Tag: gamekeeper

More detail revealed about international peregrine laundering case in Scotland

Further to this morning’s blog about sentencing being deferred for part-time gamekeeper Timothy Hall and his son, Lewis Hall, who have pleaded guilty to numerous offences relating to wild peregrines in Scotland being laundered as ‘captive bred’ peregrines to buyers in the Middle East (see here), the Daily Record has published more details about this case.

Headline from Daily Record, 15 January 2024

The article explains that the alarm was first raised by George Smith, a member of the Scottish Raptor Study Group who has monitored peregrine nest sites in the Scottish Borders for decades. He was concerned that breeding attempts were failing at sites that had previously been known to be routinely successful.

Officers from Police Scotland visited the sites with George and noticed marks that suggested someone had recently climbed to the nests.

Intelligence reports led to Timothy Hall’s home at Lamberton Holdings in Berwickshire where a large number of peregrines and eggs were found. Timothy Hall and his son Lewis claimed the young birds were captive bred but DNA evidence showed that at least seven recently-hatched chicks were not related to the captive peregrines owned by the Halls. Two chicks were later matched to an adult bird at a wild nest site and one was linked to another wild site.

Mobile phones and a drone used by the Halls was shown to have been used on 20 separate occasions to fly to known nest sites.

An analysis of bank accounts showed large sums of money being transferred from peregrine sales by Lewis Hall to a joint bank account owned by his parents. Some legitimate buyers had been duped by false paperwork procured by Lewis Hall in an attempt to pass off the young peregrines as legitimately captive bred.

Both men admitted failing to declare their profits to HMRC, which is why sentencing was deferred this morning for another four weeks.

Sheriff Peter Paterson reportedly told the court this morning: “These are very serious matters. I want to know what’s happened to the money. They claim they have limited assets and income.

“According to the background report for Lewis Hall, and I quote, ‘it’s clear these criminal actions have been carried out over a lengthy period of time and with great scale’. I will be informing HMRC and I’ll ask them to investigate any further charges.”

To read the full article in the Daily Record click here.

Part-time gamekeeper & son plead guilty to peregrine laundering charges; serving police officer cleared

A part-time gamekeeper and his son have pleaded guilty to multiple offences related to the illegal laundering of peregrines in Scotland – a serving police officer has been cleared.

Many thanks to the blog reader who sent me this article from the court section of Peebleshire News, published yesterday (Friday 15 December 2023):

Here is the text:

Officer cleared of selling falcons

A serving police officer has been cleared of selling peregrine falcons to customers in the Middle East.

WPC Suzanne Hall, 45, also had her not guilty plea to being in possession of the protected bird under endangered species legislation accepted by the Crown at Selkirk Magistrates Court.

But her husband Timothy, who is 48, and her 23 year old son Lewis admitted being involved in the illegal sale of the peregrine falcons and will be sentenced at Selkirk Sheriff Court in January when background reports will be considered.

It followed a joint operation by Police Scotland and the Scottish SPCA at the family home at Lamberton Holdings, Berwickshire, close to the English border in May 2021, when a search warrant was executed.

A number of peregrine falcons – which are protected under the Wildlife and Countryside Act – were found during the search.

Timothy Hall, who has been described as a part-time gamekeeper, also pleaded guilty to being in possession of peregrine falcons and also a charge of failing to provide the needs of an animal as required by good practice by not providing clean water and had inadequate perches for the birds.

He also admitted a breach of the Firearms Act by not properly securing a shotgun in his property.

WPC Hall, who has been on restricted duties with Police Scotland since her arrest, had a not guilty plea accepted to five wildlife charges.

But a fraud charge was deserted with the Crown reserving the right to re-raise the case at a future date.

Sheriff Peter Paterson told the father and son they had admitted a serious offence.

He told Timothy Hall that he had “carried out wilful breaches of wildlife laws you must have been aware of and carried out for profit”.

He added: “Substantial sums of money were made from illegal sales in the Middle East”.

Figures such as £64,000 and £35,000 were quoted as sales of the protected birds.

Sheriff Paterson said background reports would be required to consider a range of sentences including custody.

The Sheriff said Lewis Hall had been lesser involved but again he would take into account what the reports would say.

