Poisoned buzzards and bait reportedly found on Edradynate Estate

Following blog posts on 6, 7 and 11 April….

The name of the Perthshire sporting estate raided by Tayside Police earlier this month, following the discovery of poisoned buzzards and poisoned bait in March 2011, has been recently reported on the raptor study group website as Edradynate Estate.

Described by Tayside Police Wildlife Crime Officer Alan Stewart in 2005, “Edradynate Estate, which is owned by an absentee landlord from Hampshire, has probably the worst record in Scotland for poisoning incidents, going back more than a decade. In 14 separate incidents since 1998, 16 poisoned victims (nine buzzards, a cat, a tawny owl, two sparrowhawks, a common gull, a polecat and a crow) and 12 poisoned baits (rabbits, woodpigeons and a pheasant) have been found, with traces of the pesticides mevinphos, carbofuran and alphachloralose”.

His comments were made after the collapse of a trial concerning two gamekeepers from the estate, who were charged with various offences involving the alleged poisoning and trapping of birds of prey. The case was dropped by the Procurator Fiscal, reportedly because of the time taken for the case to be heard. Full story here: http://www.rspb.org.uk/Images/legaleagle43_tcm9-132966.pdf

Since his comments, there have been more discoveries of poisoned birds on this estate, and public denials in the media of any involvement by estate gamekeepers, who claim the dead birds must have been ‘planted’ by someone else. Nobody has ever been convicted for wildlife crime offences on this estate and still the poisoning continues. Let’s hope that Tayside Police are able to detect the perpetrator(s) of the most recent poisoning incident.

Interestingly, it is also reported on the raptor study group website that Edradynate Estate is believed to be a member of the SRPBA and that at least one gamekeeper is a self-confessed member of the SGA. This is difficult to verify though as, conveniently, neither group publicises the names of their members. Both of these groups have made many public statements about how they deplore illegal raptor persecution and how they are working hard to eradicate it. They are both also members of PAW Scotland. It was reported last year that the CEO of the SRPBA paid a visit to Edradynate Estate – perhaps to apply some much needed ‘peer pressure’. If he did, then he is to be congratulated for his efforts, although judging by recent events it would appear that peer pressure was unsuccessful. Or perhaps it was successful, and the latest deaths were attributable to those pesky carcass planters – you know, the ones who have never been seen or heard but who are managing to plant poisoned birds on sporting estates up and down the country…

Five separate poisoning incidents unreported at end of 2010

Earlier this month, PAW Scotland released the ‘2010 poisoning hotspots’ maps as part of their annual reporting. Along with the maps, they released a report called ‘Bird of Prey Poisoning Incidents 2006 to 2010 – Incident Details’. Here is a PDF of that report: 0114784

The name is a bit of a misnomer, as the ‘incident details’ are about as vague as you can get. However, the report does have its uses. There appear to be five separate poisoning incidents that took place between October and December 2010 that were not apparently reported/publicised in the press; three incidents in Tayside and one each in Lothian & Borders and Strathclyde. An internet search has failed to locate any information about these cases. Why do you think Tayside Police, Lothian Police, Strathclyde Police, and the RSPB (if they were involved in the investigation) were so quiet about these incidents?

Ref 10192: 1 buzzard poisoned by carbofuran, 2 pigeon baits. Oct 2010, Tayside.

Ref 10196: 2 buzzards poisoned by carbofuran isofenphos. Oct 2010, Tayside.

Ref: 10204: 1 buzzard poisoned by carbofuran. Nov 2010, Lothian & Borders.

Ref 10206: 1 buzzard poisoned by carbofuran, 1 pheasant bait. Nov 2010, Strathclyde.

Ref 10225: 1 red kite poisoned by chloralose. Dec 2010, Tayside.

Update on pending court cases

Nicholas Parker, head gamekeeper on the Holkham Estate, Norfolk, was due to appear before King’s Lynn Magistrates on Wednesday 9 February 2011 to answer the following charges:

  • Killing a Schedule One bird
  • Taking game out of season
  • Possessing ammunition for a firearm without a certificate
  • Possessing a shotgun or rifle for committing an ‘either way’ offence
  • Possessing a shotgun without a certificate
  • Contravening the Wildlife & Countryside Act.

Parker’s case has been postponed and is now due to be heard on 2 March 2011. (See blog post 25 January 2011 for original story).

A convicted gamekeeper in Scotland (name removed for legal reasons) was due back in court on 2nd December 2010 to face charges of using poison to kill multiple buzzards on a sporting estate. This case was postponed due to bad weather and was re-scheduled for 23 December 2010. The second trial was postponed after the defendant lodged an appeal on a legal technicality. This appeal is still pending. We will post an update in due course. (See blog posts Dec 1 & 21 for original story).

HOT OFF THE PRESS – there will be a forthcoming trial in March/April concerning alleged raptor persecution incidents in Derbyshire. Watch this space!

Head gamekeeper charged with wildlife crime & firearms offences at Holkham Estate, Norfolk

The head gamekeeper at Holkham Estate, Norfolk, has been charged with  a series of wildlife crime and firearms offences following a police investigation, according to The Fakenham Times.

41 year-old Nicholas Parker of Main Road, Holkham, has been charged with the following: killing a Schedule One wild bird, taking game out of season, possessing ammunition for a firearm without a certificate, possessing a shotgun or rifle for committing an either way wildlife offence, possessing a shotgun without a certificate, and contravening the Wildlife and Countryside Act.

He has apparently been suspended from his job since the allegations came to light last year. The report says he has been released on police bail and will appear before King’s Lynn magistrates on Wednesday 9 February 2011.

News story here: http://www.fakenhamtimes.co.uk/news/country_estate_head_gamekeeper_charged_1_782567

Nicholas Parker joined the Holkham Estate staff in April 2008, after working for six years for the Van Cutsem shoot on Mossdale Estate in North Yorkshire. Here’s his self-introduction in the Holkham Estate newsletter (page 13): Holkham Estate newsletter 2008

It’s not the first time that Holkham Estate has been at the centre of a wildlife crime investigation. In March 2000, a Holkham Estate gamekeeper was fined £850 for the killing of three kestrels on the estate. He admitted to shooting two birds and poisoning a third with a Carbofuran – baited pheasant carcass because he blamed them for attacking young partridges. Following the keeper’s conviction, a 37 year-old land agent and a 62 year-old head keeper were both convicted of three charges of allowing the gamekeeper on the 25,000-acre estate to illegally store poison. Although they denied the charges, they were fined £1,200 and £750 respectively. They both appealed and their cases were heard at Norwich Crown Court on 9 October 2000. Judge Lawrence stated that, although the standard of supervision of the use of poisons on the estate “left something to be desired”, he had reached the conclusion that the gamekeeper was acting independently. Both appeals were upheld.

Twelve charges were also brought against Viscount Coke, heir to the family’s estate in north Norfolk, for allowing the gamekeeper to illegally use poison on the estate. However, Fakenham magistrates said the Viscount had no case to answer. It is claimed that Viscount Coke threatened to sue the police and the crown prosecution service after he was cleared of all involvement. News story here: http://www.independent.co.uk/environment/peers-gamekeeper-fined-for-killing-three-kestrels-721792.html and here: http://nwhsa.redblackandgreen.net/convicted_gamekeepers.htm

It’s very interesting to note that the name of the convicted gamekeeper appears in the latest edition of the Holkham Estate newsletter (Winter 2010) – still employed there then, even with a criminal conviction? So much for estates wanting to rid the industry of those who persecute raptors!

The now 45 year-old Viscount Coke appears to be quite a character. Educated at Eton, he was apparently a former page of honour to the Queen. He took over the estate when his father retired in 2007 and lives with his family in Holkham Hall on the estate. It has been reported that he is a principal trustee and spokesperson for the charity Songbird Survival – notorious for its views against raptors: http://www.againstcorvidtraps.co.uk/songbird_survival/bloodsports

According to the current Holkham Estate website, nine gamekeepers are employed and “a predator control programme is exercised within the law”: http://www.holkham.co.uk/html/farming.html

A former head keeper at Holkham is Simon Lester, now head keeper at the Langholm Moor Demonstration Project in Scotland. Simon & the Viscount’s father, the Earl of Leceister, express their views about raptors in a revealing article here: Holkham Estate partridges & raptors 2006

buzzard poisoners in Derbyshire get away with it

On 30 April 2010, an article was posted on this blog about an investigation by Derbyshire police into the apparent poisoning of six buzzards. Here’s a quick re-cap:

On 22 February 2010, two dead buzzards were found in Jebbs Lane, Idridgehay, nr Ashbourne in Derbyshire. The birds were believed to have been poisoned. On 7 April 2010, a further four buzzards were found dead nr Kirk Ireton, just a few miles away from the dead buzzards that had been found in February. These four buzzards were also believed to have been poisoned, and were found next to a dead pheasant, believed to have been used as a poisoned bait.

In a recent report, the following details have emerged on the outcome of this investigation:

Feb 22 2010: 2 dead buzzards found on the ground and chicken bait found in a tree. Analysis has confirmed a residue of Carbofuran in the gizzard of both birds, which is likely to be the cause of death. As the police have failed to identify a suspect, this case is now closed“.

April 7 2010, link to Feb 22 case: 4 buzzards found dead, 2 baits (pheasant & hare). Six buzzards have now been found on this estate. The estate is trying to make the shooting part of the estate viable and new gamekeepers have been employed. Analysis has confirmed a residue of Carbofuran in the crop content of the birds. The amounts are significant and are likely to be the cause of death. An advisory letter to dispose of Strychnine found has been sent and complied with. This case is now closed“.

So, six buzzards are confirmed to have been poisoned by Carbofuran (a banned pesticide) and two poisoned baits were found on the same sporting estate within a small period of time. The name of the estate has not been published (surprise!). Presumably, a search of the un-named estate failed to uncover any stocks of Carbofuran, but did uncover a stock of Strychnine. Strychnine is also a banned pesticide, outlawed in the UK since September 2006 by the EU’s Biocide Directive, which states that it can no longer be sold or stored in the UK. Instead of being prosecuted for this illegal stash, the criminals get sent an ‘advisory letter’. No action is taken against them for the six illegally poisoned buzzards.

And if you think this is an unacceptable outcome, the news we will release shortly (about another case) will blow your mind….

illegal poisoning hampers red kite population growth in Scotland

On the face of it, Scotland’s red kite population appears to be doing well. Red kites used to be a common and widespread feature of our countryside, but became extinct in almost the entire United Kingdom in the early 1900s, after gamekeepers persecuted them to oblivion. A national reintroduction project began in 1989, bringing kites from mainland Europe and releasing them at strategic locations throughout the country.

Figures just released from the 2010 breeding season show that in Scotland, the numbers of breeding pairs are thought to be at their highest level since the project began in 1989. 166 breeding pairs were located, and 291 young fledged – an increase on 2009 figures.

However, recent scientific research has shown that the Scottish red kite population is not growing as rapidly as a similar reintroduced population in southern England, mainly due to the continued use of illegal posion being laid out in the Scottish countryside. As kites are a scavenging species, they are particularly susceptible to feeding from poisoned baits. At least 6 red kites were poisoned in Scotland in 2010 – and these were just the ones that were found. The illegal poisons Carbofuran and Aldicarb were responsible for their deaths. We also know about several more red kites that had been found dead in suspicious circumstances but that the police chose not to investigate. In addition to the illegal poisoned baits, 11 young kites died after eating prey that contained high concentrations of legal rodenticide. Although legal, there are still precautions needed when using rodenticides and efforts are being made to ensure that those people using this method of poison are fully aware of the user guidelines, especially about placement of the bait.

In addition to illegal and legal poisoning, in recent years Scottish red kites have also been killed illegally by being shot, and by being caught by the legs on a spring trap and being clubbed to death.

BBC News story: http://www.bbc.co.uk/news/uk-scotland-highlands-islands-12088673

two more buzzards poisoned in Scotland

Two dead buzzards found next to a poisoned rabbit bait were poisoned by carbofuran. The buzzards and the bait were discovered in a farm field near Boat of Garten on October 15 this year, by staff from the Strathspey Estate. They called the police and the birds were sent off for toxicology tests. A spokesman from Strathspey Estate said they were shocked by the poisoning. He added, “Considering the efforts made to enhance the wildlife conservation and biodiversity on the estate, it is inconceivable that any of our staff had any part whatsoever in the laying of poisoned bait“.

Northern Constabulary and Strathspey Estate are “working closely” to find those responsible. I’m not sure how delaying the news of these deaths for 7 weeks will have helped the investigation but still, at least Northern Constabulary appear to be involved this time. Shame we can’t report the same for the two poisoned eagles found dead on Northern Constabulary’s patch back in June. Six months have now elapsed and still no news…

BBC news for the buzzard poisoning: http://www.bbc.co.uk/news/uk-scotland-highlands-islands-11958330

Strathspey Estate is owned by the Earl of Seafield, who also owns the Seafield Estate. A buzzard was found poisoned by chloralose on Seafield Estate back in 1991, but no further public records of alleged raptor persecution have appeared since then. Strathspey Estate is actively involved in projects on capercaillie and Scottish wildcat, and is also helping with the satellite-tracking of two golden eagles born on the Estate in summer 2010. The Earl of Seafield signed the SRBPA/SEBG letter to Roseanna Cunningham in May 2010, on behalf of the Seafield & Strathspey Estates, condemning the illegal poisoning of raptors in Scotland. Sandy Lewis, the Chief Executive of Seafield Estate was previously the Chair of the SEBG (Scottish Estates Business Groups), and is, according to the SEBG website, currently their regional rep for North and West Scotland. He was involved in a fascinating legal case earlier this year, involving a grouse-shooting lease in Strathspey. The case also involved land agents Mark Osborne and Nick Baikie, familiar names to readers of this blog. Here are two links to that story:

http://findarticles.com/p/news-articles/mail-on-sunday-london-england-the/mi_8003/is_2010_August_8/pocket-sportsman-grouse-court-told/ai_n54730059/

http://www.scotcourts.gov.uk/opinions/2010CSOH62.html

Scottish golden eagle poisoned in Ireland

A young golden eagle, just a few months old, has been poisoned and killed by the illegal pesticide Carbofuran in Ireland. The young bird was born in the Outer Hebrides earlier this summer, and was donated to the Irish golden eagle reintroduction project, where it was released in August 2010. It was found dead on 1st November 2010, aged 5 months old. Tests revealed it was killed by Carbofuran. Police are investigating.

This brings the total known eagle deaths resulting from illegal poisoning in the British Isles this year to TEN (4 golden eagles & 1 sea eagle in Scotland, and 3 sea eagles & 2 golden eagle in Ireland). Take note, John Scott MSP – is this what you call imaginary?

WHEN IS THIS GOING TO STOP?

Full news story here: http://www.bbc.co.uk/news/uk-northern-ireland-11937623

Law to stop raptor poisoning likely to be strengthened

As many of you will know, for the past few months the Rural Affairs & Environment Committee of the Scottish Parliament has been hearing evidence on the proposed WaNE bill (Wildlife and Natural Environment (Scotland) Bill. Certain measures included in this Bill will, if accepted, help to address the on-going issue of illegal raptor persecution across Scotland.

