Mossdale Estate resigns from Moorland Association over illegal pole traps incident

pole trapIt’s been two weeks since the news emerged that a gamekeeper on the Mossdale Estate in the Yorkshire Dales National Park had been filmed setting three illegal pole traps on a grouse moor where a female hen harrier had been observed hunting (see here).

It’s been 12 days since the Moorland Association admitted that the owner of Mossdale Estate was a member of the MA (see here) and how disgusted they were that these crimes had taken place, but not quite disgusted enough to kick the owner out of their organisation.

It’s taken them a while (perhaps because they were still recovering from being “very sad” over the National Trust’s decision to terminate the lease of a grouse moor tenant in the Peak District National Park (see here) but now the Moorland Association is in full damage limitation mode.

The following statement has just appeared on their website:

Illegally set traps – final statement

15th June 2016

Statement from Moorland Association Director, Amanda Anderson:

“The MA has formally reviewed the incident on Mossdale Estate where an underkeeper admitted to setting traps illegally. The keeper is no longer employed by the estate. Mossdale has also resigned its membership of the MA”.

END

So, still not quite disgusted enough to expel this member, then?

And what of the gamekeeper, ‘no longer employed by the estate’? Was he allowed to resign or was he sacked? And is/was he a member of the National Gamekeepers’ Organisation? We did ask this question 12 days ago but the National Gamekeepers’ Organisation hasn’t yet responded. Perhaps they too have been ‘very sad’ about recent events and haven’t yet been able to face the world. Let’s ask them again. Emails to: info@nationalgamekeepers.org.ukĀ 

There’s some other unfinished business also relating to these crimes. We’re still waiting to hear back from Acting Assistant Chief Constable Amanda Oliver of North Yorkshire Police, who 15 days ago promised “a full review” of why this criminal gamekeeper was let off with a police caution instead of being prosecuted (see here). To be fair, she was on holiday when she made this promise so we’re happy to give her a bit more time to publish her findings.

Photo: one of three illegal pole traps found on the Mossdale Estate. (Photo by RSPB Investigations).

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 6

Criminal proceedings continued on 3rd June against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Dick was sentenced in September 2015 and was given a £2000 fine (see here), although he is appealing his conviction.

Here’s a quick review of the proceedings against Andrew Duncan so far:

Hearing #1 (18th August 2015): Trial date set for 23rd Nov 2015, with an intermediate diet scheduled for 20th Oct 2015.

Hearing #2 (20th October 2015): Case adjourned. Nov trial date dumped. Notional diet hearing (where a trial date may be set) scheduled for 18th January 2016.

Hearing #3 (18th January 2016): Case adjourned. Another notional diet & debate scheduled for 11th March 2016.

Hearing #4 (11th March 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 4th April 2016.

Hearing #5 (4th April 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 3rd June 2016.

Hearing #6 (3rd June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 17th June 2016.

For those interested in gamekeeper Billy Dick’s appeal, we blogged about it here.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to force four and a half years ago on 1st January 2012. To date there have been two successful convictions: one in December 2014 (see here) and one in December 2015 (see here).  One further case did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).

The ‘secrets of the Angus Glens’ that Countryfile forgot to mention

On Sunday evening, Countryfile included a piece about the grouse moors of Invermark Estate in the Angus Glens and how it was “a haven for wildlife”.

It can be viewed on iPlayer here for the next 28 days (starts at 22 mins in).

Inane, vacuous and unquestioning, this piece was heralded in previews as ‘uncovering the secrets of the glen’.

Invermark is only one of several grouse moor estates in the Angus Glens. Here are some secrets of the wider Angus Glens that weren’t mentioned on Countryfile:

2004 May, near Edzell: long-eared owl and two short-eared owls starved to death in crow cage trap.Ā  No prosecution.

2004 May, Invermark Estate: peregrine nest destroyed. No prosecution.

2006 March, Glenogil Estate: poisoned rabbit bait (Carbofuran). No prosecution.

2006 April, Easter Ogil: poisoned buzzard (Alphachloralose). No prosecution.

2006 April, Easter Ogil: poisoned tawny owl (Alphachloralose). No prosecution.

2006 May, Glenogil Estate: poisoned rabbit bait (Carbofuran). No prosecution.

2006 June, Glenogil Estate: poisoned woodpigeon bait (Carbofuran). No prosecution.

2006 June, Glenogil Estate: Traces of Carbofuran found in estate vehicles & on equipment during police search. No prosecution. Estate owner had £107k withdrawn from his farm subsidy payments. This was being appealed, but it is not known how this was resolved.

2006 July, Millden Estate; poisoned sheepdog (Lindane). No prosecution.

2007 November, Glenogil Estate: Disappearance of radio-tagged white-tailed eagle ā€˜Bird N’ coincides with tip off to police that bird allegedly been shot. No further transmissions or sightings of the bird.

2008 May, ā€˜Nr Noranside’: poisoned white-tailed eagle ā€˜White G’ (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 May, ā€˜Nr Noranside’: poisoned buzzard (Bendiocarb). No prosecution.

2008 May, ā€˜Nr Noranside’: poisoned mountain hare bait (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 May, Glenogil Estate: 32 x poisoned meat baits on fenceposts (Carbofuran, Isophenfos, Bendiocarb). No prosecution.

2008 October, ā€˜Glenogil Estate: poisoned meat bait on fencepost (Carbofuran). No prosecution.

2009 March, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2009 March, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2009 April, Millden Estate: poisoned buzzard (Alphachloralose). No prosecution.

2009 July, Millden Estate: poisoned golden eagle ā€˜Alma’ (Carbofuran). No prosecution.

2009 August, Glenogil Estate: poisoned white-tailed eagle ā€œ89ā€ (Carbofuran). No prosecution.

2010 May, ā€˜Nr Noranside’: poisoned red kite (Carbofuran). No prosecution.

2010 September, Glenogil Estate: poisoned buzzard (Chloralose). No prosecution.

2010 October, Glenogil Estate: poisoned buzzard (Carbofuran). No prosecution.

2010 October, Glenogil Estate: poisoned pigeon bait (Carbofuran). No prosecution.

2010 October, Glenogil Estate: poisoned pigeon bait (Carbofuran). No prosecution.

2011 February, Airlie Estate: buzzard caught in illegal crow trap. (see below)

2011 March, Airlie Estate: 3 x buzzard caught in illegal crow trap. Prosecution (!) but dropped after statement from suspect given to SSPCA deemed inadmissible.

2011 April, Millden Estate: shot buzzard. No prosecution.

2012 April, ā€˜Nr Noranside’: Remains of buzzard found beside pheasant pen. Suspicious death.

2011 June, Rottal & Tarabuckle Estate: dead kestrel inside crow cage trap. No prosecution.

2012 February, ā€˜Nr Edzell’: spring-trapped buzzard. No prosecution.

2012 February, ā€˜Nr Bridgend’: remains of buzzard found under a rock. Suspicious death.

2012 May, Millden Estate: satellite-tagged golden eagle seemingly caught in spring trap, then apparently uplifted overnight and dumped on Deeside with two broken legs & left to die. No prosecution.

2012 May, Glen Esk: disappearance of sat-tagged red kite. No further transmissions or sightings of bird.

2013 January, Invermark Estate: white-tailed eagle nest tree felled. No prosecution.

2013 June, Glen Ogil: shot buzzard. No prosecution.

2013 July, Glen Moy: illegal hawk trap. No prosecution.

2013 September, nr Edzell: unset spring trap next to bait. No prosecution.

2013 November, Glen Lethnot: poisoned golden eagle ā€˜Fearnan’. No prosecution.

2014 August & September, Glenogil Estate: alleged snare offences. Prosecution of gamekeeper underway (currently ongoing).

2014 October, Nathro: shot buzzard. Prosecution? Unknown.

And some more secrets of the Angus Glens that weren’t mentioned:

No breeding hen harriers on the grouse moors of the Angus Glens since 2006 (see here).

Mountain hare massacre on the grouse moors of the Angus Glens (see here).

Angus Glens gamekeeper facing trial for alleged pole-trapping offences (see here).

