Tag: crow trap

Crow traps: what you should know part 1

Without even the tiniest weeniest hint of irony, the Scottish Gamekeepers Association is complaining about ‘criminal activity in the countryside’ in reference to the recent alleged release of crows from a trap on a Scottish sporting estate.

Oh and it gets better…. according to the SGA, in response to this criminal activity Northern Constabulary has “issued an appeal for information”. Although we should point out that we’ve been unable to find any public record of this ‘appeal for information’ so we only have the SGA’s word to rely upon. But let’s assume the SGA is telling the truth…

Is this the same Northern Constabulary who apparently failed to fully investigate the suspected decapitation and shooting of a white-tailed eagle on Skye (see here) and the discovery of a poisoned red kite on the boundary of Skibo Estate (see here)?

That’s not the end of the irony either – the SGA goes on to suggest that cameras could be installed at crow traps, presumably to film any member of the public who may be inclined to interefere with the trap (which may amount to a criminal offence). Wouldn’t it be interesting to see whether that film footage would be considered as acceptable evidence in any subsequent prosecution, especially after recent film footage showing the activities of a Scottish gamekeeper using a stick to beat crows to death inside a crow trap on a Speyside sporting estate (see here), was deemed inadmissable evidence?

One rule for one but not the other? Surely not!

In light of the SGA’s recent one-sided promotion of crow traps and their encouragement to SGA members to report suspected trap interference (see here for their article) as well as the landowners’ representative body, Scottish Land and Estates, encouraging their members to do likewise (see here), we thought it only fair that we provide an alternative view on the use (and more importantly the mis-use) of crow traps on Scottish sporting estates and give the public the neccessary information about how to recognise the difference between a legal and an illegal trap, and what to do if you find an illegal one.

Watch this space…

Is this convicted gamekeeper a member of the SGA?

Last Tuesday (3 April 2012), Scottish gamekeeper Robert Christie of the Lindertis Estate was convicted at Forfar Sheriff Court of wildlife crimes (see here).

Nine days later, we are still waiting for the Scottish Gamekeepers Association (SGA) to issue a public statement condemning the criminal activities that led to the conviction and also clarifying Christie’s SGA membership status. Was he an SGA member at the time he committed the offences (2010)? If so, is he still a member now he has a criminal conviction?

It’s unusual for the SGA to be so coy about the membership status of a convicted gamekeeper. To their credit, in each of the cases that have been heard so far this year (and even in one case that didn’t even make it to court – the crow trap video case), the SGA has been quick to publicise whether the accused/convicted gamekeeper was an SGA member.

So why so coy this time? Perhaps we should give them the benefit of the doubt and assume that they just got caught up in the Easter holidays and haven’t got around to making a statement yet. Although they have managed to find the time to add various other news items to their website, including an announcement about a forthcoming snaring training course at a choice of venue that certainly raised our eyebrows (see here).

If anyone has tried to contact the SGA about Christie’s membership status we would be very interested to hear about it. For anyone who wants to ask them now, here are the SGA’s contact details:

Email: info@scottishgamekeepers.co.uk

Tel (Perth Office): 01738 587515

Why convicted gamekeeper Robert Christie only got a telling off

Two days ago we blogged about Scottish gamekeeper Robert Christie (Lindertis Estate) who was convicted at Forfar Sheriff Court after pleading guilty to wildlife crimes (see here).

Since then there has been a fair bit of press coverage but the media hasn’t really picked up on the fact that Christie’s ‘punishment’ was just an admonishment (effectively a telling off), even though the available penalties included a fine of up to £5,000 and/or a six month prison sentence.

However, an article published in yesterday’s Courier did include commentary about the penalty:

“…Sheriff Kevin Veal at Forfar decided not to impose a penalty on gamekeeper Robert Christie after hearing the ‘immediate and draconian consequences’ connected with breaching a trapping licence could render the 57-year-old unemployable for the rest of his working life”.

Christie’s solicitor, David McKie (who also happens to be the SGA’s solicitor – see here), reportedly commented:

“There are implications under the general licence – if the court imposes anything more than an admonition the licence is automatically withdrawn for five years“.

Was what Christie did the crime of the century? No of course it wasn’t, but what it was, without a doubt, was a criminal offence under the wildlife legislation. It seems astonishing that the Sheriff would decide not to impose any penalty, especially given the current high priority that the Scottish Government has placed on tackling wildlife crime.