The RAE Committee has today published its Stage 1 Report of this Bill, and they should be congratulated for their interest in, and support of, many of the suggestions made by several wildlife conservation groups to tackle raptor persecution crimes.

In a press release, Committee Convenor Maureen Watt MSP said, “We utterly condemn wildlife crime and the poisoning of iconic birds of prey such as the golden eagle and the hen harrier. The law clearly needs to be strengthened and introducing vicarious liability appears to most of us to be a step in the right direction.”

Stage 2 of the WaNE Bill is expected to take place in December.

Here is a summary of the relevant parts of the report that deal with raptor persecution:

The Committee condemns as wholly unacceptable the illegal killing of raptors which continues across Scotland. The Committee recommends that the Scottish Government instructs police forces to investigate rigorously suspected cases of raptor persecution. The Committee also recommends that the Scottish Government likewise instructs the Crown Office and Procurator Fiscals office to prosecute wildlife crime vigorously.

The Committee concludes, from all evidence taken on this issue, that detection, investigation and prosecution of this crime is not resulting in a significant reduction in cases of raptor persecution, and that this should be addressed.

The Committee welcomes the Scottish Government’s intention to bring forward an amendment at Stage 2 to introduce a vicarious liability offence in the Bill, which it considers to be a helpful step in the right direction. The Committee awaits further detail on this, which was not available before the conclusion of evidence-taking at Stage 1. The Committee recognises there could be significant challenges in securing convictions under such new provisions, but believes the strengthening of the law in this regard is a helpful addition to the range of provisions available for potential prosecution.

The Committee notes that the majority of private landowners are appalled by raptor persecution. The Committee considers that such landowners should have nothing to fear from a vicarious liability provision.

The Committee welcomes the principle of the estates initiative, a voluntary good governance scheme for private land managers currently being prepared by the SRPBA, and agrees with the Minister that the scheme should be supported and given an appropriate amount of time to become established. However, the Committee also notes that the scheme will be voluntary and will therefore lack the power to compel estates that do not wish to take part. The Committee would welcome clarification from the Minister on how she plans to support the initiative.

The Committee accepts that it would represent a challenge and a significant development of policy to introduce a fully worked up system for licensing sporting estates in the Bill at this stage. The Committee also notes that the issue would not have been subject to consultation and as a result introducing such a system would be inappropriate at this time. However, the Scottish Government may wish to consider the appropriateness of introducing an enabling power in to the Bill which would permit them to introduce a licensing scheme, only after full consultation with stakeholders and parliamentary scrutiny under the super-affirmative procedure. Should it take the power, the Scottish Government could consider formally adopting the estates initiative with appropriate modifications as a code of conduct applicable to all estates. However, any such power should only be used if the Scottish Ministers are not satisfied that the voluntary approach to good governance and any vicarious liability offence are working.

The Committee notes Sheriff Drummond’s proposal to establish a presumption of guilty intent for anyone found in possession of a regulated substance. The Committee also notes his comments on whether an employer could be proven to have knowingly caused or permitted the possession of such a substance. The Committee considers that Sheriff Drummond’s proposals, and the introduction of a vicarious liability offence, are not mutually exclusive, and invites the Scottish Government to consider the proposal.

The Committee also notes the view that there is a further gap in the armoury of potential offences, that which seeks to catch those “concerned in” the use of illegal poisons for the purpose of raptor persecution or in other activity “concerned in” the offence of bird persecution. The Committee urges the Scottish Government to consider developing further offences which cover these points to further strengthen the grounds for potential prosecution.

The Committee invites the Scottish Government to consider the merits of announcing an amnesty on illegal substances such as carbofuran.

The Committee recommends that the Scottish Government reports to Parliament annually on the number of illegal raptor killings, detailing the number of cases brought and those which were successfully prosecuted.

The full report can be read here: http://www.scottish.parliament.uk/s3/committees/rae/reports-10/rur10-08-00.htm

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.