the young bird would avoid areas where birds of prey have been poisoned or trapped. In other words, steer clear of driven grouse moors.

He’s got at least five years in which to run the gauntlet before he becomes mature enough to breed – we don’t rate his chances much.

Go west, kid, go west.

wtse fife 2014 ian francis

Ross-shire Massacre: the pig’s ear of an investigation continues

RK5Ten days ago we blogged about the progress (or apparent lack of) being made in the Ross-shire Massacre case, four months on from the discovery of 22 dead raptors in one of Scotland’s worst raptor poisoning incidents (see here).

A couple of days ago, somebody told us that the ‘official’ number of birds confirmed poisoned was now 16 (12 red kites + 4 buzzards), according to Police Scotland.

We found this news intriguing. Did it mean that the remaining six carcasses (4 red kites + 2 buzzards) had not been poisoned?

No. What it turned out to mean was that toxicology tests on those remaining birds are still “continuing”, according to a news report in The Press and Journal (see here).

Still continuing, four months after discovery? Is that because the poison is proving difficult to detect, or is it because the tests have not been given priority? If not, why not?

What a shambles. And that’s only the start of it…..

Previous posts on the Ross-shire Massacre here

Ross-shire Massacre: 4 months on

It’s been four months since 22 birds of prey (sixteen red kites and six buzzards) were killed in one of the worst poisoning incidents uncovered in Scotland in recent years.

Here’s the latest information about how the police investigation is progressing:

nothing 2

Great, eh?

The Untouchables get away with it. Again.

Tune in next month for more of the same. Probably.

For previous posts on the Ross-shire Massacre click here.