What we are seeing yet again is an inconsistency in sentencing (compare Christie’s penalty with that of Aswanley Estate gamekeeper Craig Barrie who was recently fined £520 for illegal use of a trap, see here) and the sense that wildlife crime is still not being taken seriously by some Scottish courts. Do you think this defence would be acceptable for other offences, such as a drink driving taxi driver? ‘Oh, sorry m’Lord, yes I was drunk when I drove my car and I really should have known the consequences of doing this as driving is my profession but the immediate and draconian measure of losing my licence will also mean I lose my job’.

Talking of taking wildlife crime seriously, the Scottish Gamekeepers’ Association has not yet issued any public statement of condemnation for Christie’s actions, nor have they said whether he is/was an SGA member. To find out about Christie’s SGA membership status, send an email to: info@scottishgamekeepers.co.uk

Article in the Courier here

Scottish gamekeeper ‘admonished’ for wildlife crimes

Scottish gamekeeper Robert Alexander Christie (58) was convicted today at Forfar Sheriff Court for wildlife crimes relating to the illegal use of a crow cage trap. He was ‘punished’ by receiving an admonishment.

Christie pled guilty to taking a wild bird, possessing a wild bird, and using an illegal trap by failing to adhere to the terms of the general licence (this general licence governs the use of crow cage traps in Scotland).

The offences took place on the Lindertis Estate near Kirriemuir, Angus on 8 August 2010. Lindertis Estate is listed as a sporting estate providing pheasant and partridge shooting (see here). A tawny owl was rescued from inside a crow cage trap in a wood on the estate by a member of the public. The owl was reportedly in poor condition (severely malnourished and unable to hold its own bodyweight on its legs) when it was found and it was sent to a vet for treatment. The owl was released back into the wild on 13 August.

The crow cage trap reportedly did not contain food or shelter, and a tray of water contained green algae, and the trap did not have an identification tag, all contrary to the terms of the general licence.

Christie has 24 years of gamekeeping experience and has been employed as a full-time gamekeeper on this estate for approximately 18 years.

Also due to appear in court was Christie’s employer, who according to Burke’s Peerage is a hereditary peer: The Rt Hon The Lord Colyton, although in the court listing his name was given as Alisdair John Munro Hopkinson. Charges against Hopkinson related to allegedly causing/permitting the gamekeeper to use an illegal trap (Wildlife & Countryside Act). However, charges against Hopkinson were not proceeded, perhaps because Christie pled guilty.

This case was prosecuted by one of the new specialist wildlife fiscals, Shona McJannett. She is quoted as saying:

“Today’s conviction highlights the importance of ensuring that crow cage traps are operated legally in terms of the general licence. The protection of our wildlife is a priority and a robust view will be taken by the Crown Office and Procurator Fiscal Service in relation to any reports alleging breach of these general licence conditions.”

Now, it’s refreshing news to hear that COPFS will take a ‘robust view’ of this type of wildlife crime and hopefully they will continue to prosecute these cases, but the penalty handed out by the court doesn’t quite match the Fiscal’s view of the seriousness of the offence. Christie’s ‘punishment’ (the admonishment) is effectively no punishment at all. It’s basically a ‘telling off’ (see here for a definition) and because he wasn’t given a more serious penalty (e.g. a fine) it means he is NOT banned from continuing to operate crow cage traps under the general licence. What sort of deterrent is a telling off? What message does this send to other wildlife criminals? Does anyone think Christie will lose his job now he’s got a conviction for wildlife crime?

It is not known whether Christie is a member of the Scottish Gamekeeper’s Association. Anyone interested in finding out can ask the SGA by emailing: info@scottishgamekeepers.co.uk. We would be very interested to learn whether he is a member, and if so, does his wildlife crime conviction mean that he is now barred from the club professional body?

Despite the pathetic ‘penalty’ (can you even call it that?), big kudos to the SSPCA for leading on this investigation, and well done also to COPFS for prosecuting; it’s not often we have cause to congratulate COPFS but on this occasion its deserved.

If you are out and about in the Scottish hills and glens and  come across a trapped raptor caught inside a crow cage trap (or any other trap for that matter), then you should call the SSPCA hotline immediately: 03000-999-999

SSPCA press release here

News article on Deadline News website here

COPFS press release here

See here for another blog on why Christie only got a telling off

STOP PRESS: One of our readers (thank you!) has contacted us to say he thinks this is the same estate that we blogged about last June (see here). Obviously we’re unable to confirm or refute this as the name of the estate in the June blog was kept a big secret, although the location is very similar!

