Joke sentence for second-time convicted gamekeeper

David Alexander Whitefield, the former gamekeeper at Culter Allers Estate in South Lanarkshire, was today sentenced following his December 2011 conviction for illegally poisoning four buzzards (see here for conviction report).

Before we discuss his latest sentence, let’s remind ourselves of Whitefield’s criminal record: This keeper, who was also a member of the Scottish Gamekeepers’ Association, was convicted in October 2008 for offences relating to the unlawful capture and subsequent welfare of a buzzard. His sentence for that conviction was a £300 fine. He kept his job as the sole gamekeeper and he was not expelled from the SGA. Just six months later, in April 2009, RSPB investigators were alerted to the signs of an illegal poisoning spree on this estate. Obviously, these subsequent poisoning activities, for which Whitefield has now been convicted, demonstrate that the £300 fine had zero effect as a deterrent (no great surprise really).

So then you might expect today’s sentence to reflect not only the seriousness of the crime of poisoning wildlife (and potentially any human and/or domestic animals that happened to wander through the well-used public walking trails on this estate), but also to acknowledge that Whitefield, already previously convicted for wildlife crime there, had shown a complete disregard for wildlife legislation.

You might reasonably expect that the sheriff in this case, Nicola Stewart, might utilise her full sentencing powers and go for the most serious sentence available for this type of crime, which includes a custodial sentence and/or a financial penalty for each poisoned bird. That would see Whitefield put away for a while and would send out a very clear message that this type of crime will no longer be tolerated in this country, just as the Scottish Government has claimed over and over again in recent years.

So why then, was Whitefield handed down a 100 hour community service order as his ‘punishment’?

According to an RSPB press release, Sheriff Stewart is reported to have said the punishment was a direct alternative to a custodial sentence and that poisoning is a serious offence. Why was he given a direct alternative to a custodial sentence and where, in his 100 hour community service order, is there any indication that illegal poisoning is considered a serious offence?

This is a joke sentence, to add to all the other joke sentences that have been handed out to the few criminals that are actually prosecuted for these crimes. As we keep seeing, over and over again, these punishments are not providing the required deterrent so surely it’s now time to introduce mandatory sentences for these offences, and that includes custodial sentences. These are already available to the judiciary – so far, for whatever reason, not one custodial sentence has been given to a convicted raptor poisoner. We need to be asking why that is, and we need to keep asking.

Well done to the SSPCA for some serious doggedness with this case – it’s been a long time in the works and looked at one point to be in danger of failing on a legal technicality. Perseverance paid off, and despite the pathetic sentence, those involved with the groundwork deserve much credit.

BBC news article here

RSPB Scotland press release on Birdguides Blog here

Eight red kites found poisoned in Ireland since November

We have been asked by the Golden Eagle Trust (Ireland) to publish the following press release:

The Irish Red Kite Reintroduction Project is part of an all-Ireland effort to restore red kites. These attractive birds were extinct in Ireland for about 200 years. The Golden Eagle Trust, National Parks and Wildlife Service, and the Welsh Kite Trust have collected (from Wales) and released 120 red kites in Co. Wicklow between 2007 and 2011 and 39 red kites in Co. Dublin in 2011. The RSPB released 80 red kites in Co. Down between 2008 and 2010. There are now 10-15 pairs of red kites breeding in Co. Wicklow and 5-6 pairs breeding in Co. Down.

Following the successful release of red kites during the summer in Dublin and Wicklow, it is with disappointment that we report further recent kite deaths in Fingal. Since the release in July, this year, a total of eight (8) kites have now been recovered dead in Fingal since November.

The deaths include the satellite tagged kite known as ‘@’ which has flown as far as Co. Mayo on its travels and within a few weeks of returning to Fingal was found dead near Lusk.

Ms Phil Moore, from the Fingal LEADER Partnership expressed sadness saying ‘We just can’t believe ‘our baby’ is dead. We have all been following the satellite tagged kite since her release and have pictures all over the office of her journey; it is upsetting to know she is now dead’. 

