Tag: gamekeeper

Millden Estate (Angus Glens) gamekeeper convicted for animal cruelty in relation to badger baiting

The long-running criminal case against a gamekeeper from Millden Estate in the Angus Glens was partially completed yesterday.

Rhys Davies, 28, pleaded guilty at Forfar Sheriff Court to a number of offences relating to the keeping and training of dogs for animal fighting (badger baiting) and a failure to seek veterinary attention for dogs that had sustained serious injuries from those fights. He also admitted a number of firearms and shotgun offences relating to unsecured guns and ammunition.

This has been a long-running investigation that began back in May 2019. Unbelievably, Davies had submitted some photos to a printing company to be developed. Those photographs contained images of horrifically injured, disfigured and dead animals, along with a number of clearly identifiable individuals posing with spades at what looked to be fox dens and badger setts. Davies used his address at Millden Estate for the photo order to be returned.

Fortunately, the print developer recognised the serious nature of the images and reported the order to the Scottish SPCA.

In October 2019, the Scottish SPCA led a multi-agency raid on Millden Estate, and at another property in Aberdeenshire, where multiple pieces of evidence were uncovered during searches of gamekeepers’ houses and the wider estate.

Amongst other things, eleven dogs were seized from kennels at Davies’ cottage and from an outbuilding. Some dogs showed evidence of injuries, some fresh and others sustained previously. These injuries included a torn-off lower lip, extensive scarring and the lower face of one dog was missing. A collar tested positive for badger DNA.

Davies’ phone was seized and more images were found of harrowing animal injuries, GPS locations of where he’d been, and conversations with others in the gang discussing the fights, injuries sustained and comments about DIY veterinary attention.

One of these gang members, 32-year-old Liam Taylor of Deyhill, MacDuff, Aberdeenshire, was convicted last year for his role in this savagery (here).

Davies initially pleaded not guilty and his case was due to be heard in November 2020 but was adjourned, time after time (see here) until yesterday when he finally decided to plead guilty.

Davies’ defence agent, a QC, no less (I wonder who paid for that!) tried to plead for mitigation but the Crown Office Fiscal, Karon Rollo, made clear that Davies was a fully-trained gamekeeper (three-years college training) and had been employed as a gamekeeper for four years so knew exactly what he was doing. Sheriff Derek Reekie agreed and asked for social reports on Davies before sentencing in June 2022.

There’s a full court report by Ross Gardiner in The Courier here.

This case isn’t over yet. During the raid on Millden Estate in October 2019, a number of dead raptors were found stuffed in sacks at various locations. Police Scotland are dealing with this aspect of the case and I understand a separate court hearing will take place in relation to those birds.

Following yesterday’s conviction, I read a statement from an unnamed spokesperson at Millden Estate:

“The estate does not condone or tolerate any illegal activity relating to the welfare of animals or wildlife.

We were shocked to learn of all the allegations when they came to light.

The employee involved was suspended by the estate with immediate effect and resigned a few days later when the police investigation was still at an early stage.

At no stage was the estate itself the focus of the investigation“.

I don’t think that last sentence is true at all; it looks like a damage limitation exercise to me. Millden Estate was very much at the centre of this investigation, with the search extending from gamekeepers’ houses, to outbuildings, gardens and the wider ground including the land used for grouse, pheasant and partridge shooting.

I’d also argue that Millden Estate has a lot of questions to answer, not least how underkeeper Davies was able to keep 11 dogs, many of them seriously injured, without his Head Keeper, other under keepers, the sporting agent, or anyone else noticing.

Millden Estate has been at the centre of a number high profile wildlife crime investigations over the years, including the discovery of a poisoned golden eagle (here) and the discovery of a fatally-injured golden eagle whose legs had been virtually severed in what was believed to have been a spring trap. The eagle was found several days later dumped in a layby away from the estate, having travelled overnight according to its satellite tag data (here).

I’ll come back to the history of Millden Estate, and a number of other relevant issues relating to this case, over the coming days.

Meanwhile, we all owe the Scottish SPCA a huge debt of gratitude for uncovering the grotesque crimes of gamekeeper Rhys Davies and his depraved mates. This was an intricate, detailed investigation and without it this gamekeeper would likely still be employed by Millden Estate, inflicting vicious, unspeakable brutality on wildlife and dogs.

I look forward to the Scottish Government pulling their finger out and finally (after 11 years of procrastination) granting extended powers to the Scottish SPCA to allow them to investigate more wildlife crime.

Previous blogs on this case can be read here, here, here, here, here, here, here, here

Further delay for trial of Millden Estate gamekeeper accused of animal fighting offences

There has been yet further delay in the trial of a Scottish gamekeeper from the Millden Estate in the Angus Glens, who is accused of a number of animal welfare offences related to animal fighting.

This trial was due to commence today, after a series of adjournments going back to November 2020(!) but once again the case has been delayed, this time until May 2022.

Here’s some history on this case:

Police Scotland and the Scottish SPCA raided a property on Millden Estate and another property in Aberdeenshire in October 2019 after intelligence suggested animal fighting was taking place. A number of dogs were seized (see here) and a number of dead raptors were also discovered. The Scottish SPCA was dealing with the alleged animal fighting offences and Police Scotland were supposed to be dealing with the discovery of the dead raptors.

Charges relating to alleged animal fighting offences were brought in November 2020. Specifically these were under the Animal Health & Welfare (Scotland) Act 2006 as follows:

Section 19 (concerns offences related to unnecessary suffering).

Section 23 (concerns offences related to animal fights).

Section 24 (concerns offences related to ensuring the welfare of animals).

A preliminary hearing was due to be heard in court in November 2020 but was adjourned until 11th May 2021 and a trial date was set for 2nd June 2021.

The June trial date came and went and the case was further delayed, with a new trial date set for 3rd December 2021.

That December trial was adjourned, apparently at the behest of the gamekeeper’s QC, and a new trial date was set for 11th April 2022 (i.e. today).

Today’s trial has also been adjourned and a new trial date has been set for 5th May 2022.

There hasn’t been any public statement from Police Scotland about the circumstances in which the dead raptors were found. I have been asking the Police Wildlife Crime Officer about this aspect of the case for a couple of years now but the responses have been evasive and non-committal. Until January this year, when I was told:

“… A report is being submitted [to the Crown Office] forthwith.”

Unfortunately as this is a live case I am unable to publish further details or accept comments until proceedings have concluded. Thanks for your patience.

Previous blogs on this case can be read here, here, here, here, here, here, here

Two gamekeepers expelled from BASC after wildlife crime convictions

The British Association for Shooting & Conservation (BASC) has expelled two of its members following convictions for wildlife crimes.

The two expelled members are gamekeeper Hilton Prest from Cheshire who was convicted in December 2021 and gamekeeper Shane Leech from Suffolk who was convicted in November 2021.

Unusually, BASC posted an announcement about the expulsions on its website last week:

I say ‘unusually’ because although I’m aware of previous expulsions from game-shooting organisations following wildlife crime convictions, these are not common and when they do happen we tend to see vague statements sometime later, such as, ‘The Scottish Gamekeepers Association has expelled five members in recent years‘, but there’s rarely any evidence provided by which to authenticate the claim.

I’d argue that this rare open & transparent statement from BASC is as a result of long-term campaigning by conservationists to get the shooting organisations to back up their claims of having ‘zero tolerance of raptor persecution’. I also see it as a sign that the shooting organisations are feeling the increasing pressure imposed by campaigners, forcing the shooting industry to show Government policy-makers that it can self-regulate and thus avoid the inevitable enforced regulation that is hurtling towards them in the near distance, following on the heels of the forthcoming regulation in Scotland.

Good work, everybody, and especially to the multi-agency teams (Suffolk & Cheshire Police, RSPB Investigations, Natural England, National Wildlife Crime Unit, Crown Prosecution Service) that secured the convictions of these two gamekeepers after months of painstaking work.

General Licence restriction imposed on Invercauld Estate in Cairngorms after poisoned golden eagle & baits found

In March last year a dead golden eagle was found face-down on a grouse moor on Invercauld Estate in the Cairngorms National Park. It had been ‘deliberately’ poisoned with a banned substance, according to Police Scotland, and two poisoned baits were found close-by (see here).

[The poisoned golden eagle, next to a poisoned hare bait. Photo by RSPB Scotland]

[Invercauld Estate inside the Cairngorms National Park. Boundary data from Andy Wightman’s Who Owns Scotland website]

Today, 11 months after the grim discovery, the Scottish Government’s statutory nature conservation agency NatureScot has imposed a three-year General Licence restriction on part of Invercauld Estate. Here’s the press release:

General Licence restricted on Cairngorms Estate

NatureScot has restricted the use of general licences on part of the Invercauld Estate in the Cairngorms National Park.

The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds. This evidence included a poisoned golden eagle found on the estate in March 2021, along with a rabbit and a hare carcass, both baited with poison. The restriction will apply to the Gairnshiel and Micras moor on the estate, where the evidence of poisoning was found.

Donald Fraser, NatureScot’s Head of Wildlife Management, said: ““These poisoning incidents are appalling and an act of animal cruelty. The indiscriminate use of poisons is not only lethal to our iconic Scottish wildlife, but can also pose a serious health risk to people and domestic animals that come into contact with it. 

“We are committed to using all the tools we have available to tackle wildlife crime. In this case, there is clear evidence of criminal behaviour. Because of this, and the risk of more wildlife crimes taking place, we have suspended the use of general licences on this property for three years. They may still apply for individual licences, but these will be closely monitored.

“This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place, although under tighter supervision. We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime.

“We work closely with Police Scotland and will continue to consider information they provide on cases which may warrant restricting general licences. The detection of wildlife crime can be difficult, but this is the third time in recent months when we have restricted use of general licences on the basis of evidence of crime taking place. New and emerging technologies, along with a commitment from a range of partners to take a collective approach to these issues, will help us stop wildlife crime.”

General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.

ENDS

Here is the map showing the restricted areas on Invercauld Estate. The restriction applies from 9th February 2022 to 9th February 2025.

This has been a long time coming for this estate. I wrote about it in May 2021 (here) and I’ll repeat it here.

Invercauld Estate and the surrounding area has been at the centre of many alleged wildlife crimes over the years, including the discovery of three poisoned buzzards on the estate in 2005 (here), the discovery of a poisoned red kite at the Spittal of Glenshee on Invercauld Estate in January 2007 according to former police wildlife crime officer Alan Stewart (in litt. 9 Feb 2022), the discovery of an illegally shot peregrine at the Pass of Ballater in 2011, the reported coordinated hunt and subsequent shooting of an adult hen harrier at Glen Gairn on the border of Invercauld and Dinnet Estates in 2013, the illegally-set traps that were found near Geallaig Hill on Invercauld Estate in 2016, the suspicious disappearance of satellite-tagged hen harrier Calluna ‘on a grouse moor a few miles north of Ballater’ on 12 August 2017, the opening day of the grouse shooting season (here) although it’s not clear whether this was on Invercauld Estate or neighbouring Dinnet Estate, the suspicious disappearance of satellite-tagged white-tailed eagle ‘Blue T’ on Invercauld Estate in May 2018 (see here), the suspicious disappearance of satellite-tagged hen harrier Stelmaria ‘last recorded on grouse moor a few miles north west of Ballater, Aberdeenshire on 3rd September 2018 (see here), the discovery of a golden eagle flying around the area with a spring trap attached to its foot in August 2019 (here), the suspicious disappearance of satellite-tagged hen harrier (Wildland 2) on Invercauld Estate on 24 September 2019 (here) and the discovery of a deliberately poisoned golden eagle and poisonous baits on a grouse moor on Invercauld Estate in March 2021 (see here).

I’m pleased to see this restriction finally imposed on Invercauld, although I’d much rather have seen a series of criminal prosecutions. The restriction will have very little material affect on the game-shooting activities on Invercauld because the estate can simply apply for an individual licence allowing it to continue its activities as if no ‘clear evidence of criminal behaviour’ has been uncovered (more on that ridiculous situation shortly) but it does mean the estate’s reputation is damaged and it also means this can be used to apply pressure on organisations such as Scottish Land & Estates and the Scottish Gamekeepers Association, who both claim to have a zero tolerance of raptor persecution.

Will Invercauld Estate and its gamekeepers remain members of these two organisations?

UPDATE 7th April 2022: Invercauld Estate in Cairngorms National Park loses appeal against General Licence restriction imposed for wildlife crime (here)

How has the game-shooting industry reacted to the conviction of gamekeeper John Orrey?

Gamekeeper John Orrey’s conviction was secured in December 2021 when he pleaded guilty to five wildlife crime offences and four firearms offences. Sentencing was deferred until yesterday when he was handed a suspended custodial sentence and a small fine (see here) – nowhere near as severe as he deserved for deliberately baiting a trap to attract buzzards and then casually but brutally beating those buzzards to death with a stick as if it was part of his daily routine.

[Screengrab from the RSPB’s covert footage of criminal gamekeeper John Orrey killing buzzards at Hall Farm, Kneeton, Nottinghamshire]

At the time of his guilty plea I checked around the websites of the five game-shooting organisations that claim to have a ‘zero tolerance’ for raptor persecution to read their statements of condemnation and see what efforts they’d made to distance themselves from this criminal gamekeeper, e.g. expelled him from membership (if he is a member) or blacklisted him to prevent future membership, blacklisted the pheasant shoot at Hall Farm in Kneeton, Nottinghamshire where Orrey is employed etc.

I found absolutely nothing about his conviction on any of the shooting org websites.

Perhaps they were waiting for sentencing before they took action?

Well let’s see. At the time of writing this blog, 24 hours after Orrey was sentenced, and with the story being covered widely online and in local, regional and national press, of the five shooting organisations claiming zero tolerance of raptor persecution, the National Gamekeepers Organisation has remained silent, the Countryside Alliance has remained silent, the Moorland Association has remained silent, and the CLA has remained silent. So has the GWCT. How telling is that?

The only shooting organisation to have published a statement is BASC, although it’s so weak and heavily disguised it really needn’t have bothered.

Here it is:

Note there is no mention of gamekeeper John Orrey or that he’s just been convicted of committing 5 wildlife crimes and 4 firearms offences on a pheasant shoot in Nottinghamshire. There are just generic statements suggesting, as BASC always does, that it’s a ‘tiny minority’ responsible for the wide ranging criminality found within the game-shooting industry, even though the most recent report shows the number of raptor persecution crimes is at a 30-year high.

Any casual visitor to the BASC website will struggle to know what the article is even about, and I’d argue that that is exactly what the BASC press team intended when it decided on what the headline and text would be. ‘Yeah, let’s make it look as though we’re condemning this gamekeeper’s actions without actually referring to him or his case or providing any details, because that would be too embarrassing/damaging for our industry‘.

BASC has added a link at the foot of its statement but this is a link to an article in the Newark Advertiser! No disrespect to the Newark Advertiser, but why on earth didn’t BASC include a link to the RSPB blog and the RSPB video? BASC even mentions in its statement its so-called partnership work with the Raptor Persecution Priority Delivery Group (RPPDG), a group on which the RSPB is also present, so why not share the work of an RPPDG partner that’s been at the centre of this criminal investigation, if BASC is genuinely interested in dealing with raptor persecution?

I’ll tell you why. Because the publicity about gamekeeper John Orrey’s criminality is highly damaging to the game-shooting industry’s reputation. BASC even admits this in its own press statement. BASC needs to be seen to be condemning the criminality because otherwise it looks to be supportive of the crime at best, complicit at worst, but it will go out of its way to avoid providing the abhorrent details that a casual visitor to its website will rightly associate with the game-shooting industry.

Orrey is the 4th gamekeeper to be convicted of wildlife crimes/raptor persecution since November 2021. The three others were gamekeeper Shane Leech (33) in Suffolk (here), gamekeeper Peter Givens (53) in the Scottish Borders (here) and gamekeeper Hilton Prest (58) in Cheshire (here). I didn’t see any publicity/condemnation from any of the shooting organisations in relation to these other convictions.

So why has BASC responded to Orrey’s conviction and not the others? Simply pressure to be seen to be doing the right thing, because Orrey’s case has been high profile and drawn plenty of media attention due to the brutality of his crimes that were laid bare in the RSPB video. That footage is shocking and has caused revulsion amongst the general public. How else do you explain BASC’s silence (and all the other shooting organisations’ silence) about these three other convictions?

I’ve asked whether Orrey was/is a member of these organisations and if so, whether he’s been expelled. I haven’t received any responses.

And what now of John Orrey?

We know that his firearms were removed from him by Nottinghamshire Police back in January 2021 when his house was raided but there is no indication that he lost his job at that time. Indeed, in court his defence solicitor highlighted the fact that Orrey had managed to go a whole year without killing any more buzzards (see here).

Orrey was (is still?) employed by Hill Farm in Kneeton, Ruchcliffe, Nottinghamshire. This is a working farm with an ancillary pheasant shoot. It’s been reported that Orrey’s role is a mixture of farm labourer and gamekeeper. His firearms certificates have now been revoked for an indeterminate period (it’ll be up to the Chief Constable to decide whether Orrey is fit to have them returned) and as a result of his fine and suspended sentence, it seems he will not be allowed to use the General Licences for two years until his conviction is considered ‘spent’ and he is considered to have been ‘rehabilitated’ (in the eyes of the law, at least).

This should restrict Orrey’s gamekeeping activities considerably assuming he’ll abide by the law (and if he doesn’t he’ll find himself in jail because the suspension on his custodial sentence will no longer apply). If anyone happens to be walking in the Kneeton area and particularly in the vicinity of Hall Farm (there are public footpaths) it will be worth keeping a look out to see whether any traps are being deployed to catch and kill so-called ‘pest’ birds such as crows, magpies, rooks, jays, woodpigeons etc. If you find anything that looks suspicious please report it to Nottinghamshire Police immediately.

“A shocking & unnecessary act of cruelty & violence” says Judge sentencing gamekeeper John Orrey

Further to today’s news that gamekeeper John Orrey, 63, of Hall Farm, Kneeton, Nottinghamshire was sentenced today at Nottingham Magistrates Court for battering to death two buzzards he’d caught inside a trap (see here), here’s a piece from BBC journalist Simon Hare on East Midlands Today. Hare door-stepped Orrey as he left the court today but Orrey refused to comment.

Tom Grose from the RSPB Investigations team deserves credit for his poise and professionalism in what must have been a harrowing case.

Unfortunately this short video will expire at 7pm tomorrow (Saturday 29th Jan 2022) so watch it while you have the chance. Starts at 04.40 min:

https://www.bbc.co.uk/iplayer/episode/m0013www/east-midlands-today-evening-news-28012022

Gamekeeper John Orrey, convicted of beating to death two buzzards, avoids jail

Press release from RSPB, 28th January 2022

Keeper caught on camera killing buzzards

A gamekeeper has been sentenced to a total of 20 weeks’ imprisonment suspended for 12 months and fined £1000 after pleading guilty to killing two buzzards on land managed for pheasant shooting after an investigation by Nottinghamshire Police and the RSPB.

Shocking footage was played in court, showing John Orrey, 63, of Hall Farm, Kneeton, brutally killing two healthy buzzards inside a cage trap, into which they had been lured.

The court heard how, early in January 2021, members of the public reported a live buzzard caught in a cage trap in Kneeton, Nottinghamshire. Following up the report, an RSPB Investigations Officer located the trap on a pheasant shoot. There was a live buzzard inside – later confirmed to be a different bird than the one first reported – along with the carcasses of a pheasant and two stock doves, used as bait to attract the buzzard.

Cage traps can be used legally under license for certain reasons to catch corvids such as crows and magpies. However the law states that traps must be checked at least every 25 hours, and anything caught accidentally must be released unharmed.

The buzzard was released due to concerns for its welfare and the RSPB Officer installed a remote camera.

A review of the footage revealed that the trap had been visited on several occasions by a man – later identified as John Orrey – driving a green 4×4. Two buzzards entered the trap on separate, consecutive days, no doubt attracted to the carrion in the harsh weather. On both occasions Orrey entered the trap and bludgeoned the buzzards to death with the long handle of a slash hook.

[Ed: A five-minute video of these offences has been produced by the RSPB’s Investigations Team. WARNING – it contains distressing footage]

Nottinghamshire Police were notified and swiftly identified the suspect as John Orrey, a gamekeeper on a pheasant shoot on the land in question. A warrant was obtained to search his premises. In a barn near his home was the same green 4×4 with a long-handled slash hook in the boot. The bodies of the buzzards had likely been disposed of. A forensic examination of the two stock doves confirmed they had been illegally shot.

Buzzards and stock doves are legally protected by the Wildlife and Countryside Act 1981. To intentionally kill or injure one is a criminal offence and could result in an unlimited fine or up to six months in jail.

Orrey pleaded guilty to all charges in December 2021 and was sentenced today (28 January) at Nottinghamshire Magistrates’ Court. In relation to the killing of the buzzards, for each bird he received an 18-week suspended sentence to run concurrently and a £500 fine for each bird. He was also ordered to pay £650 costs and £50 victim surcharge, and £180 compensation to the Wild Justice Raptor Forensics Fund.

District Judge Grace Leong remarked: “This was a shocking and unnecessary act of cruelty and violence.”

Tom Grose, RSPB Investigations Officer, said: “When I first saw the footage I was shocked and sickened. The birds were subject to a repeated torrent of blows before being thrown into the boot of a vehicle. This was clearly a premeditated operation and yet again illustrates that the shooting industry has a serious problem that needs to be sorted. Killing birds of prey has been illegal for decades, and yet it is still commonplace. Why? Clearly the punishments are no deterrent and the courts must look at using the full range of sentences available – including jail – to signal clearly that this sort of behaviour is simply not acceptable.

“Better regulation is needed too. The RSPB has repeatedly asked for the conditions on cage traps to be tightened. The UK Government must follow the recommendations of the recent

UN assessment, which calls for stronger regulation of the shooting industry and to allow for the removal of licences to use these traps.”

Chief Inspector Heather Sutton, Nottinghamshire Police’s lead for rural crime, said: “This sentencing is extremely significant and I hope it demonstrates just how seriously Nottinghamshire Police takes reports of rural crime and how we will work together with our partners to bring anyone committing these horrific offences to justice. It is unacceptable that any wildlife should experience the kind of ordeal John Orrey subjected them to.”

Orrey pleaded guilty to 5 x WCA and 4 x firearms charges:

• Possession of two dead stock doves.

• Intentionally killing a common buzzard on 8/1/21

• Intentionally killing a common buzzard on 9/1/21

• Using a cage trap to kill or take a wild bird

• Possession of an article (slash hook) capable of being used to commit an offence

• Failure to comply with condition of shotgun certificate (weapon not securely stored)

• Failure to comply with condition of firearms certificate (ammunition not securely stored)

• Failure to comply with condition of firearms certificate (weapons and ammunition not securely stored)

• Possessing ammunition for a firearm without a certificate

If you find a wild bird of prey which you suspect has been illegally killed, phone the police on 101, email RSPB Investigations at crime@rspb.org.uk or fill in the online form: https://www.rspb.org.uk/our-work/our-positions-and-campaigns/positions/wildbirdslaw/reportform.aspx

ENDS

I understand a blog from the RSPB is imminent, providing more detail and commentary than this press release.

I’ll post both as soon as they become available.

UPDATE 15.20hrs: An article in the Newark Advertiser provides more detail about the case and states that Orrey’s shotgun licence has been revoked (see here).

UPDATE 15.50hrs: The blog by the RSPB’s Investigations Team can be read here

UPDATE 18.50hrs: Photo of buzzard-killer John Orrey from BBC News:

UPDATE 19.10hrs: Wild Justice Raptor Forensic Fund helps secure conviction of buzzard-killing gamekeeper John Orrey (here)

UPDATE 21.00hrs: “A shocking and unnecessary act of cruelty and violence” says Judge sentencing gamekeeper John Orrey (here)

UPDATE 23.00hrs: Coverage on Channel 4 News here

UPDATE 29th January 2022: How has the game-shooting industry reacted to the conviction of gamekeeper John Orrey? (here)

UPDATE 24th August 2022: BBC programme ‘Caught Red Handed’ features conviction of buzzard-killing gamekeeper John Orrey (here)

Gamekeeper to be sentenced today for beating to death two buzzards in a trap

A gamekeeper will be sentenced at Nottinghamshire Magistrates Court today after he pleaded guilty to beating to death two buzzards that he caught inside a crow cage trap in Nottinghamshire in January 2021 (see here for previous blog). There are additional offences, including a firearms offence.

[Nottinghamshire Police visited the crime scene to collect evidence with the RSPB Investigations Team in January last year. Photo via Nottinghamshire Police Rural Crime Team].

I think we can expect to see extensive coverage of this case from the RSPB, including the video of the so-far-unnamed gamekeeper killing the buzzards, once sentencing has been handed down. I also understand there may be coverage on Channel 4 News this evening.

The widespread mis-use of crow cage traps to trap & kill birds of prey

RSPB Investigations Officer Guy Shorrock published an insightful blog yesterday (‘Cage traps in the spotlight across the UK’) detailing the ongoing and widespread mis-use and abuse of crow cage traps, often used by criminal gamekeepers to trap and kill raptors, sometimes deliberately and sometimes through reckless negligence.

His blog provided details of an incident in Wales in April last year, and I don’t recall seeing any media coverage of this case. The following text is reproduced directly from Guy’s blog:

A case from April last year again highlights our concerns. A member of public found a crow cage trap on sheep grazing farmland in North Wales containing a buzzard, a red kite and multiple crows. The finder released all the birds and reported it to us.

As with all cage traps outside Scotland, without marking and registration it can far more difficult, often impossible, to identify the trap operator. A visit by my colleague Niall Owen confirmed the presence of a lamb carcass, which should have been properly disposed of and not used as bait, along with two carrion crows. A week later the trap held two crows and a buzzard plus the bodies of two further crows. To identify a trap operator, and to determine whether the licence conditions were being complied with, a covert camera was installed for a couple of days. At this point, there was no clear contravention of the licence conditions. The buzzard was in good health, so it was left in situ and provided with fresh water and food just in case visits were not made. One dead crow was seized and sent off for a post-mortem. Two days later the buzzard was still present, thankfully alive and well, so was released unharmed. We informed North Wales Police who identified the farmer operating the trap and ensured it was rendered incapable of trapping.

[Buzzard caught inside the cage trap, photo by Niall Owen, RSPB. This bird was released by the RSPB when it became clear the trap was not being operated lawfully]

The post-mortem on the carrion crow confirmed the bird had died of starvation, confirming further breaches of the licence conditions and animal welfare regulations. Had the original finder and ourselves not released the trapped birds, we fear they would have met the same fate. This case was about negligence rather than any deliberate targeting of birds of prey, and following the police investigation, the operator was given a Community Resolution Order. This had a requirement that they could not operate cage traps until a suitable course has been attended.

Guy’s blog is timely as we await the sentencing of a gamekeeper who has recently been convicted of killing two buzzards in a cage trap in Nottinghamshire (see here). The RSPB has what Guy describes as ‘graphic footage’ filmed on a covert camera showing exactly how the gamekeeper used the trap to catch and then kill two buzzards. I understand the RSPB will release this video evidence after sentencing next week.

I’d encourage you to read Guy’s blog in full (here) to understand the different approaches being deployed (or not) to address these offences in England, Scotland and Wales and how members of the public can help catch the killers.

Convicted gamekeeper to escape 3-year General Licence restriction for killing birds of prey?

On 30th November last year, gamekeeper Peter Givens from the Cathpair Estate in the Scottish Borders was convicted at Selkirk Sheriff Court of recklessly killing a barn owl and a goshawk in September 2020.

The two supposedly protected species had become caught inside a cage trap operated by Givens but they starved to death because Givens had failed to release them as he was required to do by law.

Givens was fined a pathetic £300 and a £20 victim surcharge (see here).

[Photograph of the unlawfully operated trap on Cathpair Estate. Photo by Stuart Spray]

Givens’ sentence was derisory, there’s no doubt about that, especially when you consider raptor persecution is supposedly a National Wildlife Crime Priority.

But the £300 fine from the court wasn’t Givens’ only sanction. On conviction, Givens was automatically banned from using the General Licences, including those which permit the killing of some birds (especially corvids) but also GL14, the licence that permits a person to use certain traps to kill stoats in Scotland for the conservation of wild birds or the prevention of serious damage to livestock.

This automatic ban on using the General Licences came in to force the day gamekeeper Givens was convicted, because General Licences ‘cannot be used by those convicted of a wildlife crime on or after 1 January 2017 unless, in respect of that offence, they are a rehabilitated person (for the purposes of the Rehabilitation of Offenders Act 1974 and that conviction is spent), or a court discharged them absolutely‘, according to the terms of the General Licences.

If Givens is the only gamekeeper on Cathpair Estate (and I have no information about that) then being prevented from killing crows and stoats would probably have a negative impact on the estate’s ability to host a gamebird shoot, unless the estate employs other gamekeepers to conduct those duties. Although, as ridiculously as ever, a convicted gamekeeper may still apply to use an Individual Licence to carry on operating traps and guns to kill corvids and stoats as if he’d never committed his crimes at all.

When gamekeeper Givens’ sentence was announced, I was interested in how this automatic ban on using the General Licences would apply, and I especially wondered whether it would extend for three years, as per the usual General Licence restriction imposed on estates where evidence of wildlife crime is apparent but insufficient to result in a prosecution.

However, when I looked up how long it would be before Givens’ conviction could be considered spent, I found it was only 12 months (according to the Rehabilitation of Offenders Act 1974 as amended by the Management of Offenders (Scotland) Act 2019). So this means Givens would not be allowed to use the General Licences to kill corvids and stoats for a period of only 12 months (unless he applied for an Individual Licence) but after those 12 months had expired (30th November 2022) he’d be able to return to killing wildlife under the conditions of the General Licences.

Eh? That seems a bit counter-intuitive, doesn’t it? On the one hand, regulator NatureScot can impose a three-year General Licence restriction on an estate where the police have evidence of criminal activity but insufficient evidence to pin it on any named individual. But when the authorities secure an actual conviction for wildlife crime on an estate, then the General Licence sanction only applies for one year, instead of three, if the criminal has been convicted and handed a ludicrously tiny fine that is likely to have been paid by his employer anyway!

That didn’t make sense to me so I contacted NatureScot and asked them about it. They agreed that it was counter-intuitive and that this scenario hadn’t really been considered before, probably due to the incredibly low prosecution/conviction rates for raptor persecution, especially in recent years. However, now that this ridiculous situation had been brought to their attention, NatureScot advised that they would be looking at tightening up the terms of the General Licences to better reflect the lack of trust that a conviction for a wildlife offence implies.

This will probably come too late to be applied to gamekeeper Givens, and to be fair to NatureScot they can only work with the existing terms and conditions that apply at any one time, but I was encouraged to hear that part of the planned review will also be to consider how Fiscal Fines and Fixed Penalty Notices for wildlife offences impact the ability of an individual to operate under General Licences.

Meanwhile, if anyone is out and about for a walk on the Cathpair Estate in the next ten months it may well be worthwhile having a look to see whether any traps are being operated to kill corvids and stoats. If they are and you’re suspicious of their legality, take photographs and a grid reference/What3Words and report them to Police Scotland on 101. Please share your report with the RSPB’s Investigations team so they can follow up with the police.

[The Cathpair Estate boundary (in blue), from Andy Wightman’s Who Owns Scotland website]