Tag: gamekeeper

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 1974 (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 here (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, here 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 far over 27,500) believe that’s cock and bull.

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 5

Criminal proceedings continued yesterday  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.

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 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).

Crown Office drops prosecution against Glenogil Estate gamekeeper

Snared fox dead alt, Glenogil Estate, Credit OneKindRegular blog readers will know we’ve been following the case of Scottish gamekeeper William Curr, who had been charged last year with alleged snaring offences on Glenogil Estate in the Angus Glens, said to have occurred in September 2014 (see here, here, here and here).

The charges related to allegations that several snares had not been checked (as they are required to be) within a 24-hour period of being set, after a field officer from the charity OneKind had discovered a dead snared deer, a dead snared fox and another snared fox that was still alive but had to be euthanised at the scene due to the extent of its horrific injuries (see OneKind photo).

For a harrowing description of what was found on Glenogil Estate, including a confrontation with the Head Gamekeeper, read this blog on the OneKind website.

Curr’s trial was due to start on 9th May but last week (10 March) the Crown Office informed the court that it was not going to proceed. OneKind has not yet been able to ascertain the reason for this decision, and in fact may never find out because the Crown Office is under no obligation to explain.

Accountability and transparency, anybody?

To quote from the OneKind blog:

“OneKind is mystified by the dropping of this case, given the eye witness evidence, the horrific video footage and the detailed follow-up investigation carried out by the Scottish SPCA. This was a shocking incident where at least six people, including gamekeepers, witnessed the terror and pain of a live fox as the wire noose of a snare sliced into its abdomen. Had our research officer not been on the estate on that particular day, who knows how much longer the fox would have continued to suffer?

To put this dreadful story in the wider context: snares are still legal in Scotland and the rest of the UK. It is simply intolerable that the suffering this fox endured should be considered legally acceptable. The video footage is utterly harrowing and illustrates an animal which is clearly distressed, both physically and mentally. OneKind has long called for an outright ban on all snares and sadly we feel these calls have been justified by this case.

OneKind will seek an explanation for the failure of the Scottish justice system to bring this animal welfare case to court“.

The reason we’ve been so interested in this case is because the alleged offences occurred on the Glenogil Estate, one of several grouse shooting estates in the Angus Glens where wildlife crime incidents keep cropping up but have never resulted in a successful prosecution. For example, here are some incidents reported from in and around Glenogil over the last ten years:

2006 March: poisoned rabbit bait (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2006 April: poisoned buzzard (Alphachloralose). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2006 April: poisoned tawny owl (Alphachloralose). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2006 May: poisoned rabbit bait (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2006 June: poisoned woodpigeon bait (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2006 June: Traces of Carbofuran found in estate vehicles & on equipment during police search. Not listed in 2006 RSPB annual report but reported here. (Now former) estate owner John Dodd had £107k withdrawn from his farm subsidy payments as a result. This was being appealed but it is not known how this was resolved. Also a write up in RSPB 2007 annual report. No prosecution.

2007 November, Glenogil Estate: Disappearance of radio-tagged white-tailed eagle ‘Bird N’ coincides with tip off to police that bird been shot. No further transmissions or sightings of the bird. Not listed in RSPB annual report but reported here. No prosecution.

2008 May: poisoned white-tailed eagle ‘White G’ (Carbofuran, Isophenfos, Bendiocarb). Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2008 May: poisoned buzzard (Bendiocarb). Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2008 May: poisoned mountain hare bait (Carbofuran, Isophenfos, Bendiocarb). Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2008 May: 32 x poisoned meat baits on fenceposts (Carbofuran, Isophenfos, Bendiocarb). Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2008 October: poisoned meat bait on fencepost (Carbofuran). Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2009 March: poisoned buzzard (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2009 March: poisoned buzzard (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2009 August: poisoned white-tailed eagle “89” (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2010 May: poisoned red kite (Carbofuran). Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2010 September: poisoned buzzard (Chloralose). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2010 October: poisoned buzzard (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2010 October: poisoned pigeon bait (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2010 October: poisoned pigeon bait (Carbofuran). Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

2012 April: Remains of buzzard found beside pheasant pen. Listed as ‘Nr Noranside’ in RSPB annual report. No prosecution.

2014 June: shot buzzard. Listed as ‘Glenogil’ in RSPB annual report. No prosecution.

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 4

Criminal proceedings continued last week against 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.

Proceedings against Andrew Duncan, 71, who is believed to be responsible for the pheasant shoot on Newlands Estate, began in August 2015 and a provisional trial date was set for 23rd November 2015 (see here). However, at an intermediate diet hearing in October, the November trial date was dumped and a notional diet hearing (where a trial date may be set) was set for 18th January 2016 (see here). At the January hearing, proceedings were adjourned again for another notional diet and a debate to take place on 11th March 2016.

At last week’s hearing the case was continued again, pending the result of William (Billy) Dick’s appeal.

The next installment of Andrew Duncan’s case will be heard on 4th April 2016.

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 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).

Previous blogs on the Andrew Duncan case here, here and here.