There were 39 red kites, collected for Fingal under licence fromWales with project partners, the Welsh Kite Trust. The Fingal Red Kite release programme is part of the final and fifth year of an ambitious project to re-establish red kites in Ireland. The deaths represent just over 20% of the red kites released in the Fingal area.

The Golden Eagle Trust is managing the project, which is funded by Fingal LEADER Partnership through the Rural Development Programme 2007 – 2013 and the National Parks and Wildlife Service (NPWS). Fingal County Council, at Newbridge Demesne, and a private landowner hosted and facilitated the two separate release cages.

The project is widely supported throughout local communities, a suite of volunteers and landowners. There were over 100 people involved in cage building, collections, feeding and subsequent monitoring of the released kites.

Each kite is fitted with a radio tag which has allowed the project team to follow the kites’ movements since release. Whilst these tags allow us to track their daily movements they have also led us to find the dead birds.

Dr Marc Ruddock, Red Kite Project Manager, said ‘There is nothing more heart-breaking than having to pick up the carcass of bird and putting it in a bag for post-mortem after having followed its development from a small, downy chick collected in Wales and then watching it flying free in Fingal’.

Earlier this year, a post-mortem protocol was agreed between NPWS, Department of Agriculture and the State Laboratory. Each of the red kite carcasses has been sent for testing at Backweston Campus, to establish the cause of death. This process and the rigorous work undertaken is fundamental to the growing understanding of environmental issues and the threats posed to kites and other wildlife. 

It has now been confirmed that at least four of the kites contained the second-generation rodenticide, brodifacoum. This is an anti-coagulant rat poison usually recommended for indoor use only, which causes internal bleeding. It is widely recognised that rodenticides can kill non-target species.

Dietary analysis of the red kites, both in Wicklow and Dublin has shown that they are clearly hunting and scavenging rats, providing a natural control on rodent populations. The red kite is a specialist scavenger and is therefore likely to be at high risk of secondary poisoning if feeding on rats which are dead or dying from rodenticides.

We recognise the requirement for rat and mice control in terms of human health and food safety. But we urge amateur and professional users alike to ensure that rodent control programs are carefully planned and follow a defined treatment period to be effective.

The over-use of some chemicals could lead to resistance and accumulation in the environment. Those in the countryside should ensure best practice use of these chemicals to allow for more effective rodent control in the long-term and minimise the secondary poisoning risk to non-target wildlife. This includes other rodent-eating native raptors and owls such as kestrels, buzzards, barn owls, long-eared owls and red kites.

Best practice rodent eradication strategies record information such as the quantity and location of all baits and require baits to be regularly inspected and not left exposed to non-target animals and birds. Furthermore, dead rodents should be collected and disposed of safely and baits should be removed at the end of the treatment. Urban and rural rodenticide users are urged to be mindful of the potential environmental effects of the use of chemicals.

The farming and shooting communities in Fingal are very supportive of the project and are anxious to continue to control rats and mice effectively and minimise unintentional consequences for natural rat predators”. -END-

The substance used to kill the other four kites that have been discovered since November has yet to be confirmed – toxicology tests are on-going. It’s possible they were also unintentionally killed by secondary rat poison, but it’s equally possible that they have been deliberately (and illegally) killed by other poisons. For example, at the beginning of November 2011, it was reported that a red kite and a buzzard had been illegally poisoned in County Wicklow by alphachloralose (see here). In addition, a map produced by the Golden Eagle Trust in 2010 (see figure) shows the extent of illegal poisoning across Ireland (the map does not include instances of unintentional secondary rat poisoning). Species affected include red kites, golden eagles, white-tailed eagles, buzzards and peregrines, killed with alphachloralose or carbofuran.

Golden Eagle Trust website here

Repeat after me: there are too many raptors

I looked for Kim Jong-il’s name listed on the editorial board of Modern Gamekeeping and was surprised not to find it nestled between the names of Peter Carr and James Marchington. I thought he might have been a guest editor in the final weeks before his death. It seems a reasonable explanation for what looks to be obviously editorial-led comments from their four guest gamekeepers in the January issue.

Each month, Modern Gamekeeping invites guest keepers from across Britain to comment about what has kept them busy during the previous month. In the latest issue, keepers from Northamptonshire, Gloucestershire and North Yorkshire all discuss suspiciously similar topics – Is it a coincidence that three of the four keepers mention ‘fox-dumping’ in their articles (a subject prominently covered on the front page of this month’s Modern Gamekeeping), even though all of them admit it’s not a current problem for them? As it seems to have absolutely nothing to do with what has kept them busy during December, why would three of the four keepers mention it at all, unless they’d been ‘influenced’ by the editorial team?

Predictably, all four of the keepers also write about what they perceive to be ‘the raptor problem’. Is this also a coincidence, or have they taken direction from the editorial staff, given that the magazine’s January editorial is all about how raptors need to be [legally] culled (see here)?

Here’s what the keepers had to say about ‘the raptor problem’:

Keeper on Ashby St Ledgers shoot:The vermin haven’t really been a problem as we stay on top of them, but the buzzards and sparrowhawks are getting out of hand, they’re everywhere, and are a real worry“.

Keeper on Ozleworth Park:We have a lot of buzzards that give us some problems early on in the season when birds go to pen. They are also sometimes a bother when we want to move pheasants across the valley when they show themselves and the birds flush the wrong way. Thankfully we don’t get goshawks very often, and when we do they seem to move on quickly, which is good as they could be a real problem“.

Keeper on Shortwood Estate:Sparrowhawks and buzzards are out of control. Eight years ago you were lucky to see a pair of buzzards round here, now it’s a bad day if you don’t see five circling over your woods. There are far too many, and we also had a pair of goshawks this year that have caused me no end of trouble with the partridges“.

Keeper on Spaunton Moor:The biggest threat to game management has to be increasing numbers of birds of prey. The North York Moors in particular have massive blocks of forestry and unkeepered farmland, and every week we’re seeing more and more of every raptor species. What people forget is that 20 years ago, there wasn’t a buzzard, red kite or goshawk up here. Now there are plenty of all of them, and they’ve got to eat something. So the biggest threat, I think, is the increasing number of birds of prey and not being able to address that increase“.

Perhaps I’m being unfair. Perhaps these keepers have not been indoctrinated at all and they all genuinely believe that raptors in their areas are ‘out of control’. Although if that’s the case, their claims are difficult to understand given that they also all wrote about how well their seasons have gone this year!! So, either keepers have been illegally killing raptors to get the fantastic bags that have been reported this year, or, raptors don’t actually have such a high impact on bags as the shooting industry would have us believe. If we believe certain organisations, it’s ‘only a few rogues’ that illegally kill raptors, so logically then, the latter explanation must be accurate. Therefore, there’s no need for licences to be issued to legally cull raptors. Sorted.

Kim Jong-il is dead but the art of propaganda lives on

North Korean despot Kim Jong-il may be dead but the art of propaganda is alive and kicking here in the UK. A fine example of this is displayed in the latest [January 2012] edition of Modern Gamekeeping, the monthly rag for UK gamekeepers, where there are more calls for the introduction of licences to cull raptors.

It begins in the editorial at the front. Peter Carr dedicates a whole page to the issue of raptor persecution, starting off with condemnation of illegal raptor poisoning [good], but quickly moving on to ‘justify’ the need for legal raptor culling [not so good]. Part of this ‘justification’ includes the following statement:

Buzzards, sparrowhawks, goshawks, hen harriers, and tawny owls are the raptor species that cause us the most problems, though the little owl’s destructive power should not be discounted. All are doing well in most areas of the UK…

Oh dear. But when did facts ever get in the way of 100 year-old anti-raptor propaganda? And here is evidence, should any more be needed, that gamekeepers will not stop at licensed buzzard killing. Sparrowhawks, goshawks, tawny owls and little owls are all apparent targets, and hen harriers too, if they can find any left to kill.

Carr goes on to rally the troops, calling for more strenuous lobbying and “the need for a sensible balance in our countryside“. Presumably that ‘sensible balance’ includes the continued annual release of 40+ million non-native gamebirds into our countryside  and the (mis)management of our uplands to produce artificially-high densities of red grouse, all to the detriment of any native predators that share the habitat?