“There does not seem to have been a welfare offence”, says SLE about crow video

The representative body of Scottish landowners, ‘Scottish Land and Estates’ (SLE), has made a statement on its website about the crow-beating incident recorded on video earlier this month (see here, here and here for background info).

SLE writes: “…and despite the impression given by the OneKind film there does not seem to have been a welfare offence…” (link to SLE statement here).

Maybe the SLE people watched a different video to the rest of us, or maybe they think the method of killing was acceptable? Their view is certainly not shared by the 1,993 signatories to the OneKind open letter to the Scottish Environment Minister (see here), and judging by the comments made by the general public on the OneKind website, a lot of people are understandably angry about what they saw in that video (see here to view the comments).

SLE goes on to warn its members about the potential for criminal damage being done to legal traps, cages and snares, and is encouraging them to report any suspicious activity to the police.

Blog readers are encouraged not to take the law into their own hands, but instead, report any suspicious-looking devices or suspected animal welfare incidents to the police and to the SSPCA. (We recomend reporting to both the police and the SSPCA so that the SSPCA can follow-up if the police fail to investigate). There is an excellent guide to help identify a legal trap from an illegal trap on the OneKind website, and we encourage everyone to take a look. The guide can be found here.

Whether you share the SLE’s view or not, a legal decision about whether the gamekeeper’s actions amounted to a welfare offence, or not, will never be known, as the Procurator Fiscal deemed the video inadmissable evidence, and this decision was later supported by the Lord Advocate. Although a private commentator on this blog has suggested that it was not the Fiscal’s role to deem the evidence inadmissable; he thinks that only a Sheriff has the authority to rule on such an issue. If there are any legal experts reading this (and we know there are a few of you!!) we’d be happy to hear your opinion.

Meanwhile, we’ll sit and wait for the Scottish Environment Minister’s response to the questions raised about wildlife crime reporting in Scotland.

No court proceedings for allegedly beating crows to death on scottish sporting estate

Following a comment made on this blog by an investigator from the animal charity OneKind, we would like to draw your attention to a blog on the OneKind website.

The blog, written by the OneKind field investigator, discusses the recent decision by the Crown Office and Procurator Fiscal Service (COPFS), supported by the Lord Advocate, not to prosecute an individual (identified by OneKind as a ‘head gamekeeper’ on a Scottish sporting estate) for allegedly beating crows to death inside a crow trap. The explanation given for this decision not to prosecute is astounding.

OneKind blog here

Convicted gamekeeper Glenn Brown was a member of the National Gamekeepers’ Organisation

Well finally, the National Gamekeepers’ Organisation has responded to one of the many emails we know were sent to them asking whether convicted gamekeeper Glenn Brown was one of their members (see here).

Here is the reply sent to one of our readers today:

From Ann Robinson-Ruddock (NGO) – “Thank you for your enquiry. I can confirm that Mr Brown was a member of the NGO but that following his convictions he has resigned“.

Fascinating. I guess we now know why the NGO has been reluctant to make a public statement on its website since Brown’s conviction in June 2011. Although to be fair, perhaps they’ve waited seven months to see whether his appeal, based on the assertion that he’d been ‘framed’ by the RSPB, was successful. We found out a week ago that his appeal  had failed, some might say spectacularly. Yet still the NGO has failed to make a public statement.

Wouldn’t you expect an organisation, that not only promotes itself as a member of the Partnership for Action against Wildlife Crime, but states on its website that “Our organisation has a strict disciplinary code  and does not tolerate those who bring the gamekeeping profession into disrepute“, to make a big song and dance about publicly condemning Brown’s criminal activities, and making sure that everyone knew he’d been expelled from the organisation? What we get instead is a delayed private response, that says Brown has resigned, and no mention of condemnation or expulsion.

Is there any wonder that conservationists are so cynical when it comes to trusting the sincerity of the National Gamekeepers’ Organisation? At least when twice-convicted gamekeeper David Whitefield was outed as being a member of the Scottish Gamekeepers’ Association in December 2011, the SGA had the sense to immediately and publicly admit that he was a member, outrightly condemn his criminal activities and kick him out of the club (although the phrase they used was ‘suspended’ rather than ‘expelled for good’ – see here). UPDATE: the SGA has now reportedly given Whitefield “a life ban” (see here).

Come on National Gameepers’ Organisation – when the Scottish Gamekeepers’ Association is making you look bad you know your public credibility rating is probably at rock bottom!

Thank you to the contributor who sent us the NGO email and thanks to everyone who contacted the NGO and pressurised them for an answer.

Is he, or isn’t he?

Last Tuesday (24 Jan), Derbyshire gamekeeper Glenn Brown lost his appeal against his conviction for seven offences under the Wildlife & Countryside and Animal Welfare Acts (see here).

On 25 January 2012, we asked whether Glenn Brown was a member (or now an ex-member) of the National Gamekeepers’ Organisation (NGO), and encouraged readers to contact the NGO and ask for themselves. I don’t know about you, but the NGO has so far ignored the email we sent to them about it.

Interestingly, the NGO was very quick to post a statement on its website recently about the conviction of a Norfolk head keeper and his apprentice for animal cruelty offences (see here). The NGO stated that neither of the offenders were members of the NGO, and this statement was posted the day after the two were sentenced (sentenced on 11 Jan, NGO web statement posted 12 Jan 2012). UPDATE 8 FEB 2012: the NGO has now removed the statement on its website about the Norfolk head keeper and his apprentice.

So, why the silence over Glenn Brown? Was he a member of the NGO or not? It’s a simple enough question, isn’t it?

If anyone else wants to ask the NGO, you can contact them at: info@nationalgamekeepers.org.uk

‘Unscrupulous liars’ in the Glenn Brown gamekeeper trial

Following the report that convicted gamekeeper Glenn Brown lost his appeal yesterday (see here), one of the RSPB investigators has blogged about his experience, and that of his colleagues, in the appeal process.

Mark Thomas discusses how he and three other RSPB investigation colleagues (Guy Shorrock, James Leonard and John McMahon) were repeatedly accused of being ‘unscrupulous liars’ by Glenn Brown’s defence team. Not for the first time (see here), the RSPB has been publicly accused of ‘planting evidence’ in order to gain a successful prosecution against a gamekeeper accused of raptor persecution. Also not for the first time, this ridiculous accusation has been found to be completely fabricated. I think we can probably make up our own minds as to the identity of the ‘unscrupulous liars’ based on all the evidence available in the public domain.

Mark Thomas goes on to suggest that the reason for the repeated attacks on the credibility and integrity of RSPB investigators is “…because RSPB Investigations working with the Police and the Crown Prosecution Service is the only dedicated team able to pull off these complex gamekeeper- related investigations and convictions, making us an obvious target“. Well, that’s almost true – in Scotland we also have the expertise of the SSPCA to rely upon – but nevertheless, Mark’s conclusion about why the RSPB is an obvious target is, well, obvious and accurate (see link in above paragraph for multiple examples of unfounded hostility from the game-shooting industry towards the RSPB).

Also included in Mark’s blog is a fascinating PDF that gives the full judgement notes from the judge at Brown’s original trial in June 2011. This really is well worth a read, and full credit to the RSPB for allowing this document to be published.

Mark Thomas (RSPB Investigations blog) here

Full judgement notes from Glenn Brown’s original trial: Glenn Brown full judgement notes June 2011

Convicted gamekeeper Glenn Brown loses his appeal

The RSPB reports that Derbyshire gamekeeper Glenn Brown has lost his lengthy appeal against his conviction for seven offences relating to the illegal use  of a baited trap to take birds of prey, the intentional taking of a sparrowhawk, and numerous animal welfare offences.

Brown was convicted in June 2011 for the offences that took place on the National Trust’s Howden Moor in Derbyshire. Despite the penalties available, he was only given 100 hours of community service and ordered to pay £10,000 costs (see here, here, here and here for background).

According to the RSPB press release, Brown’s appeal, which began on 3 January 2012 at Derby Crown Court, included ‘a blistering attack against the integrity of the RSPB, claiming evidence had been planted to incriminate Brown’. The appeal was dismissed on 24 January 2012 by Judge Watson, who commented on the credibility of the RSPB witnesses. Brown was ordered to pay a further £7,000 costs.

It is not known whether Brown was/is a member of the National Gamekeepers’ Organisation. You can find out by sending an email to: info@nationalgamekeepers.org.uk

RSPB press release here