Convicted gamekeeper back in court to answer poisoning charges

A gamekeeper will appear in front of a Sheriff tomorrow, to face charges of illegal raptor persecution incidents that are alleged to have taken place on the shooting estate where he works. Dead buzzards and posioned baits – you get the picture by now.

Nothing especially unusual in that statement, except perhaps the rare occurrence of a wildlife crime prosecution actually reaching court. Although this will be the second case in as many weeks in Scotland – someone is doing their job really well.

However, there is a twist to this one. The accused in tomorrow’s case will be very familiar with the inside of the Sheriff’s court, seeing as he was convicted there not so long ago, for a wildlife crime incident that took place in the same area where the current dead birds and poisoned baits were discovered. 

If he is found guilty tomorrow, it will be very interesting indeed to see what penalty the Sheriff deems appropriate this time, as we’ll be able to safely conclude that the pathetic fine he received as punishment for his previous offence had no deterrent value whatsoever. He may, of course, have been falsely accused and will walk from the court an exonerated man, leaving us all to ponder the mystery of who laid the poisoned baits that killed the buzzards on this estate.

Details that could identify this man have been deliberately excluded from this post in the interests of him receiving a fair trial. Full details will be published once the criminal proceedings have finished.

 

gamekeeper convicted for poisoning offences on Leadhills Estate

A 20 yr old gamekeeper formerly employed on the Leadhills Estate in Lanarkshire was today convicted for laying poisoned baits, contrary to the Wildlife & Countryside Act. In April 2009, underkeeper Lewis H. Whitham was observed by a research officer from the charity OneKind (formerly called Advocates for Animals) staking out a dead rabbit, whose stomach had been split open and sprinkled with the deadly pesticide Carbofuran.

Whitham pleaded guilty at Lanark Sheriff Court and he was fined £800. This had been reduced from £1000 because of his guilty plea. The maximum penalty that can be imposed for this wildlife offence is a fine of up to £5000 and/or six months imprisonment. It is understood that Whitham is no longer employed at Leadhills and has since moved to North Yorkshire.

The Leadhills Estate has a shocking record of alleged wildlife crime incidents in recent years. See blog posts on 4 March, 6 March, 11 March and 14 March for a taster. In addition, OneKind claims that over a period of several months, numerous apparently illegal snares have been discovered on Leadhills, 3 badgers were caught in snares and 2 of these had to be put down due to their injuries, and also dead buzzards have been found in shallow graves.

If this most recent conviction isn’t justification for Roseanna Cunningham’s proposed vicarious liability ammendment to the WANE bill to be accepted, then I don’t know what is. Persistent wildlife crime exposed, yet again, on a so-called sporting estate. It’s disgusting.

Congratulations to OneKind for their dedicated research, and to the SSPCA who took the lead in securing this conviction.

For more details on the Leadhills conviction, see OneKind link here: http://www.onekind.org/onekind/blog_article/leadhills_conviction_strengthens_case_for_liability

Case details from PAW Scotland: http://www.scotland.gov.uk/Topics/Environment/Wildlife-Habitats/paw-scotland/Resources/Newsletters/Issue2/Inthecourts/LewisWhitham2010

SSPCA press release here: http://www.scottishspca.org/news/511_man-convicted-for-poisonings

Crown Office and National Wildlife Crime Unit press releases here: http://www.scotland.gov.uk/Topics/Environment/Wildlife-Habitats/paw-scotland/news/Gamekeeperfined171110

We wait with bated breath (not baited rabbit) for the SGA and SRPBA press releases.

eagle killers getting away with it: Skibo update

Given the deafening silence on the progress of the Skibo case (see blog report 12 May 2010, where it was reported that three golden eagles, one sparrowhawk and one buzzard had been found on the Skibo Estate in north Scotland), we’ve done some digging around.

Last month (see blog post 20 September 2010), we noted that the results from the toxicology investigation on the dead birds had not been made public. We also noted that the results of the police investigation had not been made public. Infact, since the police raid in early May, the only press coverage was that on 21 June 2010, where Skibo gamekeeper Dean Barr had accused the RSPB of planting the dead birds: http://www.dailyrecord.co.uk/news/scottish-news/2010/06/21/gamekeeper-at-skibo-estate-probed-after-three-golden-eagles-are-found-dead-86908-22348349/

We have discovered that the three golden eagles and one sparrowhawk  had all been killed by eating poisoned baits, according to scientific analysis undertaken by government scientists. Their results conclude that two of the golden eagles, plus one sparrowhawk were killed by the banned pesticide Carbofuran. They state the third golden eagle was killed by the banned pesticide Aldicarb. Click here for the SASA report detailing these incidents: SASA poisoning positive results 2010

Given the confirmation that these  raptors that were found dead on Skibo Estate in May 2010 had been killed by illegal poisons, it is worrying that there has been no formal notification of any charges brought against anybody for these crimes.

Does this mean that, along with every other single case of eagle persecution in this country, the eagle killer(s) in the Skibo case will be getting away with it?

It is perhaps timely that the WaNE bill is currently being reviewed by the Scottish parliament. Measures proposed in that bill will, if implemented, help to stop these criminals getting away with murdering our iconic birds of prey. For example, if the concept of vicarious liability is accepted, then the Estate Owner/Manager will take full legal responsibility for the actions of their staff.

Right now, nobody takes responsibility and we’re all sick of reading these news stories about yet another eagle/kite/buzzard/peregrine/goshawk/osprey/sparrowhawk/tawny owl/hen harrier/kestrel being persecuted.

gamekeeper claims poisoned red kite was “planted”

poisoned red kite

An un-named gamekeeper from the estate in Tayside where a poisoned red kite was found in July 2010 has denied all involvement and claims the dead bird was “planted“.

The self-proclaimed SGA member said: “There is something funny about this and I think someone else has killed this bird and planted it on my estate. Why they have done that, I don’t know“.  This view will come as no surprise to the regular readers of this blog – it is the standard line that is heard so often from the SGA.

He went on: “Anybody who does this should be jailed because it’s not on and I have never done anything like this in my life“.

Interesting that over the last 15 years, the following have all been found dead, confirmed poisoned, on this estate: 9 buzzards, 2 sparrowhawks, 2 crows, 1 gull, 1 tawny owl, 1 pole cat, 1 domestic cat, and now 1 red kite. In addition, 12 poisoned baits have been discovered there (see blog post Aug 27 2010). Whoever is doing the “planting” is managing to maintain a long-term campaign of illegal killing.

Full article about the un-named gamekeeper in The Courier here: http://www.thecourier.co.uk/Living/Outdoors/article/4416/gamekeeper-claims-poisoned-red-kite-was-planted.html

SGA wants buzzards back on the vermin list

A recent episode of Fieldsports TV was dedicated entirely to the views of the Scottish Gamekeeper’s Association Chairman, Alex Hogg, who, according to the programme’s presenter, wants buzzards back on the ‘vermin’ list. And there was me thinking we were in 2010, not 1910.

What justification does Alex use to support this Victorian attitude?  “The biodiversity in Scotland is seriously being threatened by buzzards“. Presumably then, Alex doesn’t view buzzards as a fundamental component of biodiversity! I would argue that biodiversity in Scotland is seriously being threatened, but not by buzzards, nor any other predator for that matter, but by the actions of those gamekeepers who persecute raptors and also release millions of non-native gamebirds into the environment with little apparent consideration for the ecological impact of these birds.

In the revealing interview, Alex argues for the provision of government-endorsed licences to kill buzzards. He then realises that this view probably does not fit with the recent image he has been trying to portray of the gamekeeper, and that his view is probably going to be distasteful to the majority of the general public, so he modifies it by saying, “We don’t need a licence to kill that many – it’s just a few rogue buzzards“. Are these “few rogue buzzards” in addition to the many buzzards (and kites, eagles, harriers, peregrines, goshawks, sparrowhawks, owls) that continue to be illegally persecuted by gamekeepers across Scotland? And how many is “just a few“? In his recent application for a licence to kill buzzards on the estate where he works, he asked to kill 12. Let’s do a crude estimate here – let’s say there are approximately 400 sporting estates in Scotland, and each one wants to kill 12 buzzards a year – that would be a total of 4,800 buzzards killed per year. Hardly “a few“.

If you want to hear more of Alex’s views, the episode is available on YouTube here: http://www.youtube.com/watch?v=8nlcfdmUX4I

dead buzzards spark police probe in Badenoch

A dead buzzard

Police have begun an investigation into the possible poisoning of buzzards in the Scottish Highlands area of Badenoch.

Northern Constabulary said a member of the public had found a dead buzzard on an un-named (of course) sporting estate at the weekend. A follow-up search by the police led to the discovery of a second buzzard.

Tests are currently being carried out to determine whether the birds were poisoned.

BBC news story: http://www.bbc.co.uk/news/uk-scotland-highlands-islands-11204012

Northern Constabulary appeal for information: http://www.northern.police.uk/News-and-Media/news-item.htm?item_id=PR2588_2010

Is Edradynate Estate the place where the red kite was found poisoned?

The location where the dead red kite was found in July (now confirmed to have been poisoned – see earlier blog below) was given by Tayside Police as “Strathtay, near Aberfeldy”, Perthshire. I mentioned a number of sporting estates in my earlier post that have their addresses in this area. I’ve since investigated further and look what I’ve found –

According to Tayside Police’s press release about the latest dead red kite, over the last 15 years the following have been found poisoned in the same area where the recent red kite was found dead – 9 buzzards, 2 sparrowhawks, 2 crows, 1 common gull, 1 tawny owl, 1 pole cat and 1 domestic cat. In addition, they say 12 poisoned baits have also been found.

Compare the above list of dead animals & poisoned baits with the following list of dead animals & poisoned baits, which was reported in the RSPB’s Legal Eagle newsletter (January 2005, #43, page 3) – “In 14 separate incidents since 1998, 16 poisoned victims (9 buzzards, a cat, a tawny owl, 2 sparrowhawks, a common gull, a pole cat and a crow and 12 poisoned baits [rabbits, woodpigeons and a pheasant]) have been found, with traces of the pesticides mevinphos, carbofuran and alphachloralose“.

The 2005 RSPB report relates to the Edradynate Estate, which is situated in Strathtay, near Aberfeldy. Coincidence? You decide.

Nobody was convicted for the earlier alleged offences at Edradynate Estate  thanks to the apparent chronic mishandling of the prosecution case. The Edradynate Estate head gamekeeper (aged 55) and underkeeper (22), both of Aberfeldy, were arrested in 2002 and charged with nine offences relating to the use of poisoned baits and also bird cruelty, including the use of spring traps. On 22 July 2004, two years after the original arrests and 13 court hearings later, the Fiscal dropped the case against them at Perth Sheriff Court. A spokeswoman for the Crown Office admitted the time taken to prepare the case for a trial had been a major factor in the decision to scrap it.

Link to RSPB Legal Eagle #43 here: legal_eagle_43_Jan2005

News report about the failed 2004 court case here: http://www.thefreelibrary.com/Fury+after+’bird+killers’+walk+free.-a0119726014

and here: http://scotlandonsunday.scotsman.com/nature/RSPB-Fury-as-gamekeepers-escape.2548762.jp

Tayside police investigate after dead red kite confirmed poisoned

Poisoned red kite

Tayside police have launched an investigation after yet another incident of illegal raptor poisoning. A red kite was found dead in the Strathtay area (near Aberfeldy, Perthshire) at the end of July, and government toxicology reports have confirmed the kite was poisoned.

According to Tayside police, 5 buzzards and a tawny owl met with the same fate in the same area last year. In addition, 9 buzzards, 2 sparrowhawks, 2 crows, 1 gull, 1 tawny owl, 1 pole cat and 1 domestic cat have also been found poisoned in the same region over the last 15 years.

According to the Scottish Raptor Study Groups website, a total of 12 poisoned baits have also been recovered from the same estate where the red kite was found dead.

Tayside Police’s Wildlife Crime Officer Alan Stewart had the following insight:

There is no doubt that the scourge of poisoning wildlife in Scotland has decreased in general terms in recent years. However, there remain a number of ‘hotspots’ that blight our civilisation and our reputation worldwide“.

Alan Stewart

It’s an interesting perspective from someone closely involved with the PAW Scotland group and who really should know better. Has he not read the latest figures that were only published in August this year that demonstrate an increase in illegal wildlife poisoning events? The only thing that has decreased in recent years is probably Tayside Police’s track record of successful prosecutions for raptor persecution incidents.

It’s also interesting to note that once again, the name of the estate involved has not been made public, even though poisoned baits have been found there. There are a number of sporting estates in this area, and it could be any one of the following:

Finynate Estate, Innerwick Estate, Edradynate Estate, Glen Lyon Estate, Chesthill Estate, Remony Estate.

Or may be it’s another estate? Who knows. That’s reassuring for those of you who live in the area, whose children play in the area, whose pets walk in the area, and also for you visitors who come to our countryside to enjoy it, not to find dead raptors or have your dog/child poisoned while out on your holidays.

BBC news story: http://www.bbc.co.uk/news/uk-scotland-tayside-central-11098865

Scottish Raptor Study Groups website: http://www.scottishraptorgroups.org/news.php

Young Gamekeeper of the Year winner is employed on estate with history of alleged criminal activities

The winner of this year’s Young Gamekeeper of the Year Award, as selected by the Scottish Gamekeeper’s Association, is 20-year old Graeme Dunlop, whose beat is the 14,000-acre North Drynachan Moor on Cawdor Estate near Nairn. Graeme stated in a post-award interview that he was, “Worried that the occasional discovery of poisoned birds is undermining all the political work being done by the SGA. We all know there’s no need for it in this day and age because there’s a place for everything. Nature will sort itself out.” If Graeme is serious in his condemnation of raptor persecution he is certainly in the right place to make a difference.

Cawdor Estate has been plagued with accusations about the persecution of birds of prey and cruelty to animals (none of which have been proven), and has been labeled as “an ecological desert”.

1992: A buzzard, magpie and sheep all laced with Strychnine are discovered on the Estate. 1993: A buzzard poisoned by the toxin Alphachloralose, found on Forestry Commission land 100 metres from the boundary of Cawdor Estate. 1994: Three buzzards and rabbit bait found poisoned by Alphachloralose on Cawdor. 1996: Three baits discovered containing poisons found on Cawdor: a hare laced with Alphachloralose, a goat with Aldicarb and a widgeon with Strychnine. 1996: A hidden pit containing suspected birds of prey poisoning kit uncovered by investigators three miles from Cawdor Castle. 1999: A report sent to the procurator fiscal alleging that mountain hares were illegally persecuted in snares on Cawdor Estate. 2000: A second report submitted to the fiscal claiming mistreatment of hares on Cawdor Estate. 2001: A dead golden eagle found on Cawdor Estate confirmed to contain the lethal poison Carbofuran. Naturally, no prosecutions ever resulted for any of these alleged offences.

In 1992, Cawdor Estate’s Sporting Manager was charged with wildlife offences. These related to the improper use of snares and allegations of cruelty involving hares. Charges were later dropped by the procurator fiscal due to “evidential difficulties”.

The award is presented by the Scottish Gamekeeper’s Association whose chairman, Alex Hogg, is no stranger to readers of this blog. On one hand Alex is a proud member of PAW (Partnership for Action Against Wildlife Crime) and publicly states that he and the SGA abhor the illegal persecution of raptors. On the other hand Alex has been making applications for licences to kill raptors to the Scottish Government for years now, all of which have been rejected. Alex’s simplistic view is, Scotland has a problem with illegal raptor persecution so legalise it and the problem disappears. Genius!

The award was presented at the Highland Field Sports Fair held at Moy Estate last weekend. Moy Estate is where two men have recently been charged with wildlife and firearms offences following the discovery of several dead raptors in suspicious circumstances.

Also attending the fair at Moy last weekend was The Scottish Rural Property and Business Association (SRPBA). This is the group that organised the letter signed by numerous Scottish estates to Environment Minister Roseanna Cunningham, condemning the illegal poisoning of wildlife in Scotland. This letter turned out to be rather embarrassing when we revealed that several of the estates had past convictions for wildlife crimes, or indeed were being currently investigated for them –  Moy Estate falling into the latter category.

Yet still we hear the repeated claims from SGA and SRPBA that they are doing all they can to stop raptor persecution by eliminating the ‘rogue’ members who continue this disgusting tradition. How does attending this fair on Moy Estate translate as ‘doing all they can’?  I trust their bed-fellows involved with the PAW Scotland group will be asking the very same question.

We wish Graeme the very best of luck and hope that he can use his award to influence and educate others in the industry about the illegality of raptor persecution.

For the SGA press release about the award: http://www.scottishgamekeepers.co.uk/content/young-gamekeeper-year-announced

Hogg Wash…

The Scottish Gamekeepers Association website is always an entertaining read. Whether it’s Alex Hogg, that self styled guardian of the countryside, promoting the idea of law abiding gamekeepers becoming special constables or discussing whether Scotland or Ireland is the most likely place for eagles to be poisoned.  It’s like a tweed clad version of the ministry of misinformation.

I particularly look forward to the rather infrequent entries in our old friend Alex Hogg’s blog. In this most recent entry on “Hogg Blog” ,Alex tells us of his continuing battle with the Scottish Government over licences to kill buzzards and his apparent disbelief and frustration that he will not be granted a licence to kill these pesky birds that  have the audacity to eat a few of his pheasants. I can’t imagine why he sounds so surprised as none other than the Environment Minister, Roseanna Cunningham had announced this fact weeks ago.

It seems incredible that in a modern forward thinking country, in this International Year of Biodiversity and with Scotland’s shocking record of raptor persecution that the legalised killing of raptors should be on anyone’s agenda.  Anyway, here’s his entry for 4th Aug 2010 a mere 12 days after the RSPB announced that 2009 had been the worst year for raptor persecution for 20 years.

Its buzzard central here and they’re not just predating the release pens. Only an hour ago I watched one fly off with a poult it killed within a few yards of the garage beside my house and I’m pulling my hair out with frustration.

We put in every possible deterrent and I really thought the problem wasn’t going to be so bad this year but the last week has been a nightmare. So on Friday I contacted the local Government office and asked inspectors to come and see the problem and issue a licence to control the buzzards that are doing most of the killing. They came yesterday (four days later) and heard and saw the menace for themselves. At one point we could hardly hear ourselves speak for the noise the birds were making.

But the officials confirmed what we have suspected for the last six weeks: that despite the SGA negotiating the conditions for the issue of such licences with Government at numerous meetings over the past year, the process has come to an abrupt halt. No licences will be forthcoming. No matter how severe the problem.

What the hell do I do now?

 

My goodness Alex, it looks like you’ll be trawling ebay for a set of ear defenders and a wig.