Criminal proceedings continued yesterday against Scottish gamekeeper William Curr of Glenogil Estate in the Angus Glens.
Curr, 22, is accused of several wildlife crimes alleged to have taken place on the Glenogil Estate in August and September 2014.
An intermediate diet has been set for 19th January 2016 and a preliminary trial date of 9th February 2016.
We love it when the grouse shooting community produces its propaganda pieces to spoon-feed to the (sym)pathetic right wing elements of the national press. It’s usually a masterclass in foot-shooting and provides us with ample material for a good laugh.
Take this month’s latest offering – a published, commissioned report from the University of the Highlands & Islands:
‘Grouse Shooting, Moorland Management and Local Communities: Community Perceptions and Socio-Economic Impacts of Moorland Management and Grouse Shooting in the Monadhliaths and Angus Glens‘
and a video produced by the Angus Glens Moorland Group (basically all the gamekeepers that work there) entitled:
‘The Untold Story: Driven Grouse Shooting’.
The publication of these two pieces was celebrated at a Parliamentary reception last week (see here) hosted by Fergus Ewing MSP, Minister for Business, Energy and Tourism (a long-standing supporter of the Scottish Gamekeepers’ Association) and attended by gamekeepers and luminaries from the grouse shooting industry such as Doug McAdam from Scottish Land & Estates.
The report mostly suggests that there is great support for grouse moor management and all its ‘benefits’, from within the two communities surveyed. We’re not going to say very much about these findings at the moment other than to say that we are aware that someone has been analysing the survey questionnaire data and has discovered some fundamental flaws that basically render the report’s findings obsolete. We’ll return to this once the analysis has been completed. The report can be downloaded here: Grouse Shooting Moorland Management and Local Communities_2015
What we do want to blog about now is the hilarious video produced by the Angus Glens gamekeepers. This video (watch it here) was first published on the Inglorious 12th, timed to coincide with the opening of the grouse shooting season. It formed part of a new campaign called ‘The Gift of Grouse’, which is a one-year propaganda offensive, heavily promoted (and maybe even funded) by Scottish Land & Estates, and others, aimed at cleaning up the media image of the grouse shooting industry. Check out their website here.
For some reason, the video has now been re-launched this month, perhaps to coincide with the publication of the commissioned report. Whatever, that doesn’t really matter. This video really is a gift and an almighty own-goal.
You would think that if the grouse-shooting industry wanted to portray an image of lawful, environmentally-sensitive management, that they’d choose to focus on an area that wasn’t notorious as a massive wildlife crime scene, wouldn’t you? Well, apparently not.
This video is brilliant. It includes interviews with head gamekeepers from five grouse-shooting estates in the Angus Glens; some of these estate names will be very familiar to regular readers of this blog. The interviewees are: Jason Clamp (Millden Estate), Garry MacLennan (Invermark Estate), Martin Taylor (Glenlethnot Estate), Danny Lawson (Glenogil Estate) and Bruce Cooper (Glenprosen Estate). [Incidentally, one of these head keepers shares his name with a gamekeeper who was formerly employed on Skibo Estate in 2010 when three poisoned golden eagles were found poisoned. What an amazing coincidence. No prosecution for poisoning those eagles, natch, although the sporting manager was done for possession of a massive stash of banned Carbofuran].
The video provides a heart-warming narrative of the daily lives of gamekeepers in the Angus Glens, complete with a soothing musical backing track, where the keepers are keen to explain how they care for the welfare of all the wildlife in the Glens and how the emphasis is no longer on just the grouse, apparently.
Jason Clamp (Millden) says: “We’re not looking for massive bags of grouse” and “We’re not looking to kill thousands of grouse“.
That’s an odd statement coming from the head keeper of perhaps one of the most intensively-managed grouse moors in the area. According to the Millden Estate sales brochures (2010 and 2011) great emphasis is placed on the record number of grouse that have been killed / are available to be killed and this is a prime selling point. Record bag sizes are also apparently the main reason the estate owner decided to withdraw his estate from sale in 2011 (see here).
We’re also told by Garry MacLennan (Invermark) that the Angus Glens are great for raptors (ahem – see below) and the video bizarrely cuts to show what looks remarkably like a Gyr/Saker hybrid falconry bird….whatever it is, it certainly isn’t a native species and it certainly isn’t a wild bird living in those Glens.
Probably the most amusing thing about this video (and there is an awful lot to laugh at) is the title: ‘The Untold Story’. Oh, the irony.
Here are some of the untold bits of the untold story that, unsurprisingly, don’t feature in this film:
Known raptor persecution incidents in the Angus Glens 2004-2014 –
2004 May, near Edzell: long-eared owl and two short-eared owls starved to death in crow cage trap. 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 ‘Bird N’ coincides with tip off to police that bird been shot. No further transmissions or sightings of the bird.
2008 May, ‘Nr Noranside’: poisoned white-tailed eagle ‘White G’ (Carbofuran, Isophenfos, Bendiocarb). No prosecution.
2008 May, ‘Nr Noranside’: poisoned buzzard (Bendiocarb). No prosecution.
2008 May, ‘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, ‘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 ‘Alma’ (Carbofuran). No prosecution.
2009 August, Glenogil Estate: poisoned white-tailed eagle “89” (Carbofuran). No prosecution.
2010 May, ‘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, ‘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, ‘Nr Edzell’: spring-trapped buzzard. No prosecution.
2012 February, ‘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 November, Glen Lethnot: poisoned golden eagle ‘Fearnan’. No prosecution.
2014 October, Nathro: shot buzzard. Prosecution? Unknown.
There’s also no mention of the massacre of mountain hares known to take place across the Angus Glens. This photo shows a pile of slaughtered hares photographed on Glenogil Estate in 2012:
And no mention of the “savaged, stripped and blasted land” as portrayed in this photograph of Millden Estate in 2014 (by Chris Townsend):
Interestingly, a Parliamentary Motion has now been lodged (Jamie McGrigor, Tory) congratulating the Angus Glens gamekeepers on their video and welcoming the Gift of Grouse initiative. The motion hasn’t attracted a lot of support although some of the signatories are surprising, to say the least (see here).
Criminal proceedings have continued against Scottish gamekeeper William Curr.
Curr, 22, is accused of several wildlife crimes alleged to have taken place on the Glenogil Estate in August and September 2014. His case was adjourned at Forfar Sheriff Court on 10th September 2015 and will continue on 8th October.
Previous blog about this case here.
On 11th December 2014, Scottish gamekeeper (and SGA member) George Mutch was convicted of four wildlife crime offences that he’d committed on the Kildrummy Estate, Aberdeenshire in 2012 (see here).
On 12th January 2015, Mutch was given a four month custodial sentence for his crimes; the first gamekeeper to be jailed in the UK for killing raptors (see here).
Both his conviction and sentence were widely welcomed across the conservation community, not least because video evidence had been deemed admissible in this case and because the agencies involved in the investigation and prosecution had worked exceptionally hard to achieve these results.
Hopes were high that a subsequent vicarious liability prosecution would follow, especially when a journalist friend told us that Fiscal Tom Dysart had made a point of asking Mutch in court whether he’d received any training for the use of his traps, to which Mutch had replied, “No”. That response would indicate that a defence of ‘due diligence‘ wouldn’t stand up to scrutiny for anyone charged with being vicariously liable for Mutch’s crimes. All good so far, although Andy Wightman cast doubt over the feasibility of charging someone from Kildrummy Estate given the difficulty of establishing ownership there (read his blog here).
So seven months on, what’s happening now?
Well, it all gets a bit interesting around about now. As we understand it, for offences committed under the Wildlife & Countryside Act, criminal proceedings MUST begin within three years from the date of the commission of the offence (two years in England & Wales). After three years, the case becomes ‘time-barred’ and it is no longer possible to prosecute.
Mutch was convicted of four offences, and the dates those offences were commissioned are as follows (info from COPFS press release, January 2015) –
Pay close attention to those dates. The first three offences are now time-barred (unless someone has already been charged) because it is over three years since they took place. The final offence is not quite time-barred, but will be by this Sunday (13 Sept 2015).
So, two big questions:
This case is of huge public interest and we don’t think it unreasonable to be asking questions, especially when successive Environment Ministers keep telling us that the effectiveness of Government policy against the raptor killers will be measured by the success of approaches such as vicarious liability.
If, like us, you’re curious about what’s happening with this case, you can email the Crown Office and ask them. The usual response when we ask about criminal cases is ‘As this case is on-going it would be inappropriate to comment’. It’s a handy ‘get out’ option when the authorities want to keep the public in the dark. The Crown Office could legitimately respond like this in this case, if they’ve already charged somebody. However, if they haven’t charged anybody, then the case is now time-barred and therefore cannot be said to be ‘on-going’.
Let’s see how transparent and accountable they wish to be. Emails to Helen Nisbet, Head of Wildlife & Environmental Crime Unit, Crown Office & Procurators Fiscal Office: Helen.Nisbet@copfs.gsi.gov.uk
Well, well, well.
Following the sentencing today of Newlands Estate gamekeeper William (Billy) Dick for bludgeoning a buzzard with rocks and then repeatedly stamping on it (see here), we wondered whether the Newlands Estate was a member of Scottish Land & Estates (SLE).
Actually, we wondered this back in early August when Dick was convicted (see here), but SLE refused to answer at that time. It’s now clear why.
It turns out that the Newlands Estate is indeed a member of SLE. And not only that, it’s also an accredited member of SLE’s ‘Wildlife Estates Scotland’ (WES) initiative. You know the one, the much-lauded (by the game-shooting lobby) initiative ‘that aims to promote the best game and wildlife management practices, build recognition and raise standards through the introduction of an objective accreditation system’ (see here).
Oops.
SLE has issued a short statement this evening, as follows:
A spokesman for Scottish Land and Estates said: “Scottish Land & Estates has a clear and long -established policy of condemning all forms of wildlife crime. Those who engage in such activity should feel the full force of the law. Newlands Estate is a member of Scottish Land & Estates but that membership has been suspended voluntarily pending further inquiries and ongoing legal proceedings“.
It’s interesting that the estate’s membership has been suspended ‘voluntarily’ and only after the Estate’s gamekeeper had been sentenced. Why was the suspension ‘voluntary’? And why wasn’t suspension invoked in June 2014 when gamekeeper Dick made his first court appearance to answer the charges? And if not then, why wasn’t it invoked last month when Dick was convicted? Why wait until now? Nothing to do with pressure from blogs like this, surely?
It’s also interesting that SLE don’t mention the Newlands Estate’s membership of the Wildlife Estates Scotland initiative in their press statement. Not a word. That news has been gleaned from ITV (see here) and reads as follows:
“Conditions of membership of Wildlife Estates Scotland include the requirements to maintain best practice standards of animal welfare and comply with all legal requirements and relevant Scottish codes of practice.
Wildlife Estates Scotland’s position is that it will suspend membership if it is notified of a prosecution or of a breach of relevant legislation.
The case of William Dick has been discussed with Newlands Estate, whose membership and accreditation under WES has been voluntarily suspended and will remain so until after further enquiries and any other legal proceedings have concluded.”
– WILDLIFE ESTATES SCOTLAND SPOKESPERSON
A prosecution is underway against Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the criminal actions of gamekeeper William (Billy) Dick, who was recently convicted of killing a buzzard in April 2014 (see here).
Duncan, 71, of Kirkton, Dumfriesshire, is understood to manage the pheasant shoot on the Newlands Estate where Dick committed his crimes. Dick is due to be sentenced in September.
At a hearing in Dumfries Sheriff Court on Tuesday 18th August 2015, a trial date was set for Duncan (23rd November 2015) with an intermediate diet due to be heard on 20th October 2015.
Great to see the Crown Office pursuing this prosecution. We’ll follow proceedings with interest.
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) came in to force on 1st January 2012. To date there has only been one conviction – landowner Ninian Robert Hathorn Johnston Stewart was convicted in December 2014 of being vicariously liable for the criminal actions of Glasserton & Physgill Estates gamekeeper Peter Bell (see here).
There was an article in the Daily Record on Saturday about the forthcoming grouse shooting season (the Inglorious 12th) which outlined many of the reasons that have triggered a call to ban the ‘sport’. The piece included extensive quotes from Mark Avery (see here).
SGA Committee Member Bert Burnett has obviously thought long and hard about the arguments against driven grouse shooting and he presented them on his Facebook page on Saturday night. Watch out for a new SGA fund-raising drive to purchase some new crayons for Bert.
On a related issue, he also shared his considered views on the Hen Harrier Day protesters who were due to gather in Perthshire the following day:
On a more serious and sinister note, when one of his Facebook acquaintances suggests that Bert should attend the protest demo, he said this:
It’s a perfectly illustrated example of why so-called ‘partnership working’ is nothing but a sham. It would also be interesting to know how Police Scotland view his comments when they assess his suitability to hold firearms and shotgun certificates. Threat to public safety springs to mind.
Gamekeeper Ralph Sturgess is on trial for allegedly making death threats to his girlfriend after putting her in a headlock and pressing a loaded pistol to her forehead.
Hull Crown Court heard yesterday that after an evening at the pub, Sturgess, a former gamekeeper on Lord Hotham’s Dalton Estate in East Yorkshire, took pot shots at a noisy owl before attacking his girlfriend.
He has denied the charges. The trial continues.
Further details here
The long-running case against Scottish gamekeeper William (Billy) Dick concluded today with a conviction for illegally killing a buzzard.
Dick, 25, of Whitehill Cottages, Kirkmahoe, Dumfries, had been observed by two witnesses on the Newlands Estate striking a buzzard with rocks and then repeatedly stamping on it, in April last year. The observers were alerted to the scene by the sound of a gun shot. Dick had denied the charges (in addition to two alleged firearms offences, which were subsequently dropped) but was convicted today at Dumfries Sheriff Court.
He will be sentenced in early September.
Well done to the SSPCA and Police Scotland for their investigation and to the Crown Office for a successful prosecution.
We understand that a vicarious liability prosecution will get underway at Dumfries Sheriff Court later this month.
The Newlands Estate offers driven partridge and driven pheasant shooting. This estate has previously donated to the GWCT’s Scottish Auction (see here – page 23).
While we wait for the sentencing hearing, here are some questions you might like to ask:
1. Is/was Dick a member of the Scottish Gamekeepers’ Association? Emails to: info@scottishgamekeepers.co.uk
2. Is Dick still employed on the Newlands Estate? Emails to: awbd@newlandsestate.co.uk
3. Is the Newlands Estate a member of Scottish Land & Estates? They get a mention in the SLE’s 2013 newsletter (here – page 10). Emails to: info@scottishlandandestates.co.uk
The photograph of Billy Dick was sourced from his Facebook page.
Previous blogs on this case here, here, here, here, here, here, here, here, here
A Scottish gamekeeper is facing charges of wildlife crimes alleged to have taken place in the Angus Glens last year.
William Curr faces charges that he set or failed to check the snare that trapped a deer for more than 24 hours on the Glenogil Estate last year, and that he failed to remove it. It is understood the animal died.
The 22 year old, of Game Keeper’s House, Glen Trusta, will appear at Forfar Sheriff Court on 20th August where he will also face charges that he failed to keep a record of finding a deer in the snare at Glen Trusta between 26th – 29th August 2014.
It is also alleged that Curr failed to check another snare for more than 24 hours, during which time a fox became trapped and died of dehydration between September 24th-26th 2014.
Curr did not appear or make a plea to the charges when the case called at the court on Thursday.
Depute fiscal Jim Eodonable intimated the matter would continue without plea for three weeks, after a letter from solicitors Levy & McRae asked for more time to take instruction.
We’ll be following this one with interest.
Photograph by Raptor Persecution Scotland.
Raptor Persecution UK 