Mark Avery has written an alternative and more accurate Countryfile script (see here) than the one that was aired on Sunday evening.

Plenty of people on social media have been asking when Countryfile will do a piece on illegal raptor persecution. To be fair, they did one in 2014 (we blogged about it here) and it was fairly well balanced, but this then begs the question why Countryfile researchers hadn’t done their homework for this latest episode.

Had they done so, here are some of the images they would have found from those ‘wildlife haven’ grouse moors of the Angus Glens. From the top down, an illegally poisoned golden eagle, another illegally poisoned golden eagle, an illegally poisoned white-tailed eagle, an illegally trapped golden eagle that was then dumped in a layby with two broken legs and left to die, the nest tree of a white-tailed eagle that was illegally chainsawed to the ground, and a pile of rotting shot mountain hares. The grouse moors of the Angus Glens a wildlife haven? Hardly. They’re notorious wildlife crime scenes.

Petition to ban driven grouse shooting here

Fearnan

alma

whiteg

deeside eagle

wtenesttree

mountain-hare-cull-angus-glens-large-copy

Criminal pole-trapper is gamekeeper on Mossdale Estate

pole trapThis won’t come as any surprise to anyone, but it has now been confirmed that the man given a police caution for setting illegal pole traps on a grouse moor on the Mossdale Estate in the Yorkshire Dales National Park is……wait for it….a gamekeeper from the Mossdale Estate.

How do we know? Because the Moorland Association has said so.

In a rather late public statement (probably issued after coming under considerable pressure to say something), the Moorland Association says the unnamed 23-year old is a ‘junior employee’ of the Mossdale Estate.

By the way, the name of this individual has not been publicised, and nor can it be (hence the pixelated photo from the RSPB in previous articles about this crime) because he is protected by the Rehabilitation of Offenders Act 1974Ā (see here for a good explanation). This Act’s basic premise is that after a period of x years post-conviction (depending on the type of crime committed – typically five years for someone convicted of a wildlife crime), the conviction can be ignored and need not be divulged (with one or two exceptions). If somebody does then publish information about the individual’s conviction, they may be subject to libel damages, but only if the primary motive for publishing the information was malicious. What’s amazing about this legislation in this particular case is that if an individual receives a police caution, that caution is considered immediately ‘spent’, which means that the individual cannot be publicly named in relation to his crime, even immediately after his admission of guilt! It gives a whole new meaning to the term police protection.

Anyway, back to that statement from the Moorland Association. Here it is:

Disgust at use of illegally set traps on posts

3rd June 2016

Chairman of the Moorland Association, Robert Benson, has today issued the following statement:

We agree with the RSPB and others expressing disgust about the use of illegally set traps on posts. This behaviour could result in indiscriminate capture of wildlife and prolonged suffering. It was rightly outlawed in 1904 and these is no place for it in 21st Century moorland management. There are perfectly good legal and targeted predator control measures available to protect ground nesting birds at this time of year, not least through the licensing system.

The owner of the estate where this gamekeeper worked is a member of the Moorland Association. He has made it clear that neither he nor his head gamekeeper knew anything of this illegal and totally unacceptable activity by a junior employee. The employee who set the traps has been suspended and, as a result of having accepted a police caution for his action, now carries a criminal record and has lost his right to own firearms.

END

The first paragraph is a commendable condemnation of illegal pole-trapping. The problem is, whether it was said with sincerity or not, many of us don’t believe it’s worth the paper it’s written on. It’s clear from this case alone that whatever the Moorland Association thinks, it has little influence over what actually happens on a grouse moor.

What would be more convincing is if the Moorland Association expelled any of its members on whose grouse moor this illegal practice had been detected. Now THAT would be a more credible display of zero tolerance for illegal raptor persecution, wouldn’t it?

But no. Instead we get a feeble explanation that the grouse moor owner and his head gamekeeper knew nothing about the illegal activity taking place on that moor. And that, it seems, is enough justification for the grouse moor owner to remain a member of the club. Does that indicate a Moorland Association policy of zero tolerance to you? It doesn’t to us.

And what action has the grouse moor owner taken against his criminal employee who has already admitted ‘illegal and totally unacceptable’ behaviour? He’s just suspended him. He hasn’t fired him, he’s JUST SUSPENDED HIM.

That tells you everything you need to know about the grouse-shooting industry.

Please sign the petition to ban driven grouse shooting HERE

We’re interested in finding out whether this criminal gamekeeper is / was a member of the National Gamekeepers’ Organisation. Let’s ask them. Emails to: info@nationalgamekeepers.org.uk

Decision pending in Scottish gamekeeper’s conviction appeal

Last month we blogged about how a Scottish gamekeeper, William (Billy) Dick, was appealing against his conviction for killing a buzzard (see here).

A quick recap:

In August 2015, gamekeeper William (Billy) Dick, now 26, was found guilty of killing a buzzard on the Newlands Estate, Dumfriesshire, in April 2014. Two witnesses had observed him striking the buzzard with rocks and then repeatedly stamping on it (see here). In September 2015 he was sentenced: £1,500 fine for killing the buzzard and £500 for possession of the dead buzzard (see here).

Dick had maintained his innocence throughout the trial and had claimed he was elsewhere when the offence took place (see here).

His appeal was due to be heard in April but was then delayed. His appeal was heard at the High Court on 13th May 2016:

Billy Dick high court appeal May 2016 - Copy

The three presiding judges have reserved judgement. This means they’ll consider the appeal and produce a written judgement in due course.

How long before we can expect to hear their decision? We have no idea. Apparently there’s no time limit and much will depend on the quantity and complexity of the evidence heard, and how busy the three judges are! See here for an enlightening blog about waiting for a reserved judgement.

The decision will impact on the current prosecution against Newlands Estate landowner Andrew Duncan, charged with being vicariously liable for gamekeeper Dick’s crimes. The case against Andrew Duncan has encountered frequent delays while Dick’s appeal was underway. The next court hearing in the vicarious liability case is scheduled for 3rd June 2016 (see here). We can expect further delays if the judgement on Dick’s appeal has not been delivered by then.

Scottish gamekeeper charged in connection with shooting of hen harrier

Court proceedings began at Elgin Sheriff Court yesterday against gamekeeper Stanley Gordon who has been charged in connection with the shooting of a hen harrier in June 2013.

Stanley Gordon, 60, of Cabrach, Moray, did not enter a plea and the case was continued until 16th June 2016.

Trial date set for Angus Glens gamekeeper for alleged pole-trapping offences

Last month we blogged about court proceedings in the case of an Angus Glens gamekeeper, Craig Graham, who is facing accusations of alleged pole-trapping offences on the Brewlands Estate (see here).

Graham, 51, is accused of setting and re-setting a pole trap, baited with a pheasant carcass, between 9-17th July 2015.

At a third hearing at Forfar Sheriff Court yesterday, Graham pleaded not guilty to the charges.

This has now triggered a trial, provisionally set for 9th September 2016, with an intermediate diet to be heard on 16 August 2016.

Angus Glens gamekeeper charged with pole-trapping offences

Scottish gamekeeper Craig Graham, 51, has been charged with repeatedly setting an illegal pole trap on an estate in the Angus Glens.

At a second court hearing yesterday (1st court hearing 31st March 2016), Forfar Sheriff Court heard that Head gamekeeper Mr Graham allegedly set and re-set a pole trap, baited with a pheasant carcass, on a tree stump, between 9th-17th July 2015. A further charge states that Mr Graham set the illegal trap with the intention of killing or taking a wild bird.

The offences are alleged to have occurred between Bridge of Brewlands and Kirkton of Glenisla. According to Andy Wightman’s Who Owns Scotland website, this area comprises part of the Brewlands and Kilry Estate.

The case was continued until 12th May 2016.

BBC news article here

Courier article here

Scottish gamekeeper appeals conviction for killing buzzard

A Scottish gamekeeper is appealing his conviction for killing a buzzard.

In August 2015, gamekeeper William (Billy) Dick, now 26, was found guilty of killing a buzzard on the Newlands Estate, Dumfriesshire, in April 2014. Two witnesses had observed him striking the buzzard with rocks and then repeatedly stamping on it (see here). In September 2015 he was sentenced: £1,500 fine for killing the buzzard and £500 for possession of the dead buzzard (see here).

Dick had maintained his innocence throughout the trial and had claimed he was elsewhere when the offence took place (see here).

His appeal was due to be heard this week but has now been delayed until 13th May 2016:

Dick appeal April 2016 postponed - Copy

The outcome of this appeal will be interesting on several levels, not just whether the evidence accepted in the original trial was good enough. The case is tied in with the prosecution of Newlands Estate landowner Andrew Duncan, who is charged with being vicariously liable for the criminal actions of gamekeeper Dick. Andrew Duncan’s case has been repeatedly adjourned while Dick’s appeal is heard (see here).

If Dick’s appeal is upheld, we might expect the allegations against Andrew Duncan to be dropped. If the case against the landowner is dropped, we might expect landowners’ lobby group Scottish Land & Estates (SLE) to reinstate the membership of Newlands Estate, and also reinstate the Newlands Estate accreditation to SLE’s Wildlife Estates Scotland initiative, which, you’ll recall, has been “voluntarily suspended” pending legal proceedings (see here).

Interesting times ahead.

More cock and bull from Ian Botham

shrivelled bananaIan Botham used to be best known for his world-class reputation as an English cricketer. These days he’s better known to some of us as being the grouse-shooting industry’s teller of cock and bull stories [definition: an absurd, improbable story presented as the truth].

Cock story hereĀ (We’ll spare you the repulsive accompanying image but it looked a lot like this picture on the right).

Bull stories here, here, here, here,Ā hereĀ and here.

Today’s Mail on Sunday contains another Botham-penned cock and bull story, aimed again, of course, at the RSPB. It’s a long rant that volleys off in as many directions as one of the shotgun cartridges Botham fires at game birds, with pellets spraying everywhere in the hope that one might hit the target.

He seems to think that the RSPB has it in for eagle owls, although the evidence he provides is, well, shaky to say the least. By the way, Beefy, if you’re going to pretend to be a knowledgeable ornithologist, at least learn how to express binomial nomenclature: it’s GCSE-level stuff that the genus always starts with a capital letter. Anyway, he alludes to ‘something he read’ last month about the RSPB wanting to ‘nip the colonisation [of eagle owls] in the bud’ although he doesn’t provide a link to said article. Fortunately, his friends over at the GWCT have provided a link, and it’s to an article published in the Yorkshire Post in March – we’ll come to that.

Incidentally, isn’t it strange that the GWCT blogged about eagle owls today, a Sunday, the same day as Botham’s article was published? It’s almost as if the GWCT knew Botham’s attack was coming and wanted to join in, helpfully loading the cartridges into Beefy’s gun before he squeezed the trigger. Take note, RSPB, the GWCT is one of your so-called ‘partners’.

Anyway, back to that article in the Yorkshire Post (here). In it, the journalist cites an unnamed ‘RSPB Officer’ as saying if there was a significant increase in eagle owl numbers it might be wise to ‘nip the colonisation in the bud’. This, it seems, is the basis for Botham’s rant. Yes, really, that’s it.

But who was this ‘RSPB Officer’? Was it even an RSPB employee? It seems strange that what he/she purportedly said is at odds with the ‘official’ RSPB position on eagle owls, as published on the RSPB website (here).

Now, even Botham, with his questionable judgement, must have realised that this ‘evidence’ was flimsy and nowhere near enough to justify another full-scale attack on the RSPB so he’s padded out his story with some other ‘stuff’. This consists of much of the usual guff, including his oft-repeated claim that gamekeepers ‘are putting their house in order’ and no longer killing raptors. Here’s a nice pie chart that says differently:

gamekeepers prosecuted - Copy

Before today’s article in the Mail on Sunday, many of us had been wondering what this season would hold. There are some, an optimistic few, who thought that with the publication of DEFRA’s Hen Harrier Inaction Plan, things might settle down, the sniping in the media might stop, partnership-working might do what it’s supposed to do, and hen harriers and other upland raptors might just be left alone.

Having read today’s article, many of us (so farĀ over 27,500) believe that’s cock and bull.