His editorial ends with this: “Raptor control licences will come, but we must hasten the process with valid argument and an impeccable record of keeping our own house in order“. If these two premises are the ones that will dictate whether raptor culling licences are issued, then conservationists need not fear that they’ll be issued any time soon.

The propaganda continues later in the rag….more on this in the next post…

Festive SGA chairman still pressing for buzzard licensing

In his festive review of the year, Scottish Gamekeepers’ Association chairman Alex Hogg talks about rabbit killing, “positive messages” and tools in tool boxes (I’m sure no irony was intended). He ends his blog with this statement:

We are also urging government to look again at the buzzard licensing. I strongly believe that Scotland’s wildlife would benefit enormously if the powers that be could make a start in managing our biodiversity rather than protecting it all the time!”

Lest we forget, the SGA also believes that “professional gamekeepers don’t poison raptors” and wonders, “will these very large creatures [sea eagles] differentiate between a small child and more natural quarry?” Not the sharpest tools in the toolbox, perhaps.

We’ve previously covered the issue of licences to kill raptors, extensively, including earlier attempts by both the SGA and Scottish landowners’ organisations (e.g. see here and here and links within) to persuade the government (and the general public) that these licenses are necessary. Fortunately, so far, these attempts have been thwarted, and not least because the criminal persecution of raptors continues with impunity within the game-shooting industry. No doubt we’ll be re-visiting this issue throughout 2012.

Alex Hogg’s festive SGA blog here

Norfolk estate gamekeeper guilty of animal cruelty

Here’s another example of the fine work of a ‘professional’ gamekeeper. This was published in the Norwich Advertiser yesterday:

A Norfolk gamekeeper was told today he could be sent to prison after admitting causing a fight between two dogs and a fox.

Christopher John Carter, 49, of The Burrows, in Gayton Thorpe, pleaded guilty at King’s Lynn Magistrates’ Court to causing the fight between the animals in July 2009.

Appearing alongside Carter was Luke James Byrne, 19, of Mill Houses, King’s Lynn, who admitted causing three animal fights on Westacre Estate.

The 19-year-old also admitted possessing three dead wild birds, a heron, cormorant and a buzzard, in King’s Lynn.

Jonathan Eales, prosecuting for the RSPCA, showed magistrates video footage, recorded by Byrne, of the fights which saw dogs attacking animals trapped in a snare. The first clip showed a fight between Byrne’s dog and rat which took place on June 20, 2009. The other videos showed Carter’s two dogs attacking a fox on July 2, 2009 and a fight between one of Carter’s dogs and a fox on June 15, 2010.

Mr Eales said: “In March this year, a woman purchased a mobile phone from Mr Byrne’s parents. The phone had been used by Mr Byrne and had a video clip on it of one of these fights. The woman was so shocked by what she saw that she reported it to the RSPCA which then investigated it. The investigating officer then took possession of Mr Byrne’s father’s laptop and two further video clips were found.”

During each of the videos, Byrne can be heard laughing as the fights took place and encouraging the dogs to attack. He can also be heard screaming “kill it” repeatedly and during the second video, Byrne says: “Well, that didn’t last very long”.

Mr Eales continued: “A number of pictures were also found on Mr Byrne’s father’s laptop of dead animals – three of which were dead wild birds. The conclusion was made that he must have been in possession of these birds to take pictures of them and he has pleaded guilty to these charges.”

Mr Eales told the court Carter is a gamekeeper and that Byrne had done work experience with him but added they had known each other for a long time.

He continued: “When these matters were discovered, both men were interviewed. At first, Mr Byrne denied having any involvement in or knowledge of these matters but after being shown the video clips, he made a no comment interview. Mr Carter didn’t make any admissions until the videos were shown to him but he did assist us in relation to the other two clips which he wasn’t involved in. Mr Carter gave no reason why he thought these things had happened. He said he had no excuse for it and said he knew what had happened was against the law. He also said he was ashamed of himself.”

Mr Eales asked magistrates to consider depriving the two men of ownership of the dogs and told the court these dogs would then be re-homed by the RSPCA. Carter’s two dogs are currently in the care of the RSPCA but Byrne’s dog remains at his home address.

Mr Eales also asked magistrates to consider whether or not to disqualify both men from owning animals for a short period or for life.

James MacWhirter, representing Byrne, asked magistrates to put off sentencing his client until a pre-sentence report had been carried out by the probation service. But Malcolm Savory, representing Carter, urged magistrates to deal with his client and told them he could produce plenty of character references for Carter.

He also appealed to the magistrates to take into account the fact the video footage relating to his client lasted 30 seconds but in the other cases the RSPCA bring to court, the suffering can go on for “minutes, days weeks, months or sometimes years”.

Lead magistrate Paul Kidd asked for all-option pre-sentence reports to be prepared for both men, including possible custodial sentences.

The two men will return to King’s Lynn Magistrates’ Court on January 11 to be sentenced.

Source article at Norwich Advertiser here

If anyone wants to find out whether Christopher John Carter is a member of the National Gamekeepers Organisation, send an email to: info@nationalgamekeepers.org.uk

Congratulations to the RSPCA and the Crown Prosecution Service.

Convicted poisoner (gamekeeper) is a member of SGA

There’ll be some red faces at the SGA today. After all the proclamations of Alex Hogg, Chairman of the Scottish Gamekeepers Association, who is on record as saying, “Professional gamekeepers do not poison raptors” (see here), it turns out that the gamekeeper David Alexander Whitefield, who today was convicted of poisoning four buzzards (see here), is a member of the SGA!!

The SGA has issued a statement after today’s conviction, that says Whitefield’s membership will be suspended with immediate effect (see here). This is welcome, if belated, news. But why wasn’t his membership terminated after his earlier conviction for wildlife offences in 2008? Or is membership only terminated after a conviction for poisoning, as opposed to other types of wildlife crime?

Previously convicted gamekeeper guilty again

A previously convicted gamekeeper has today admitted to poisoning four buzzards with Alpha-chloralose laced baits. At Lanark Sheriff Court, David Alexander Whitefield (45) of Coulter, near Biggar in Lanarkshire, pled guilty to the offences that took place between March and November 2009 at Culter Allers Farm, near Biggar, where Whitefield was employed as the sole gamekeeper for pheasant and partridge shooting. He has reportedly blamed his employer (the landowner), whom Whitefield claims told him to reduce the number of buzzards.

In addition to the four poisoned buzzards found on the shooting estate, a large quantity of Alpha-chloralose was found inside unlocked outbuildings, some of it inside a coffee jar – this extremely hazardous poison could have easily been mistaken for sugar or powdered milk by an unsuspecting visitor. Culter Allers is a popular area for walkers and it is fortunate indeed that no person or pet was poisoned. The buzzards were not so lucky.

This case has been in the works for some time, first reported a year ago and then delayed for legal technicalities (see here, here and here). Sentencing for his latest conviction has been deferred for background reports and will take place in early January. We will watch with great interest.

Whitefield’s previous convictions include failing to ensure the welfare of a buzzard and possession of a buzzard. These offences took place at Culter Allers and he was convicted at Lanark Sheriff Court in September 2008. He received a pathetic £300 fine (see here). Just six months later he was poisoning buzzards. At the time of the first conviction (Sept 2008), he was reported to be a self-confessed member of the Scottish Gamekeepers Association. It is not known if he was a member of the SGA at the time of the buzzard poisoning incidents (March-Nov 2009) or whether he is still a member – you can find out by emailing info@scottishgamekeepers.co.uk

Congratulations to the SSPCA for leading this case and for securing a conviction. Let’s hope the Scottish parliament takes heed next year when they’re consulting on extending the powers of the SSPCA for the investigation of wildlife crime.

STV news story about Whitefield’s latest conviction here

BBC news story here

Lessons in eagle ecology part 2

Hot off the press from the team who brought you Eagles Could Eat Children (see here), this month’s lesson is all about Why Eagles Don’t Nest on Grouse Moors.

Contrary to the endless scientific papers that show unequivocally that eagles (and lots of other raptor species) are absent from many upland grouse moor areas in the UK due to high levels of persecution, the Scottish Gamekeepers Association has today informed us of the real reason they’re absent:

Many grouse moors do not have the isolated nesting habitat which is required by eagles so it should come as no surprise they don’t nest there“.

Strange then, that there are ‘many’ (see quote below) unoccupied eagle nesting territories in Scotland where eagles are known to have bred historically, and that these old nest sites just happen to be on land that is managed for red grouse shooting! Here’s a quote from the Golden Eagle Conservation Framework Report that was published by Scottish Natural Heritage in 2008 (available here) –

The most serious failures to meet favourable conservation status tests were in Natural Heritage Zones in the central and eastern Highlands where less than half of all known territories were occupied. Based on the production of young golden eagles, the populations in these regions should be expanding markedly, but instead they continue to decline (there was a loss of 15 occupied territories between 1992 and 2003, and 86 vacant territories by 2003). This indicates, in the absence of any evidence for emigration, that survival of subadult and/or adult birds is low“.

It’s also strange that before the sentence about ‘many grouse moors do not have the isolated nesting habitat required by eagles’, the SGA tells us this: “A large portion of all eagles fledging takes place on grouse moors across Scotland“. Eh? How can that be, if the habitat ‘isn’t there’?

The SGA article continues with some name-calling (and this from the group who have recently complained to the Scottish Government about how they were being portrayed!) and then some partly-accurate but mostly inaccurate information about siblicide amongst eaglets, before getting in another dig at the Irish Golden Eagle Reintroduction Project (yawn). This all builds up to a grand finale where we’re told:

If you were to read all the media reports you could be forgiven for thinking that raptors only breed safely on reserves. The truth is there are possibly 500’000 raptors in the UK and 350’000 of them will be breeding successfully on land used for game sport shooting of some kind. This fact is completely ignored by those attempting to take the moral high ground“.

Hmm, I’d be really interested to see the data that this “fact” is based upon. Especially in light of the recently published scientific paper (see here) that shows, again unequivocally, that peregrines nesting on grouse moors in northern England are 50% less successful than peregrines that breed on non-grouse moor habitat.

Interestingly, the SGA article makes no comment about the poisoned buzzard and poisoned bait that was found on Glenlochy Estate and was reported in the media two days ago (see here). The SGA wouldn’t be trying to deflect attention from yet another disgusting and illegal poisoning incident, would they?

SGA article here

Poisoned buzzard found near poisoned bait on Glenlochy Moor

Northern Constabulary has today issued a warning to dog walkers in the Strathspey area after a distressed buzzard was found near a poisoned bait on Glenlochy Moor. The buzzard and grouse bait were found in late September in the Haughs area above Cromdale, and the bait was sent for toxicology testing. The results showed that it had been laced with the banned pesticide Aldicarb. The buzzard apparently recovered and was later released.

This is not the first time poisoned baits and birds have been discovered in this area, which is well known for its driven red grouse moors. Some previous incidents include (but are not limited to) the discovery of a poisoned buzzard and a red kite in 2005 – they had been killed by the banned pesticide Carbofuran. No charges were brought (see here). In 2008, a high-profile police raid was carried out on Glenlochy Moor after the discovery of poisoned buzzards and red kites, and poisoned baits (see here). No charges were brought. In May this year, a poisoned buzzard was discovered in the nearby area – it had been killed by Carbofuran and Aldicarb (see here). We are not aware of any charges being brought. And now this latest incident in September 2011. Hmmm. Anyone else seeing a pattern?

Northern Constabulary are to be congratulated for (a) releasing a press release to warn the general public in the area of the dangers of these lethal pesticides and (b) naming the estate where the poison was found. This is a great improvement on some of their recent responses to alleged persecution incidents in their region. However, an earlier press release would have been better, even if they just suspected that poison was present – rather than waiting for six weeks before the test results came back. West Yorkshire police managed to do it earlier this year (see here) – it should be standard practice for all police forces, unless of course they intend to launch an imminent police raid and don’t want to alert the suspects. Nevertheless, we still do applaud this action by Northern Constabulary and welcome their increased interest in illegal raptor persecution in their area. Well done.

Northern Constabulary press release here

BBC News article here