The court also heard that Lewis Hall was being pursued under the Proceeds of Crime Act with a hearing at Jedburgh Sheriff Court on January 15th.

A written narration detailing the circumstances behind the offences was provided by the Crown with defence lawyers saying they would provide a plea in mitigation at the sentencing diet in January.

Peregrine falcons are protected under the Wildlife & Countryside Act meaning it is an offence to intentionally or recklessly disturb them near or on an active nest.

The species has historically suffered from persecution and pesticide poisoning with their numbers dwindling to their lowest levels in the 1960s.

Scottish specimens of the bird – which can dive at more than 200 mph – are highly prized in the Middle East where they are used for racing by wealthy sheiks.

Stronger legislation has helped increase the number of falcons in the wild however they are still persecuted for preying on game birds and racing pigeons.

Their eggs have also previously been stolen to order for private collections and falconry.

ENDS

This investigation, code named Operation Tantallon, has been long-running (see here) and complex (see here). The investigative team, hailing from a multi-agency partnership, was recognised for its efforts when it was awarded the Wildlife Crime Operation of the Year Award at the 2022 UK Wildlife Crime Conference (here).

I hope that fuller details of the case will be made available after sentencing in January.

UPDATE 14 January 2024: Sentencing in Scotland tomorrow for part-time gamekeeper and son guilty of international peregrine laundering (here)

UPDATE 15 January 2024: Sentencing of part-time gamekeeper & son deferred in international peregrine laundering case (here)

UPDATE 15 January 2024: More detail revealed about international peregrine laundering case in Scotland (here)

UPDATE 12 February 2024: Part-time gamekeeper Timothy Hall and his son Lewis Hall avoid custodial sentence for laundering of wild peregrines in Scotland (here)

UPDATE 12 February 2024: Commentary on the staggeringly inadequate sentencing of Timothy and Lewis Hall, convicted for illegal laundering of wild peregrines in south Scotland (here)

UPDATE 14 February 2024: It’s soul destroying to find nests have failed” – inside the battle against Scotland’s falcon thieves (here)

UPDATE 15 February 2024: SSPCA press release on conviction of part-time gamekeeper Timothy Hall and his son Lewis Hall for illegal laundering of Scottish peregrines (here)

UPDATE 26 June 2024: Prosecutors seeking to recover £164,000 from Scottish peregrine launderer Lewis Hall (here)

UPDATE 10 October 2024: Scottish court orders convicted peregrine launderer Lewis Hall to pay back thousands under Proceeds of Crime Act (here)

UPDATE 23 November 2024: Suzanne Hall, wife & mother of convicted peregrine launderers ‘no longer a serving police officer’ (here).

Pathetic sentence for Scottish gamekeeper convicted for badger & fox baiting crimes

A young gamekeeper from Aberdeenshire has been convicted of sadistic animal cruelty offences after he posted footage on social media of himself encouraging his dogs to fight with badgers and foxes, according to the Press and Journal.

The P&J article is behind a paywall but it describes proceedings from Aberdeen Sheriff Court on 6th December 2023 where 23-year old gamekeeper Ryan Martin of Balmanno Cottages, Marykirk pleaded guilty to causing dogs to fight with badgers and foxes on various occasions.

He was caught after a tip off to the Scottish SPCA, who raided his house in February 2022 with Police Scotland. Three of his dogs were found with fresh wounds and historical injuries and were immediately confiscated and taken for treatment. They have since been signed over to the SSPCA and rehomed.

Martin’s phone was seized during the raid and a digital forensic examination uncovered the disturbing videos that he’d posted to TikTok and Snapchat. He’d prefaced one of the videos with,

“Hold on to your fucking hats. What you’re about to see isn’t 100% legal“,

so there can be no doubt that he knew what he was doing was illegal, even though he had initially denied causing the dogs to fight with other animals when he spoke with a social worker for a background report.

Martin’s defence lawyer Gregor Kelly, told the court what Martin had said to the social worker:

“He’s been out at night shooting foxes as he thinks he’s entitled to do with his dogs. At the time, when foxes have been shot, he encourages the dogs to go and retrieve, as they’re trained to do, and dispatch the foxes. On one occasion, they encountered a badger“.

According to the P&J’s court reporter, ‘Mr Kelly also told the court that Martin, who is employed as a gamekeeper, saw foxes and badgers as “vermin“, but said, “He accepts these are views not acceptable in modern Scotland“‘.

He told the court that ‘Martin intends to work as a joiner to support his partner and children in the future’.

Sheriff Ian Wallace told Martin: “I don’t accept the explanation you gave to the social worker. It’s clear from the narrative you were causing, intentionally, these animals to fight and that caused injuries and/or death to not just the foxes and badgers but to your own dogs“.

And yet despite the clear evidence and the eventual guilty pleas, Martin was only ordered to carry out 175 hours of unpaid work and was banned from keeping or working with dogs for five years.

Eh? What happened to the ‘tougher penalties‘ for animal and wildlife crime that was enacted in Scotland in December 2020 (the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020), which increased the maximum penalty for the most serious animal welfare and wildlife crimes (which includes animal fighting offences) to five years imprisonment and unlimited fines?

Even under the old legislation, Martin’s sentence would be seen as being light touch. For example, compare his sentence to that of Millden Estate gamekeeper Rhys Owen Davies who was convicted for badger and fox baiting offences he committed in Scotland 2018 and 2019 – Davies was given an eight month custodial sentence and banned from owning or keeping animals for 15 years (see here).

Once again we see an inconsistent sentencing approach and, in Martin’s case, an ineffectual punishment that simply won’t provide a deterrent for other depraved individuals who think animal abuse is acceptable.

Kudos to the Scottish SPCA whose investigation brought Martin to court – yet another clear demonstration that SSPCA officers are equipped and capable of dealing with serious wildlife crime. The sooner they get an extension of those powers (through the Wildlife Management & Muirburn Bill) to deal with a wider suite of wildlife crimes, the better.

Charges dropped for raptor persecution offences committed on Overlaggan Estate, Dumfries & Galloway

On 26 September 2023, two gamekeepers were convicted at Dumfries Sheriff Court for offences committed on Overlaggan Estate in 2021, a pheasant, partridge, duck and goose- shooting estate in Dumfries & Galloway.

David Excell, 54, pleaded guilty to deliberately trapping and killing a pine marten and failing to comply with the conditions of his firearms licence. Kenneth McClune, 61, pleaded guilty to failing to comply with the conditions of his firearms licence.

Location map from Overlaggan Estate sales brochure
Landscape view from Overlaggan Estate sales brochure

You might recall that I wrote about this case (here), and I mentioned that I thought there was something odd going on because I was pretty sure that four men had been charged originally and that the alleged offences included the illegal killing of birds of prey, according to a press statement issued by Police Scotland in October 2021 (see here).

But when gamekeepers Excell and McClune were convicted at Dumfries Sheriff Court in September 2023, there was no mention of the other two defendants, nor of the alleged raptor persecution offences, which I thought was odd, so I’ve done some research.

First I asked Police Scotland about the case, to determine whether the raptor persecution charges were going to be heard in a separate case, or whether the charges had been dropped, and if so, why? Police Scotland refused to comment and instead pointed me in the direction of the Crown Office.

The Crown Office told me this:

“As you were not directly involved in this case there is a limited amount of information which I can give you as we need to ensure compliance with Data Protection legislation.

I can, however, advise you that there were four accused persons in this case and there were charges involving raptors. COPFS have a duty to review the available evidence throughout the life of a case.  This review includes the assessment of evidence, the availability and strength of evidence against each accused and outcome focus for a case.

On the day of the trial pleas were offered from two of the accused in the terms that you are aware of [Ed: i.e. the guilty pleas from gamekeepers David Excell and Kenneth McClune in relation to firearms offences and the killing of the pine marten]. In light of this new circumstance the case was reviewed by the prosecutor. I can assure you that this decision was not taken lightly and was ultimately done so based on a careful analysis of the evidence. COPFS takes the prosecution of offences involving raptors and all other wildlife crime extremely seriously and prosecutorial action will be taken if there is sufficient evidence and if it is in the public interest to do so”.

When I asked the Crown Office to specify what were “the charges involving raptors“, the Crown Office told me this:

“All I can advise you further is that there were three charges under s1(1)(a) of the Wildlife and Countryside Act 1981 involving raptors.

The rules around what information we can provide and to who are outlined in s6 of the Victims and Witnesses (Scotland) Act 2014. Subsection 2 outlines the categories of individuals who are entitled to information upon request. You do not fall within any of those categories in relation to this case.

Even if you did, COPFS are only required to provide information in relation to the ‘nature’ of the charges on a complaint, not the details of them. So had you been a witness in this case, I would have been unable to provide you with any more information than I already have.

I am sorry that I cannot provide you with any more details about the case. You will hopefully appreciate that, in an effort to assist you as much as possible, I have provided you with more information than I was technically required to give you under the Victims and Witnesses (Scotland) Act 2014“.

So there we have it. The raptor persecution charges were dropped, with no explanation given, and we’re not even allowed to know the details of those charges, let alone why they were dropped, other than there were three charges and they related to S1(1)(a) of the Wildlife & Countryside Act, which refers to the killing, injuring or taking of a wild bird. We don’t know whether that involved poisoning, shooting or trapping in this case.

Presumably there was sufficient evidence to warrant the charges being placed against the four individuals in the first place so we can conclude that raptor persecution crimes were indeed committed, but the resultant dropping of those charges and the subsequent (and lawfully legitimate) position of both Police Scotland and the Crown Office means that effectively those crimes have been covered up, and the public has no (lawfully legitimate) access to the details.

How is that ‘justice being seen to be done’? All it does is provide the game-shooting industry a platform to perpetuate the myth that gamekeepers are no longer killing birds of prey on land that’s managed for gamebird shooting.

At the time the offences were committed, Overlaggan Estate was marketed on the Sporting Lets website as offering the following ‘sport’:

The owner of Overlaggan Estate was not identified in the Sporting Lets promotional material but details of the management team were given as follows:

Police Scotland announced the charges against the four men in a press release in October 2021. Interestingly, Overlaggan Estate was put on the market in February 2022. Here’s the sales brochure:

overlaggan-sales-brochure-feb-2022Download

The estate has since been sold and the farm is now owned by James Pringle Jack, according to Andy Wightman’s brilliant website, Who Owns Scotland:

James Pringle Jack owns several other estates in the area, including Hensol and Dornells. It is not known whether Mr Jack operates a pheasant/partridge shoot at Overlaggan or whether any of the previous staff are still employed there. There is no suggestion that wildlife crime continues on the estate.

It’ll be interesting to see whether a General Licence restriction is imposed for the offences committed on the estate in 2021.

Van Cutsem’s gamekeeper convicted of having offensive weapon but all charges of alleged wildlife crime ‘withdrawn’

Two gamekeepers who work on William van Cutsem’s Hilborough Estate in Norfolk appeared at Norwich Magistrates Court this morning to face a number of charges of alleged wildlife crime.

Dominic Green, 35, of Cockley Cley Road, Hilborough, Thetford and William Richardson, 22, of Nethergate Street, Hopton, near Diss, had been charged with intentionally taking a Schedule 1 wild bird (a goshawk) at the Hilborough Estate, and the use of pigeons as decoys inside a crow cage trap to take/kill the goshawk. They had also been charged with failing to ensure the welfare of the pigeon decoys.

However, according to a report in the Eastern Daily Press this afternoon (here), all the wildlife crime charges were ‘withdrawn’ against both gamekeepers.

Green pleaded guilty to possession of an offensive weapon (an extendable police-style baton) and his lawyer argued he’d had this in his possession since 2003 when it was lawful to possess it.

Headline from today’s Eastern Daily Press

District Judge David Wilson recognised that Green was “essentially” of good character and imposed a fine of £1,000, with £400 costs and a £400 victim surcharge.

It hasn’t been reported why the wildlife crime charges were ‘withdrawn’.

This case relates to a police investigation that launched in April 2022 after the anti-bloodsports group, the Hunt Investigation Team, recorded covert footage of a masked man removing a goshawk from a trap that appeared to have been baited with a pigeon decoy which was said to have taken place on van Cutsem’s Hilborough Estate in Norfolk. The fate of the goshawk is not known, nor, it seems, the identity of the masked man who removed it from the trap and walked away with it.

Previous blogs on this case:

8th May 2022: Van Cutsem’s Hilborough Estate in Norfolk at centre of police investigation into alleged raptor persecution (here)

10th May 2022: Illegally-set trap found on van Cutsem’s Hilborough Estate in Norfolk (here)

11th May 2022: Police confirm bird of prey was caught in illegally-set trap on van Cutsem’s Hilborough Estate in Norfolk (here)

12th May 2022: Covert footage published showing masked man with trapped goshawk on van Cutsem’s Hilborough Estate (here)

16th May 2022: Mail on Sunday blames ‘vigilantes’ for police investigation into alleged wildlife crime on van Cutsem’s estate (here)

12th August 2022: GWCT disregards police investigation into alleged wildlife crime on van Cutsem’s Norfolk estate (here)

13 October 2023: Two gamekeepers due in court after police investigation on van Cutsems’ Hilborough Estate in Norfolk (here)

Two gamekeepers due in court after police investigation on Van Cutsem’s Hilborough Estate in Norfolk

Two gamekeepers are due to appear at Norwich Magistrates Court next week charged with a number of alleged offences relating to a police investigation that centred on William van Cutsem’s Hilborough Estate in Norfolk last year.

A police search of the estate took place in April 2022 after a group called the Hunt Investigation Team, describing itself as ‘anti bloodsports’, said it had recorded covert video footage of a masked man with a goshawk inside what was considered to be an illegally-set trap on the estate. The masked man removed the goshawk and walked away from the trap. The goshawk’s fate was unknown.

Details of the charges have not yet been publicised and as this will be the first hearing in this case, the two gamekeepers have not yet entered a plea. Hopefully details will become clearer after the first hearing.

PLEASE NOTE: As this is now a live prosecution blog comments will not be accepted until criminal proceedings have concluded. Thanks for your understanding.

Previous blogs on this case can be found here:

8th May 2022: Van Cutsem’s Hilborough Estate in Norfolk at centre of police investigation into alleged raptor persecution (here)

10th May 2022: Illegally-set trap found on van Cutsem’s Hilborough Estate in Norfolk (here)

11th May 2022: Police confirm bird of prey was caught in illegally-set trap on van Cutsem’s Hilborough Estate in Norfolk (here)

12th May 2022: Covert footage published showing masked man with trapped goshawk on van Cutsem’s Hilborough Estate (here)

16th May 2022: Mail on Sunday blames ‘vigilantes’ for police investigation into alleged wildlife crime on van Cutsem’s estate (here)

12th August 2022: GWCT disregards police investigation into alleged wildlife crime on van Cutsem’s Norfolk estate (here)

A ‘Humane cable restraint’ is still a snare, it’s just been rebranded to sound less archaic

Further to this morning’s blog warning that the Scottish Government might be hoodwinked into thinking a ‘humane cable restraint’ is different to a snare (here), I’d encourage you to read this brilliant briefing note written by Kirsty Jenkins, Policy Officer at OneKind, sent to the Rural Affairs Committee:

wildlife-bill-snaring-briefing-onekind-5-octoberDownload

Kirsty reiterates the fact that the game shooting lobby has simply re-branded the term ‘snare’ as a ‘humane cable restraint’ and that there’s no difference between the two:

The letter from Scottish Land & Estates, signed by ‘150 land managers’ calling on the Environment Minister to retain the use of ‘humane cable restraints’ has also now been published:

wildlife-bill-snaring-letter-from-sle-3-octoberDownload

Once again, the signatories to this letter, just as with the other recent SLE letter opposing grouse moor licensing plans, includes some ‘interesting’ names.

One of the signatories shares the same name as a gamekeeper who was convicted of raptor persecution offences several years ago. I imagine it’s simply coincidence and that these are two separate individuals because a convicted gamekeeper wouldn’t still be working in the game-shooting industry, given the industry’s proclaimed ‘zero tolerance’ stance on raptor persecution, right?

The letter also includes signatories from a number of gamekeepers from an estate in the Angus Glens where one of them was charged with alleged snaring offences several years ago after the discovery of a dead snared deer and two snared foxes -one dead from dehydration (suggesting the snare hadn’t been checked within the required 24hr time period) and another one with appalling injuries which had to be euthanised by an SSPCA inspector. For reasons that haven’t been disclosed (because they don’t have to), the Crown Office dropped the prosecution.

The letter also includes signatories from gamekeepers in the Southern Uplands Moorland Group – this is the region where gamekeeper Alan Wilson worked – Wilson was convicted in 2019 of nine wildlife offences, including the setting of 23 illegal snares (see here).

To be clear, I’m not contesting the right of gamekeepers to sign the letter to the Environment Minister – of course they have every right to do so and there is no suggestion that any of them are involved with unlawful snaring practices – but what I am doing is providing some important context for the benefit of the Minister and other decision makers about an industry that can’t be relied upon to self-regulate.

If you’re based in Scotland, I’d urge you to sign the e-action to the Environment Minister urging her to ban ALL snares, including those re-branded as ‘humane cable restraints’ – HERE.

Awareness-raising campaign about illegal killing of birds of prey in Yorkshire & Derbyshire

Anyone who’s been following this blog for any length of time will be aware that the illegal killing of raptors takes place all over the UK, although there are some counties where crimes against birds of prey occur more frequently than in others.

In the most recent Birdcrime report (2021) published by the RSPB, the top three counties with the highest number of confirmed raptor persecution crimes that year were Norfolk (13 incidents), Dorset (12) and North Yorkshire (10). Over a ten-year period, by far the worst county for raptor-killing is North Yorkshire, which is hardly a surprise given its large size that includes vast areas managed for gamebird shooting, including in the lowlands and uplands:

So it was good to see a campaign last week by the charity Crimestoppers, focusing on the illegal killing of raptors in Yorkshire. They published a webpage (here) with information about what signs to look out for and how to report these offences, and this poster was doing the rounds on social media:

A similar awareness-raising campaign featured in Derbyshire Police’s Rural Crime Team newsletter in the summer, re-published on Derbyshire Wildlife Trust’s website (here).

In the article, the Police downplayed the significance of raptor persecution on driven grouse moors, claiming it was ‘historical’, but the information about other aspects of raptor persecution were quite relevant, especially the theft of peregrine eggs and chicks, which Derbyshire sees a fair bit of (e.g. Derbyshire Police recently charged a man with disturbance and egg theft at a peregrine site and he’s due in court next month – here).

It was amusing to see the list of partners that Derbyshire Police claim to be working with to tackle raptor persecution – I wonder how many times members of the Moorland Association and the National Gamekeepers Organisation have assisted police enquiries other than giving ‘no comment’ interviews – but it was good to see the police acknowledge the use of night vision equipment to target roosting raptors:

‘Most offences of shooting birds of prey involve the use of shotguns, although rifle shooting using powerful scopes or night vision aids is also used to kill perched birds at considerable distances‘.

Earlier this month, an RSPB claim that some gamekeepers were using night vision equipment to kill roosting birds of prey made the headlines (here), much to the consternation of the game-shooting industry. Derbyshire Police’s ‘partner’, the National Gamekeepers Organisation, had this to say about it:

‘There is no proof whatsoever that night vision has been used to target raptors; no proof that gamekeepers have been involved in any way, and indeed no proof that the birds are in fact dead. This is simply another attack by the RSPB on gamekeepers and the shooting sector more widely‘ (see here).

But then the game-shooting industry still denies that raptor persecution is even a thing, so they’re hardly going to acknowledge the more devious tactics used by the raptor-killers in their midst, are they?

David Scott convicted of ‘catalogue of animal abuse’ whilst employed as Head Gamekeeper at Cabrach Estate

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

Gamekeepers using night vision goggles to shoot roosting golden eagles & hen harriers, claims RSPB

Gamekeepers in Scotland are using night vision goggles to shoot roosting golden eagles & hen harriers, according to Ian Thomson, Head of Investigations at RSPB Scotland, who has been quoted in an article published by the Mail on Sunday on 10th September.

Conservationists have long suspected this to be the case on certain estates, where the eagles’ satellite tag data have shown their sudden ‘disappearance’ from known roost trees at odd times of the night, never to be seen or heard from again. We know that gamekeepers routinely use night vision equipment for fox-shooting – the equipment is often advertised in the shooting press – so it’s not a stretch to think that some of them are also using this equipment for targeting and killing sleeping birds of prey.

Note also that Ian mentions a number of current police investigations into satellite-tagged raptors that have ‘disappeared’….news on those soon…there are a lot.

Here’s the article: