Prosecution continues against Scottish gamekeeper Alan Wilson for alleged wildlife crimes

The case against Scottish gamekeeper Alan Wilson continued with a procedural hearing at Jedburgh Sheriff Court on Monday 1st April.

Mr Wilson faces multiple charges of alleged wildlife crimes following a police raid on a shooting estate at Longformacus in the Scottish Borders in June 2017 (see here here and here).

Mr Wilson has not yet entered a plea but will have a chance to do so at another intermediate hearing, and depending on his plea, a potential trial date has been set to begin on 13 June 2019.

Please note: we will not be accepting comments on this news item until legal proceedings have concluded. Thanks.

Former Edradynate Estate head gamekeeper cleared of crop poisoning charges

David Campbell, the former head gamekeeper of Edradynate Estate in Perthshire, has been cleared of all charges relating to the poisoning of game crops on the estate in April 2017.

It had been alleged that David Campbell had maliciously damaged game crops by spraying them with an unknown substance which caused them to rot and perish. At the time of the alleged offences, Campbell was no longer an employee of the estate, having worked there since 1983 but after falling out with the landowner, millionaire city financier Michael Campbell (no relation), his employment was terminated in February 2017.

[Edradynate Estate, photo by Ruth Tingay]

Michael Campbell had told the court that he believed his former employee had caused the damage ‘in revenge’ and said he could identify David Campbell on CCTV by his distinctive “mutton chop” facial hair. Various witnesses had told the court that David Campbell had been “upset” at having to leave his long-term employment at Edradynate Estate.

Last week, David Campbell’s defence solicitor had argued that the case against his client should be dropped because there was a lack of evidence to show his client was the person caught on the covertly-filmed CCTV. Sheriff Gillian Wade had rejected the argument and said the court had been presented with sufficient evidence for the case to proceed.

However, at Tuesday’s court hearing Sheriff Wade cleared David Campbell after ruling the case against him had not been proved beyond reasonable doubt.

This latest failed prosecution is one of several linked to the Edradynate Estate, although the majority of the previous allegations have related to the alleged illegal poisoning of birds of prey, rather than alleged crop poisoning. Despite at least 22 police investigations over several decades (according to former Tayside wildlife crime officer Alan Stewart), nobody from Edradynate Estate has ever been successfully prosecuted for any of these alleged wildlife crimes.

[A poisoned buzzard at Edradynate in 2015, photo RPUK]

We’ve blogged about this estate a lot over the years (see links here), and most recently in relation to the alleged poisoning of two buzzards in 2015 and the Crown Office’s decision in 2017 not to prosecute one of the Edradynate gamekeepers (un-named), despite Police Scotland urging otherwise (see here).

Edradynate Estate is currently serving a three year General Licence restriction, imposed in Sept 2017 and which we believe relates to the alleged buzzard poisonings in March 2015.

Last year three dogs and two more buzzards were reported to have been “deliberately poisoned” in the area but nobody has been charged (see here) and we are not aware of any suggested link between these poisonings and any current employee of Edradynate Estate.

Don’t laugh, but gamekeepers claim to “care deeply” about protecting hen harriers!

It’s not quite April Fools’ Day but the National Gamekeepers’ Organisation thought it’d get in there early this year.

Just a week on from the publication of a scientific paper that demonstrated the catastrophic loss of satellite-tagged hen harriers was undeniably linked to land managed by gamekeepers for grouse shooting (see here), the National Gamekeepers’ Organisation (NGO) published this on its website:

Amazing, eh?

Remind us again, NGO – where was the last known location of the latest hen harrier to ‘disappear’ in suspicious circumstances? Ah yes, in Wiltshire, close to the proposed hen harrier reintroduction site and in an area heavily managed for pheasant and partridge shooting. And what did the NGO say about this bird’s disappearance? Ah yes, that it was “a set up” by the RSPB.

And remind us again, NGO – what examples do you have of the NGO “living in harmony with buzzards“? Ah yes, you supported a gamekeeper (who had a prior poison-related conviction) to get licences to kill buzzards to ‘protect’ his pheasants.

And remind us again, NGO – what was your most recent action on the RPPDG, the group that’s supposed to tackle illegal raptor persecution? Ah yes, it was to resign.

And please could you tell us, NGO, what is “Circus cyaneusto“?! Is this an imaginary harrier species, to match the gamekeepers’ imaginary devotion to hen harriers that we’re supposed to believe?

Not so much April Fools, more like deluded fools.

National Gamekeepers’ rep still in denial about extent of illegal raptor persecution

A couple of weeks ago we blogged about how Tim Weston, a Development Officer for the National Gamekeepers’ Organisation (NGO) had suggested that the suspicious disappearance of satellite-tagged hen harrier ‘Vulcan’ had been a “set-up” by the RSPB (see here).

At the same time, he argued that there was “zero wildlife crime” in the area where Vulcan vanished, even though the RSPB had already recorded 27 confirmed raptor persecution incidents since 2000, including 10 shot, 9 poisoned, 7 trapped and one nest destruction.

Tim’s not great with figures. Nor logic. In a letter he wrote for last week’s Countryman’s Weekly rag he suggests that as there are now fewer convictions for raptor persecution, it follows that there are fewer crimes. Good grief. Perhaps he missed the latest edition (2017) of the RSPB’s annual Birdcrime report, which says:

In 2017, there were 68 confirmed incidents of raptor persecution, but only four prosecutions relating to raptor crime. Of those, only one resulted in a conviction‘.

The main focus of Tim’s letter was on the NGO’s recent resignation (here, here and here) from the Raptor Persecution Priority Delivery Group (RPPDG), a group established to tackle illegal raptor persecution:

Check out that last paragraph:

Although the NGO has left the [RPPDG] group it is still doing the very best of educating and encouraging peer pressure to halt any any raptor persecution and the results speak for themselves”.

Indeed, Tim, “the results do speak for themselves” because two days after your letter was published we were able to read those results in a top quality scientific paper that revealed that 72% of satellite tagged hen harriers were either confirmed as illegally killed or disappeared in circumstances in which illegal killing was the only plausible explanation, most of them on or close to grouse moors. The research results also revealed that the likelihood of an individual hen harrier dying, or disappearing, was ten times higher within areas predominantly covered by grouse moor, compared to areas with no grouse moors.

Sorry Tim, no cigar for you, although you do appear to have won a knife, what with your letter being deemed the ‘star letter’ of last week’s rag (which gives everyone a pretty good idea about the quality of the other letters published in Countryman’s Weekly).

And what of the National Gamekeepers’ Organisation’s formal response to the hen harrier satellite tag paper? Was it any more convincing than Tim’s grasp of the extent of raptor persecution?

Not really. This is from the NGO’s website:

Who ever wrote this response for the National Gamekeepers’ Org didn’t quite manage to include the information that was central to the research findings: that, er, the illegal killing of hen harriers is intrinsically linked to the distribution of grouse moors across northern England, which is, er, where gamekeepers work.

Former Edradynate Estate Head Gamekeeper fails to persuade court to abandon his trial

The trial of Edradynate Estate’s former head gamekeeper continued at Perth Sheriff Court last week.

David Campbell, 69, denies that between 14 and 16 April 2017 at Edradynate Estate he maliciously damaged game crops by spraying them with an unknown substance which caused them to rot and perish.

[Edradynate Estate driveway, photo by Ruth Tingay]

At the time of the alleged offences, Campbell was no longer an employee of the estate, having worked there since 1983 but after falling out with the landowner, millionaire city financier Michael Campbell (no relation), his employment was terminated in February 2017. Michael Campbell told the court in November 2018 that he believed his former employee had caused the damage ‘in revenge’ (see here).

During a hearing in late January, the court heard from various witnesses who claimed David Campbell was ‘upset’ about having to leave his long-term position at Edradynate (see here).

At day three of the trial last week David Campbell’s solicitor, David Holmes, failed to have the case thrown out of court. Mr Holmes argued that there was a lack of evidence to show that his client was the person seen on the covert CCTV images. However, Sheriff Gillian Wade rejected this argument and said the court had been presented with sufficient evidence to let the Crown continue with its prosecution.

The case continues.

It might seem odd that we’re reporting on this case, and although we can’t explain that decision while this trial is on-going, all will become clear in due course.

PLEASE NOTE: We’re not accepting comments on this case until the trial concludes. Thanks.

Grouse shooting lease on wildlife crime grouse moor will not be renewed

The owner of Denton Moor, a company called NG Bailey, has announced it will not renew the grouse shooting lease to its current tenant following a spate of wildlife crime.

Denton Moor in the Nidderdale AONB in Yorkshire was where the RSPB filmed footage of several armed men, dressed as gamekeepers, shooting at a nesting Marsh harrier and removing eggs from the nest in May 2017 (see here). Despite good efforts from North Yorkshire Police, the armed men have not been identified.

[RPUK map showing the location of Denton Moor]

Last month gamekeeper Austin Hawke was convicted of wildlife crime on the same moor after a badger was found dead in a snare in May 2018 (see here).

Campaigners have been targeting NG Bailey for some time and the recent conviction of one of the shooting tenant’s gamekeepers seems to have been the last straw for the landowner.

David Hurcomb, Chief Exec said:

NG Bailey is aware of the prosecution of Austin Hawke, the gamekeeper who is employed by and works for the tenants. To clarify, Austin Hawke is not employed by Denton Park Estate. As a business, we find this behavior totally unacceptable and do not condone this type of conduct – it is not reflective of the company’s values or ethical practices. We have advised the tenants that under no circumstances will the lease be renewed when it expires”.

Excellent news. Although whether that means it’ll be leased to someone other than the current tenant remains to be seen. We’re not sure when the current lease expires.

The efforts of a wide range of people have led to this result, allowing campaigners to join up the dots and apply pressure. Well done to them all, including the RSPB Investigations team, North Yorkshire police, local raptor workers, the Crown Prosecution Service and local campaigners.

Well done also to David Hurcomb and his colleagues at NG Bailey – this is a very welcome decision.

Lying in wait: gamekeepers trying to lure raptors to within shotgun range in Peak District National Park?

Some of you may remember the footage of an armed man, believed to be a gamekeeper, lying in wait close to a decoy hen harrier on a grouse moor in the Peak District National Park, back in 2016 (see here).

The footage was so disturbing, and the public reaction so strong, it prompted the National Trust (the landowner) to pull the shooting lease early and replace the shooting tenant with someone else (see here). Incidentally, that new tenant hosted a successful hen harrier breeding attempt last year (see here), even though some of the offspring didn’t survive for very long after leaving the safety of this moor (e.g. Arthur, see here and Octavia, see here).

We’ve also blogged before about what was believed to be the use of a tethered live eagle owl as a decoy on a grouse moor in the Lammermuirs (see here), although the suspected gamekeeper took off pretty sharpish once he realised he’d been spotted.

Well, it seems this method of using to decoys to lure in birds of prey to within close range of a shotgun is more prevalent than we’d thought.

Today the RSPB Investigations Team has published a video of several armed men (identified as gamekeepers by the RSPB) over a period of months spending hours and hours and hours of their time sitting in specially-dug holes in close proximity to a plastic peregrine and a plastic hawk, believed to have been used as decoys to attract other birds of prey. The location? A grouse moor in the Peak District National Park.

Hmm, it’s really no surprise that the Peak District National Park was identified in the recent scientific analysis of hen harrier sat tag data as one of the grouse moor areas where hen harriers were most likely ‘disappear’ in suspicious circumstances (see here).

The RSPB has also written a blog about this footage, and similar evidence of decoy use that has been recorded on other grouse moors in the north of England. Read the eye-opening blog here.

Fantastic investigative work from the RSPB to get such close and clear footage and there’s a strong chance that these gamekeepers won’t be using those particular decoy sites again in the near future!

At least 72% satellite tagged hen harriers presumed illegally killed on grouse moors

At long last, after years of stalling, hiding, prevaricating and obsfuscating (e.g. see here and here) and 13 years after its publicly-funded study began, Natural England’s hen harrier satellite tag data has finally been analysed and published in a peer-reviewed scientific journal.

The paper is open access and can be downloaded here: Widespread illegal killing of HH on British grouse moors

Here is the abstract:

The results? Entirely predictable (hen harriers are highly likely to be killed on grouse moors – gosh, who knew?), and are more likely to be killed inside protected areas such as National Parks and Areas of Outstanding Natural Beauty (AONBs) with large areas of grouse moors than any other type of landuse, especially these protected areas in North Yorkshire, Bowland and the Peak District:

Unfortunately the results do not have the same fine resolution as those of the golden eagle sat tag review, but that is simply a consequence of using different types of satellite tag and duty cycles. E.g. the golden eagle tags, especially the newer GSM solar powered tags, are ‘on’ constantly and are collecting data every minute when fully charged, whereas the hen harrier tags are using the Doppler/Argos system so the tags are less spatially accurate and have frequent periods when they are not ‘on’, thus not collecting data. Nevertheless, even being forced to undertake an analysis at a coarse scale, the results are still damning.

The most devastating result, in our opinion, is the extent of the criminality and this is what should be grabbing the attention of Ministers. Sure, we’ve all known for years that hen harriers are killed by gamekeepers on many driven grouse moors; everybody knows and acknowledges that, but the scale of the killing has always been challenged (or more usually, denied).

But this paper puts an end to those denials. 72% of the Natural England sat tagged hen harriers are presumed to have been illegally killed, versus 9% natural deaths. 72% is the MINIMUM value. If you exclude the tagged birds that are still alive/being tracked (7), and thus just look at the tagged birds with a known end fate, then the maximum value of illegally killed satellite tagged hen harriers would be 82% versus 9.8% natural deaths. It’ll be interesting to add the RSPB-tagged birds to this in due course.

82% of young tagged hen harriers are likely to have been illegally killed, on grouse moors. Compare that to the 31% of satellite tagged golden eagles that ‘disappeared’ in suspicious circumstances on or near driven grouse moors in Scotland. In a direct response to that 31%, Scottish Environment Secretary Roseanna Cunningham ordered an independent review of grouse moor management, specifically to examine opportunities for licensing.

How do you think her Westminster counterparts, Michael Gove & Dr Therese Coffey will respond to the 82% figure? Let’s see, shall we?

A press release has been issued by the partner organisations involved in the hen harrier sat tag analysis, as follows:

STUDY SUGGESTS WIDESPREAD ILLEGAL KILLING OF HEN HARRIERS ON ENGLISH GROUSE MOORS

A new study reveals that young hen harriers in England suffer abnormally high mortality compared to populations in Orkney and mainland Scotland and the study provides compelling evidence that the most likely cause is illegal killing in areas associated with grouse moor management.

Published today in Nature Communications, this paper represents the culmination of a 10-year Natural England study involving 58 satellite tagged hen harriers. The analyses have been led by the University of Cape Town and Aberdeen University with the provision of land use data by the RSPB. The study showed the likelihood of hen harriers dying, or disappearing, was ten times higher within areas predominantly covered by grouse moor, compared to areas with no grouse moor. The study revealed that 72% of tagged harriers were either confirmed or considered very likely to have been illegally killed.

The hen harrier, sometimes called the ‘skydancer’ because of its amazing acrobatic display in the breeding season, is one of England’s rarest birds and is legally protected. Illegal killing of hen harriers has long been thought to limit their population size, but identifying the scale of these crimes and their impact on harrier populations has been difficult because they occur in remote areas and evidence is likely to be destroyed, thus successful prosecutions are rare. This long-term study has enabled patterns of disappearances to be assessed across a large number of birds. This provides overwhelming evidence that illegal killing is occurring on some grouse moors, where some gamekeepers view hen harriers as a threat to their grouse stocks.

Stephen Murphy from Natural England led the data collection and commented: Natural England welcomes the publication of this study, which demonstrates the value of tagging as a legitimate conservation tool. These analyses are a significant step in understanding the fate of tagged hen harriers, and confirm what has long been suspected – that illegal persecution is having a major impact on the conservation status of this bird.”

Dr Megan Murgatroyd, from the University of Cape Town, who is the lead author of the study said: “Natural England’s long-term commitment to this tracking study has yielded an important dataset involving over 20,000 individual fixes. This is a remarkable achievement for a species whose population in England has averaged only a handful of pairs for the last few years. Whilst dead harriers can be disposed of, the pattern of hen harrier disappearances revealed by this data could not be hidden. [Ed: She’s clearly been listening to Dr Hugh Webster – that’s his line!] The multiple levels of analyses of the data have all led to the same robust conclusion that hen harriers in Britain suffer elevated levels of mortality on grouse moors, and this is most likely the result of illegal killing.“

Dr David Douglas, RSPB Principal Conservation Scientist and a co-author on the paper, said: “The high rate of illegal persecution on grouse moors revealed by this study goes a long way to explaining why hen harriers are barely hanging on as a breeding bird in England. Satellite tag data is giving us very valuable insights into what is happening to our birds of prey in the UK. It has already provided compelling evidence of the link between suspicious golden eagle deaths and grouse moors in Scotland and now it has done the same for hen harriers in England.”

Rob Cooke from Natural England said: “Natural England will continue its satellite tracking work to further improve our understanding of hen harrier movements and behaviour, and will continue work to improve the conservation status of the species. Natural England welcomes the support of many landowners in this, and will continue to work with all landowners and other interested parties to find ways of enabling hen harrier populations to increase from their current critically endangered levels in England”. 

ENDS

[Satellite-tagged hen harrier Carroll, who’d been shot]

UPDATE 20 March 2019: Responses to hen harrier satellite tag paper: Supt Nick Lyall, Chair RPPDG (here)

UPDATE 21 March 2019: Responses to hen harrier satellite tag paper: BASC (here)

UPDATE 21 March 2019: Responses to hen harrier satellite tag paper: DEFRA Wildlife Minister Dr Therese Coffey (here)

UPDATE 22 March 2019: Responses to hen harrier satellite tag paper: Northern England Raptor Forum (here)

UPDATE 24 March 2019: Responses to hen harrier satellite tag paper: Moorland Association (here)

UPDATE 25 March 2019: Responses to hen harrier satellite tag paper: GWCT (here)

Gamekeepers’ rep suggests disappearance of hen harrier Vulcan was “set up” by RSPB

At the end of February 2019, the RSPB announced the suspicious disappearance of a satellite-tagged hen harrier called Vulcan who had vanished in January 2019 in an area heavily managed for gamebird shooting in Wiltshire (see here).

[Hen harrier Vulcan, photo by RSPB]

The suspicious disappearance of any satellite-tagged hen harrier in the UK is significant because the loss of any of these young birds is a reminder of just how precarious the hen harrier population is, and as many of them seem to disappear on grouse moors it’s also usually a repeated reminder of how the authorities have failed to address the rampant criminality associated with this type of land management.

Whilst Vulcan’s disappearance was not on a grouse moor, it was in an area managed for pheasant and partridge shooting and his disappearance was still significant because this area from which he ‘disappeared’ was close to the proposed release site of Natural England’s highly controversial hen harrier reintroduction project, a supposedly raptor persecution free zone.

The inevitability of yet another lost hen harrier (the 12th to vanish in suspicious circumstances since last summer) and the significance of Vulcan’s last known location has led Tim Weston, Devlopment Officer for the National Gamekeepers’ Organisation, to accuse the RSPB of a “set up” (or, in more formal legal terms, of perverting the course of justice [by fabricating evidence]).

We’ve come to expect this sort of nonsense from a small number of pro-shooting, anti-RSPB trolls on social media but to see it from a representative of the National Gamekeepers’ Organisation (NGO) was more than a little surprising.

Here are a series of tweets from National Gamekeepers’ Org employee, Tim:

Zero wildlife crime in this area until [RSPB] tracked HH flies overhead“? Tim must have missed the tweet from the RSPB Investigations Team on Sunday night where they outlined some of the confirmed raptor persecution crimes in this area:

Does the National Gamekeepers’ Organisation endorse Tim Weston’s accusations? Not that it matters anymore, since the NGO walked out of the partnership group trying to tackle the illegal killing of birds of prey in England and Wales (the Raptor Persecution Priority Delivery Group, RPPDG). With the gamekeepers gone, hopefully the RPPDG can now focus on the issue at hand instead of being side-tracked and disrupted by distractions like this.

Meanwhile, an organisation which retains its membership of the RPPDG and has played a central role in tackling the illegal persecution of birds of prey in northern England is the Northern England Raptor Forum (NERF). NERF has today issued a statement about the suspicious disappearance of hen harrier Vulcan, because even though Vulcan vanished in southern England, he hatched from a nest in northern England where NERF members helped to protect the site. Read NERF’s statement here

Gamekeeper convicted of wildlife crime on Yorkshire grouse moor (where Marsh harrier nest attacked in 2017)

Today at Skipton Magistrates gamekeeper Austin Hawke was convicted of a wildlife crime that took place on a Yorkshire grouse moor in May 2018.

The offence related to a dead badger found caught in a snare close to a stink pit on Denton Moor on 28 May 2018. Hawke was found guilty of failing to check the snare contrary to section 11 of the Wildlife & Countryside Act.

[Photos of the dead snared badger and the stink pit, contributed by a blog reader who wishes to remain anonymous]

On conviction, Hawke was given a 12 month conditional discharge and ordered to pay a £20 victim surcharge and £625 costs.

A pathetically feeble penalty, again, but well done to North Yorkshire Police’s Rural Task Force for pursuing this case and to the Crown Prosecution Service for securing the conviction.

What’s particularly interesting about this case is the location. This offence took place on Denton Moor and within one mile of the location of a Marsh harrier nest that was illegally attacked on several occasions in May 2017. The Marsh harrier nest was under video surveillance by the RSPB and the camera captured a number of armed gunmen, dressed as gamekeepers, who appeared to be shooting at the adult harriers and removing the eggs from the nest.

Despite a thorough investigation by North Yorkshire Police, nobody was ever charged for these alleged offences. As we’ve come to expect, the police received little help from the grouse shooting community when trying to identify the armed suspects.

Here is the map we created at the time, and below that is the RSPB’s video footage of the repeated attacks on the nest.

UPDATE 27 Feb 2019

North Yorkshire Police have issued the following press statement today:

A gamekeeper found guilty of committing a wildlife crime received a conditional discharge at Skipton Magistrates Court.

Austin Hawke, 51, of Ilkley, failed to check a snare following an incident at Denton on 29 May 2018 where a badger was found dead.

The offence is listed under the Wildlife and Countryside Act 1981.

Following a trial on Tuesday (26 February 2019), Hawke was found guilty and received the conditional discharge. He was also ordered to pay £645 costs and surcharge.

Sergeant Kev Kelly, of North Yorkshire Police’s Rural Task Force, said: “This case was reported following a member of the public who was aware of our proactive work under Operation Owl.

From the evidence collected, it was apparent that the badger had suffered before it had eventually died after being caught in the snare. Therefore this case was fully investigated to ensure other animals didn’t undergo the same fate.

If the defendant had been using breakaway snares it is less likely that he would have killed the badger.

I am disappointed as we have been doing some really good partnership working with local Nidderdale keepers who want to show the public good practice and accountability.

Hawke’s conviction will no doubt have an impact on how his profession is viewed. I think he has done his wider colleagues a disservice.”

Geoff Edmond, RSPCA National Wildlife Coordinator, said: “The RSPCA continues to work closely with the North Yorkshire Police’s Rural Task Force and this result highlights the strength of partnership working under Operation Owl.

“This badger will have suffered a horrific and prolonged death having been snared in this way.

“The RSPCA is against the use of snares because they are indiscriminate in what they catch and they cause tremendous suffering. But while they remain legal we hope we can work together with the Police and National Gamekeepers’ Organisation to raise awareness of the good practice guide so as to improve accountability.”

ENDS