A man has been convicted of carrying out a ‘catalogue of animal abuse’ whilst employed as the Head Gamekeeper at Cabrach Estate in Morayshire.
David Scott, 34, appeared at Elgin Sheriff Court on 15 September to answer charges relating to the alleged neglect of 14 working dogs whilst he was employed as Head Gamekeeper at Cabrach Estate between 27 July and 22 September 2022.
The dogs were found during an Scottish SPCA raid at his home address on the estate after a tip off about the alleged conditions in which he was keeping his dogs. Full details are provided below about the appalling lack of care and all 14 dogs were seized by the SSPCA, provided with urgent veterinary attention and have since been re-homed.
Scott had also been charged with training a male black and tan dog called Boysie to fight and had videoed those fights, said to have taken place at his home address on the estate, on his phone and shared them with others. The Fiscal agreed to drop this charge and another charge that alleged that, whilst at Cabrach and Glenfiddich Estate on 13 July 2022, David Scott let his dog attack a fox that had been caught in a snare.
It’s not clear to me why the Crown agreed to drop the animal fighting charges as part of a plea bargain and instead chose to just accept guilty pleas to the neglect charges. Plea bargaining happens in many criminal cases as a way of avoiding a costly trial, but it’s usually the minor charges that are dropped, not the more serious allegations. The Crown Office isn’t obliged to provide an explanation for its decision.
According to an article by a court reporter from the Press & Journal, the sentencing went as follows:
‘On sentencing, Sheriff Robert McDonald said Scott had “failed to keep a grip” on his animals, adding: “No matter how bad your life is, your animals still need looking after. The dogs don’t care. If things are tough, you should make arrangements for them.
“I am conscious of your employment and that you may be around dogs when out on a shoot. I have the power to impose a custodial sentence or a £20,000 fine.
“However, I have taken this into account and take a serious view and will impose a fine.”
Scott was fined £1,275 and banned from owning more than two dogs for a period of three years‘.
The P&J article also reported that Scott had ‘lost his position as head gamekeeper after the raid and had been “demoted sideways”, whilst still earning a salary of £40,000 plus accommodation worth £15,000 per annum‘. According to my local sources he now works as a ‘handyman’ on the estate.
Cabrach Estate will be familiar to long-term blog readers. In 1998, a joint RSPB and Police investigation recorded ten persecution incidents between February and May. These included the discovery of 24 poisoned baits (ten rabbits, six pigeons, six grouse and two hares) that had been laid out on the hill. Three illegal pole traps were also found on the estate as well as an owl with legs that had been smashed in a trap. A dead peregrine was also discovered in the back of the head gamekeeper’s Land Rover – tests revealed it had been poisoned with Carbofuran. The head gamekeeper was convicted (for possession of the dead peregrine) and fined £700 (see here) but prosecutions for the other offences were not forthcoming, presumably due to the difficulty of identifying an individual culprit.
In April 2006 another gamekeeper on this estate was filmed shooting two buzzards that had been caught inside a crow cage trap. After he’d shot them he hid them inside a nearby rabbit hole. He was convicted and fined a pathetic £200 (see here). What wasn’t mentioned in court was that the corpses of another eleven shot buzzards had been retrieved during the investigation from nearby rabbit holes (see here).
And in 2017, the Crown Office dropped a long-running investigation into the alleged shooting of a hen harrier on Cabrach in 2013, caught on camera by the RSPB (see here). This resulted in widespread public fury and questions were asked at First Minister’s Question Time.
Here’s the article from the Press & Journal:
David Scott, 34, appeared at Elgin Sheriff Court accused of neglecting 14 dogs in his care between July 27 and September 22 2022.
The Crown accepted a not guilty plea from his wife, Gillian, and an amended guilty plea from her husband.
The court heard Scott had been head gamekeeper at Carbrach and Glenfiddich Estates until the raid on his home in September last year.
Fiscal depute Karen Poke said the SSPCA’s special investigation unit had received a tip-off about the welfare of animals being kept by the Scotts during August 2022.
“Due to the immediate and real concern of the nature of the reports,” she said. “The police attended the property on September 7.”
She told the court that what had been found was three “wet, extremely dirty” and “totally unacceptable” kennel blocks, each without any sleeping areas for the dogs.
“There was a strong smell of faeces and urine abundant throughout the kennels,” Mrs Poke went on. “There were no dry areas for the dogs to lie down and no evidence of any dog food.”
The officers, the court heard, found a barrel full of rotten meat and fish and it was suggested this is what the dogs were being fed.
All 14 dogs were removed to the care of the SSPCA and were said to have been “suffering and in distress”.
Scott, who lives with his wife at Bridgehaugh in Dufftown, admitted causing unnecessary suffering and pain to dogs by not seeking veterinary treatment or providing them with essential care.
As part of the plea bargain, a not guilty plea to a charge that Scott trained a male black and tan dog called Boysie to fight and supplied videos of his brawls was accepted by the Crown.
The dogfights were said to have taken place at the home address.
Another offence, whilst at Carbrach and Glenfiddich Estate on July 13 2022, of snaring a fox and letting his dog attack it, was also dropped.
14 dogs were neglected in total
Among the dogs alleged to have been abused were:
Ellie, a female harrier-type dog, who suffered an ear mite infection for weeks without getting treatment.
Babatoots, a female spaniel who also had infected ears and gums for weeks without medical help.
Toots, another female spaniel who suffered from infections of the ears and gums.
Sadie, a female spaniel who had chronic ear infections and conjunctivitis.
In total, he was said to have neglected 14 dogs and was charged with “failing to ensure a suitable environment by way of comfortable and clean resting areas, a suitable diet” causing “suffering, injury and disease”.
Defence counsel Callum Anderson said the couple had been going through a “difficult period” in their lives at the time of the police raid.
He said Scott had accepted the conditions were “awful” and said the kennels had become so wet due to a “torrential storm” the night before.
Mr Anderson said Mrs Scott still owns two dogs as family pets and said the lapse was due to “dramatic circumstances”, including the death of her father and a medical issue around the date of the offences.
“They accept they were not dealing with matters at that time. That is the reason why veterinary treatment was neglected,” he said.
Scott, the court heard, had lost his position as head gamekeeper after the raid and had been “demoted sideways”, whilst still earning a salary of £40,000 plus accommodation worth £15,000 per annum.
“He recognises it was not acceptable and lessons have been learned,” Mr Anderson said.
On sentencing, Sheriff Robert McDonald said Scott had “failed to keep a grip” on his animals, adding: “No matter how bad your life is, your animals still need looking after. The dogs don’t care. If things are tough, you should make arrangements for them.
“I am conscious of your employment and that you may be around dogs when out on a shoot. I have the power to impose a custodial sentence or a £20,000 fine.
“However, I have taken this into account and take a serious view and will impose a fine.”
Scott was fined £1,275 and banned from owning more than two dogs for a period of three years.
ENDS


As regular blog readers will be aware, the Crown Office & Procurator Fiscal Service (COPFS), the public prosecutors in Scotland, have, in the space of two months, either dropped or refused to prosecute five cases of alleged wildlife crime. These include:
Public prosecutors from Scotland’s Crown Office have dropped yet another case of alleged wildlife crime.
Today at First Minister’s Question Time, Richard Lochhead MSP (Moray, SNP) asked the following question:
The First Minister responded: