Tag: crow trap

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

Howden Moor sporting tenant is a Purdey Award winner

Following the conviction this week of gamekeeper Glenn Brown on the National Trust’s Howden Moor in the Upper Derwent Valley, Derbyshire, the sporting tenant has been named on the Birdguides website as Geoff Eyre (scroll to the comments section under the article).

According to The Moorland Association website, Geoff Eyre won the 2005 Purdey Award for Game and Conservation, for his Howden Regeneration Project. (As an aside, scroll down the page to see another 2005 Purdey Award winner, head gamekeeper Jimmy Shuttlewood from the Snilesworth Estate North Yorkshire – who was later convicted in 2008 with two underkeepers for the use of cage traps to capture birds of prey – story here).

Geoff Eyre has had a lot written about his pioneering work to restore Howden Moor to its former glory as a viable grouse moor. Here in 2006 he spoke about the ‘beneficial’ work of his gamekeeper. Also in 2006, this article was written in The Telegraph about the return and then subsequent loss of a pair of hen harriers on Howden Moor. In 2007, he hosted a visit by a DEFRA Minister for Landscape and Rural Affairs, reported here in The Shooting Times, accompanied by gamekeeper Glenn Brown. The Minister was impressed with what he saw, calling the project an ‘inspiration’ and a good use of public money.

One can only assume that Geoff Eyre was completely unaware of the criminal activities of his gamekeeper. You can ask him about it, and whether Brown has been sacked, at National Trust activity days in September 2011 – details here.

More on convicted Derbyshire gamekeeper Glenn Brown’s case

It was good to see so much media coverage following the conviction of criminal gamekeeper Glenn Brown on Monday. It made local, regional, national and international news, probably because he committed his crimes on National Trust property – which isn’t somewhere you’d normally expect to hear about wildlife crime taking place. Let’s hope that the National Trust are reviewing the lease of their land to the ‘un-named third party’ as we speak.

Despite the broad media coverage, very few articles mentioned the dead sparrowhawk that was found close to one of the traps that criminal gamekeeper Glenn Brown was operating.  Also found close by was the body of a white pigeon. Mark Thomas, one of the RSPB investigators involved with catching Brown at it, has written an excellent little piece about the investigation here, alluding to what might have happened to the dead sparrowhawk and dead pigeon.

Thomas also writes that since 2006, goshawk and peregrine productivity in the Derwent Valley has collapsed. By coincidence, gamekeeper Brown is reported to have been employed as a gamekeeper since 2006. Amazing.

Thomas and his colleagues from the RSPB Investigations team deserve a great deal of credit, especially for the innovative techniques they used to catch Brown. So too does Derbyshire Constabulary and the CPS. The resulting punishment for Brown, convicted of seven offences – 100 hours community service – delivered by District Judge Caroline Goulborn (famed for the recent cat-in-the-bin-case) is pathetic, especially when you consider the sentencing options available, which include fines up to £5,000 and a six month prison term for each offence. Had Brown not been ordered to pay £10,000 costs, some might have concluded that he had got off very lightly. Depending on who pays for these costs, and whether he keeps his job as a gamekeeper, some may be certain he got off lightly.

Derbyshire gamekeeper guilty of using illegal trap

The long-running trial that began over two months ago against Derbyshire gamekeeper Glenn Brown concluded today, and he was found guilty of using an illegal trap to try and catch birds of prey on the National Trust’s Howden Moor in the Peak District. The court heard that he was interested in protecting the grouse where he worked. The trial began on 11 April 2011 at Chesterfield Magistrates Court.

Brown was caught after RSPB investigators installed covert cameras overlooking a trap and filmed him over a period of time visiting the trap. He was unlawfully using a pigeon as a lure bird – this is illegal and is an indication that birds of prey were the target species he was trying to catch. He operated traps on land in the Upper Derwent Valley owned by the National Trust but leased by another party between 14 April and 25 May 2010.

Brown was found guilty of seven offences under the Wildlife & Countryside Act 1981 and the Animal Welfare Act 2010.

He was given 100 hours community service and ordered to pay £10,000 costs.

BBC news story here including video

More on this story later. Congratulations to the RSPB investigators for catching another criminal gamekeeper at it, and to Derbyshire Police and the Crown Prosecution Service for seeing the case through to trial. In the BBC news video, it is reported that Brown is the 100th gamekeeper to be convicted of crimes against birds of prey. So, Alex Hogg, Chairman of the Scottish Gamekeeper’s Association, still think it’s “unfair to accuse gamekeepers of wildlife crime“?

Derbyshire gamekeeper trial: adjourned until June

The trial of gamekeeper Glenn Brown, accused of seven offences under the Wildlife & Countryside Act & the Animal Welfare Act, came to a temporary close on 13 May 2011. The charges relate to his alleged activities on Howden Moor in the Derwent Valley, Derbyshire. The trial has now been adjourned until 13 June 2011, when a verdict is expected at Chesterfield Magistrate’s Court.

For background info see blog posts 11 April 2011, 27 April 2011, 28 April 2011 and 9 May 2011.

Derbyshire gamekeeper trial extended

The trial of Glenn Brown, the Derbyshire gamekeeper facing 7 charges under the Wildlife & Countryside Act and the Animal Welfare Act, will continue this week at Chesterfield Magistrates Court.

Amongst other things, Brown is accused of using a crow trap to illegally trap raptors on Howden Moor in the Derwent Valley. See blog posts 11 April 2011, 27 April 2011 and 28 April 2011 for background info to this case.

Another update on trial of Derbyshire gamekeeper Glenn Brown

Following blog posts 11 & 27 April 2011…

The trial of Derbyshire gamekeeper Glenn Brown, accused of using a crow cage trap to capture birds of prey, has not finished today as expected. The trial will continue into next week…

Update on trial of Derbyshire gamekeeper Glenn Brown

Further to the blog post 11 April 2011….

A few of our readers have e-mailed to ask for an update on the trial of Derbyshire gamekeeper Glenn Brown. The trial started 11 April 2011 and was anticipated to last for 8 working days. We are reliably informed that the trial is now expected to conclude tomorrow (28 April 2011).

Further details to follow…

estate owner gets apology after being called an “arrogant old bastard” by wildlife crime officer

The Police Complaints Commissioner for Scotland, John McNeill, has told Tayside Police that they must deliver an ‘unreserved apology’ for derogatory comments made about an estate owner during an alleged wildlife crime incident.

The investigation centred around allegations from two former gamekeepers that their employer had instructed them to kill any buzzards that were caught in crow traps on the estate. During the investigation, the estate owner became aware that Tayside Police’s civilian wildlife crime officer had referred to the estate owner as an “arrogant old bastard”. The estate owner made a formal complaint to the Police Complaints Commissioner, and also complained about his arrest, which he said caused “unneccesary distress” to his family.

Alan Stewart

The civilian wildlife crime officer in question might be Alan Stewart, a high-profile former police inspector who has been investigating wildlife crime in Tayside for a number of years and is the only one listed on the Tayside Police website: http://www.tayside.police.uk/wildlife/officers.php

To read the Police Complaints Commissioner’s report in full: PCCS_-_1004-2010-00491-PF-TP_-_Final_report

Of course, while all this name-calling and crying to the police has been going on, the real issue of importance (the alleged illegal killing of buzzards on this estate) has been conveniently buried.

This is not the first time that Tayside Police’s effectiveness has been called into question. Earlier in 2010, the RSPB launched a stinging attack on Tayside Police for its apparent ‘lack of follow up’ on several alleged wildlife crimes in the region. The most prominent of these was the incident involving a poisoned white-tailed sea eagle that had been found dead on Glenogil Estate in August 2009. Tayside Police did not make an appeal for information until 6 months later, and only then because a local newspaper began to ask questions: http://news.scotsman.com/birdsofprey/RSPB-claims-police–less.6012566.jp

Mark Osborne – another amazing coincidence

(John) Mark Osborne must be the victim of an amazing series of coincidences, according to shooting journalist James Marchington: http://jamesmarchington.blogspot.com/2009/07/poisoned-eagles-and-osborne-connection.html. What else could explain his connection to a number of shooting estates where wildlife crimes have allegedly been committed? Here’s the latest coincidence –

In 1991, Osborne apparently set up the West Wycombe Shooting Ground on the Dashwood Estate near High Wycombe, Bucks, along with Sir Edward John Francis Dashwood. The estate incorporated the Bradenham Hill Shooting Syndicate.

On 15 July 1998,  a 29 year old gamekeeper (Gamekeeper A) for the Bradenham Hill Shooting Syndicate, appeared before High Wycombe magistrates accused of an appalling litany of alleged wildlife crimes between 1996-1997. A journal found at his house documented the alleged massacre of 127 badgers, several cats and dogs, 3 owls, 2 sparrowhawks and a buzzard on the Dashwood Estate. An underkeeper on the estate told the court that Gamekeeper A had admitted killing badgers and feeding live fox cubs to his dogs. Gamekeeper A was cleared of the wildlife crime offences because of ‘insufficient evidence’ and was fined £150 with £50 costs, for keeping ammunition unsecured.

On 21 April 2005, Gamekeeper A was back in court, this time as head keeper on the Dashwood Estate. He and his co-accused, Gamekeeper B, both of West Wycombe, were charged with clubbing a buzzard to death on the Dashwood Estate on 23 February 2004. The buzzard had been caught inside a crow trap, and Gamekeeper B was videoed by RSPB undercover investigators as he clubbed the buzzard to death with a piece of wood while Gamekeeper A looked on. Both men were found guilty and fined £2,000 each, with an additional £500 costs. http://www.docstoc.com/docs/22523459/232-0574-04-05_legal-eagle-45

Eton-educated Sir Dashwood (45), chairman of the Countryside Alliance’s Campaign for Shooting, appears to have further links with Osborne. According to Companies House records, both became Directors of West Wycombe Corporate Entertainment Ltd in 1991. They were also both allegedly involved with the lease of the notorious Leadhills Estate (owned by Hopetoun Estate) in South Lanarkshire in 2003. However, in 2008, the shooting rights were put up for sale after a series of police raids in relation to alleged raptor persecution incidents. The Estate’s owner, the Marquess of Linlithgow, had apparently leased the estate to Dashwood & Osborne in 2003 on the condition that they complied with the Wildlife & Countryside Act 1981. Dashwood claimed the sale of the shooting rights was ‘entirely unconnected’ with the police raids.

http://www.guardian.co.uk/environment/2008/apr/18/wildlife.conservation