Verdict against Scottish gamekeeper James Marsh: ‘not proven’

The eight-day trial of Scottish gamekeeper James Marsh ended at Stirling Sheriff Court last week with a verdict of ‘not proven’.

The case centred on the discovery of a Larsen trap on the Duntreath Estate on 1st April 2012. The trap, found by a walker, was situated underneath a crag and contained a Jay (in the trap’s decoy compartment) and a Tawny Owl (within the catching compartment). The Tawny Owl was reportedly close to death. The trap had an identification tag which was registered to Duntreath Estate and the walker alerted the SSPCA to the trap. It was suspected that gamekeeper Marsh was using the Jay as a lure to trap birds of prey. It is not permitted under general licence to use a Jay as a decoy within a Larsen trap. [As a point of interest, since January 1st 2014 it is now no longer permitted in Scotland to use a Jay as a decoy inside a crow cage trap either, so if you see one, you should report it immediately].

Marsh, 49, of Middle Ballewan near Blanefield, Stirling, was reported to the Procurator Fiscal by the SSPCA for a number of alleged offences including:

1. Section 5(1)(b) of The Wildlife and Countryside Act 1981 (Use of an unlawful trap);

2. Section 19 2(a)(b) Animal Health and Welfare (Scotland) Act 2006 (Causing suffering to a Tawny Owl and a Jay);

3. Section 24 3(a)(b)(c)(e) Animal Health and Welfare (Scotland) Act 2006 (Failure to ensure the welfare of a Tawny Owl and Jay);

4. Section 1(1)(a) of The Wildlife and Countryside Act 1981 (Unlawfully taking a Tawny Owl);

5. Section 1(1)(a) of The Wildlife and Countryside Act 1981 (Unlawfully taking a Jay);

6. Section 1(2)(a) of The Wildlife and Countryside Act 1981 (Unlawfully possessing a Tawny Owl);

7. Section 1(2)(a) of The Wildlife and Countryside Act 1981 (Unlawfully possessing a Jay).

In defence, Marsh admitted to having set the trap [lawfully] some weeks prior to its discovery in order to catch a Carrion Crow which he intended to use as a decoy. He argued that the trap had been moved up hill and reset in the location where it was found and despite searching he had been unable to find it. He claimed the Jay may have squeezed into the trap decoy compartment by itself and attracted the Tawny Owl which had become trapped. He was unable to explain why the Jay, having squeezed into the trap, would not have been able to get back out.

The verdict of ‘not proven’ is an interesting one. In Scottish law, there are three possible outcomes to a criminal trial. These are ‘Guilty’ [a conviction], ‘Not Guilty’ [an acquittal] and ‘Not Proven’ [an aquittal]. Wikipedia offers an explanation for the use of ‘not proven’:

The modern perception of the ‘not proven’ verdict is an acquittal when the judge or jury does not have enough evidence to convict but is not sufficiently convinced of the accused person’s innocence to bring in a ‘not guilty’ verdict. Essentially, the judge or jury is unconvinced that the suspect is innocent, but has insufficient evidence to the contrary. In popular parlance, this verdict is sometimes jokingly referred to as ‘not guilty and don’t do it again’.

Out of the country, the ‘not proven’ verdict may be referred to as the ‘Scottish verdict’, and in Scotland itself it may be referred to colloquially as the ‘bastard verdict’, which was a term coined by Sir Walter Scott, who was sheriff in the court of Selkirk“.

Despite the ‘not proven’ verdict, well done to the SSPCA for taking on the case. It is widely recognised that this type of investigation requires specialist knowledge, especially with the continuing difficulties of proving who has set a trap (or laid out a poisoned bait, chopped down a nest tree, stamped on eggs or young birds, shot a bird etc etc) and the SSPCA and the Fiscal did well to bring this case to court.

The Tawny Owl survived and was eventually released following extensive veterinary care.

For previous blogs on this case see here and here

Shooting Times publishes astonishing denials about eagle persecution on grouse moors

Eagle eyed keepers shooting times March 2014Talking of very, very stupid people….

An article has appeared in the latest edition of the Shooting Times & Countryside Magazine that once again repeats the ludicrous notion that gamekeepers on Scottish grouse moors are a force for good as far as eagle conservation goes, and suggests that accusations to the contrary are ‘unfair’.

We’ve provided a PDF of the article here: Eagle-eyed keepers Shooting Times March 2014

Really? How many times do we have to go over this? The evidence is there for all to see. These continuous denials just serve to further entrench positions and frankly make a laughing stock of those pumping out this clearly inaccurate guff.

So, let’s lay out the facts once again for the benefit of those new to the issue.

Scotland’s golden eagle population is not ‘stable’. On a superficial level it appears to be stable, but the overall population figure (estimated at ~430 pairs, give or take a few) masks some very big differences in regional abundance. For example, there has been a substantial increase of golden eagles in the Western Isles over the last ~20 years, largely thanks to a reduction in illegal persecution in that region. In contrast, there has been a significant decrease in the number of golden eagles in the central, eastern and southern uplands (hence all those vacant territories), thanks largely to illegal persecution on driven grouse moors. That is a fact, backed up by a suite of scientific peer-reviewed studies. That’s why the population appears to be ‘stable’ – because all the losses in the east are being counterbalanced by the gains in the west. We’ve blogged about this in greater detail here.

posioned GE Lethnot 2013The golden eagle in Scotland does face a variety of threats or potential threats, including afforestation and the construction of wind farms. We don’t dispute that. However, the main scientific report on this issue has shown that the single biggest threat to golden eagles in Scotland is illegal persecution on driven grouse moors. That is a fact, backed up by scientific peer-reviewed evidence (see link above).

The article says: “Unfortunately, even in recent times, a handful of Scottish golden eagles have been found dead as a result of poisoning“. What the article fails to say is that the majority of those poisoned birds have been found on driven grouse moors. And not only poisoned, but shot and trapped as well. In addition, plenty of satellite-tagged golden eagles have ‘disappeared’ – unsurprisingly their last signals emitted from driven grouse moors. Oh, and it’s more than ‘a handful’. Our latest count is 31 eagles in 7 years, either illegally persecuted or mysteriously ‘disappeared’, with the majority of them on driven grouse moors (see here). And those are only the birds we know about because the majority of them were wearing satellite tags. How many more are being killed that we don’t know about? Plenty more if you look at the population figures and the rather telling ‘gaps’ in distribution.

The article says it is “unfortunate and unfair” to blame sporting estates when these illegally-killed eagles are discovered on, er, grouse moors. It is neither unfortunate nor unfair. The blame is fairly and squarely put at the feet of those involved with grouse moor management based on decades of scientific evidence. The link between driven grouse moors and raptor persecution (not just of eagles but of several raptor species) has been clearly established as this suite of scientific papers demonstrates (see here for a recent blog on this).

The article cites the SGA’s recent claims of ’55 active eagle nests on keepered grouse moors in eastern and central Scotland’ as evidence that golden eagles are doing just fine on driven grouse moors. We blogged about that claim here. We also blogged about the Scottish Raptor Study Group’s research into that claim (see here). Here’s part of what we wrote:

According to the SGA, there are ‘at least 55 active golden eagle nests’ in these ‘keepered grouse areas’; the SRSG is saying that there are 52 ‘active nests’ in the area, and of those 52, only 8 are on driven grouse moors. Crucially, the SRSG also includes information about the vacant golden eagle territories in the area – information that the SGA conveniently ‘forgot’ to include. According to the SRSG, there are an additional 57 ‘non-active’ golden eagle nests in this area, and 31 of them (54%) happen to be on driven grouse moors.

Hmm. The picture doesn’t look quite so rosy now, does it?”

GE conservation status 2003The article goes on: “It is interesting to note that eagle numbers are highest in eastern Scotland, where grouse moors are actively managed“. Er, no, they’re not. Try looking at the scientific data (see here especially) and pay particular attention to territory occupancy rates:

Western Isles = 91%

Western Highlands = 89.5%

Argyll West & Islands = 81.5%

Central Highlands = 48%

Cairngorms Massif = 42.4%

North East Glens = 17.6%

Also pay particular attention to the map which shows the species’ conservation status across Scotland. You’ll find that the golden eagle only has favourable conservation status (green colour on the map) in three of sixteen regions, and those three regions are nowhere near the driven grouse moors of the eastern and central uplands.

This incredible article finishes with this: “The fact remains, however, that far from being the purveyor of poison and pole traps – so often portrayed in the popular press – the 21st century moorland keeper is probably the golden eagle’s staunchest ally“. Aye, right.

You carry on chucking out this fantastical image of the raptor-friendly moorland keeper and we’ll keep publishing the facts which show that the majority of them are anything but.

Facebook braggers get caught out

dead sparSome people are just very, very stupid.

A couple of days ago someone called Steve R Godfrey posted a picture of a dead sparrowhawk on a private Facebook forum called Forester’s Hunting Community. This group is for those interested in air rifles and shooting. He included the following statement with his photograph:

This was stalking my friends racing pigeons. He asked for my services“.

In response, many, many group members wrote of their utter disgust and outrage at the inference that Godfrey had killed this bird. The group’s moderators banned Godfrey from the group and reported him to the police.

An update on the group’s Facebook page yesterday stated that Derbyshire police were actively investigating the incident following the high number of complaints that had been received from the shooting community.

Steve R Godfrey’s Facebook account appears to have vanished.

Kudos to the members of the Forester’s Hunting Community for reporting him and to Derbyshire Constabulary for following up.

neknominateAnother investigation has been launched after a video of a man slitting a deer’s throat and drinking its blood was posted on Facebook last month. The ‘stunt’ was allegedly part of the ‘neknominate’ craze where someone drinks alcohol, performs a stunt and then nominates someone else to take part. The video was posted by someone called Shaun Wilson from Newcastle. An article in the Newcastle Chronicle (see here) suggests that the person in the video is a gamekeeper and that he has been suspended from his position on a Northumberland estate.

The National Gamekeepers’ Organisation has confirmed that the gamekeeper is one of their members and they have apparently launched a disciplinary investigation. A committee hearing next month will decide whether the man’s actions are ‘relevant to gamekeeping and whether he has damaged the reputation or profession of gamekeeping’. Don’t hold your breath – this is the same organisation that thinks a conviction for possession of a banned poison is not enough to warrant expulsion from the organisation because ‘it’s not a wildlife crime’ (see here).

Case against gamekeeper George Mutch: part 6

Criminal proceedings continued today with an intermediate diet in the case against gamekeeper George Mutch of Kildrummy Estate, Aberdeenshire.

This was the sixth hearing in this case.

Mutch is pleading not guilty to a suite of charges for offences alleged to have taken place in August 2012. The charges come under Section 5 subsection 1B of the Wildlife & Countryside Act (relating to the use of a trap for the purpose of taking or killing wild birds) and Section 1 subsection 1A of the WCA (relating to the killing, injuring or taking of wild birds).

The case is expected to go to trial in late May, although another intermediate diet is scheduled for 2nd April.

We’re particularly interested in this case and we’ll be closely following the proceedings.

Previous blogs here, here, here, here and here.

SGA donor owns estate ‘among the worst in Scotland for wildlife crime’

SGA donors 2014 EdradynateThe Scottish Gamekeepers’ Association publishes a quarterly magazine for its members. The latest edition (winter/spring 2014) includes a list of recent donors. We were intrigued to see the following entry:

MDCC Campbell Edradynate Estate (Donation: £1720)

Could this be Michael David Colin Craven Campbell, who resides in Hampshire but owns Edradynate Estate? So why would this entry be intriguing? Why wouldn’t they accept funding from Mr Campbell, who was awarded an MBE in 2008 for services to charity, was appointed by the Queen to become High Sheriff of Hampshire 2008-2009 and has an entry in Debretts? No reason whatsoever to reject a generous donation from such an upstanding and distinguished gentleman whose Debrett’s entry lists ‘shooting’ and ‘escaping to Scotland’ amongst his recreational activities. Right?

Edradynate Estate near Aberfeldy in Perthshire was described in 2004 by the then RSPB Investigations Officer Dave Dick as being “among the worst in Scotland for wildlife crime” (see here).

In January 2005, the then Police Wildlife Crime officer for Tayside Police, Alan Stewart, described Edradynate Estate as follows:

Edradynate Estate, which is owned by an absentee landlord from Hampshire, has probably the worst record in Scotland for poisoning incidents, going back more than a decade. In 14 separate incidents since 1998, 16 poisoned victims (9 buzzards, 1 cat, 1 tawny owl, 2 sparrowhawks, 1 common gull, 1 polecat and 1 carrion crow) and 12 poisoned baits (rabbits, wood pigeons and a pheasant) have been found, with traces of the pesticides Mevinphos, Carbofuran and Alphachloralose” (see here, page 3).

These two prominent wildlife crime investigators were commenting following the collapse of a case against two gamekeepers from Edradynate Estate. In 2002, the Head gamekeeper and an under keeper had been charged with nine offences relating to the alleged use of poisoned baits and bird cruelty, including the use of spring traps. These charges followed a police raid on Edradynate Estate where three rabbit baits, a dead buzzard and a dead crow had been found. Lab tests detected Carbofuran and Alphachloralose. A game bag and a knife seized during the search showed traces of these poisons when swabbed.

On 22 July 2004, two years after the original arrests and 13 court hearings later, the Fiscal dropped the case following a series of adjournments called by both the defence and the prosecution. A Crown Office spokeswoman admitted that the time taken to prepare the case for trial had been a major factor in the decision to drop the case.

The 2002 raid was the second police search on Edradynate Estate. In Alan Stewart’s book, Wildlife Detective, he writes the following:

This would be our second major search of the estate under warrant and we hoped this time to find sufficient evidence to bring to an end the catalogue of poisoned baits and victims that had turned up on the estate with the worst record by far not just in Tayside but in Scotland”.

The crimes didn’t end there.

a dead red kiteIn July 2010 a poisoned red kite was discovered in the area (see here). According to Tayside Police, ‘five buzzards and a tawny owl met with the same fate in the same area in the last year’.

In September 2010, an un-named gamekeeper from Edradynate Estate, a self-proclaimed member of the SGA, talked to the Courier about the discovery of the poisoned red kite:

As a member of the Scottish Gamekeepers’ Association, I am against anything illegal. Anybody who does this should be jailed because it’s not on and I have never done anything like this in my life. To find a poisoned bird on my ground is just wrong because I don’t use poison and wouldn’t know how to.

There is something funny about this and I think someone else has killed this bird and planted it on my estate. Why they have done that, I don’t know. We have never seen a red kite, living or dead, in the Strathtay valley so I don’t know where this has come from. The laird is so upset about it, as am I, because it besmirches our reputation and it’s reflecting badly on me.

I am a professional person and I have worked hard for all these years on the estate and never had anything against my name. This is causing me a lot of stress and strain because I don’t know what is going to happen next. I’ve never been involved in anything like this before.

It’s very reassuring to know that I have the full support of the laird because this job is something I love doing.” (see here).

In March 2011 two poisoned buzzards and two poisoned crows were discovered, along with two poisoned pheasant baits. Carbofuran was detected this time. Tayside Police conducted another search (their third on this estate?) and it was reported that a 62 year old man was taken in for questioning but was released pending further enquiries (see here). We’re not aware of any other media statements about this incident.

In September 2013, the Crown deserted a case against Edradynate Estate’s Head gamekeeper on alleged firearms and explosives charges. The reason for this desertion was not made public (see here).

Nobody has ever been convicted for any of the alleged offences on Edradynate Estate.

Alan Stewart wrote about a 1995 incident on Edradynate Estate in his Wildlife Detective book, concerning the discovery of a poisoned cat belonging to the occupier of a cottage on Edradynate Estate. A search in a nearby wood had recovered a poisoned pheasant bait and a poisoned tawny owl – later all found to contain traces of Mevinphos. A further search had recovered two wood pigeon baits and a poisoned sparrowhawk, all found inside a pheasant pen. They all contained traces of Mevinphos. Stewart wrote:

I visited a number of residents on the estate and was absolutely shocked at what I learned. According to the interviews I carried out, my suspect had, at various times, set up a gun with a string attached to the trigger to pepper with wheat any intruder who brushed against the string. He had allegedly driven into Perth to the workplace of a person who lived on the estate, to remonstrate with him after a pheasant had been knocked down and killed by the person’s car. He had allegedly poisoned a tenant farmer’s collie, and also shot dead the dog of a visitor to a neighbouring estate after the dog had run off and was being pursued by its owner. I was taken aback by the vitriol these people had for my suspect but their hatred was tempered with fear and all interviews were ‘strictly off the record’. All those I spoke to were in tied houses and none wanted to become involved in a prosecution. News of my investigation had travelled fast and out of the blue I received a telephone call from a former factor for the estate. He had anticipated the reluctance of those who could potentially help, wished me the best of luck, but doubted that my enquiry would ever result in court proceedings”.

A prosecution in this case was attempted but the case was deserted after it became time-barred due to a lack of available evidence to link the individual suspect to the alleged offences.

Alan Stewart wrote:

The following week [just after the case had been deserted] I learned that another employee had borrowed the suspect’s Land Rover but it had broken down. In his search for tools to repair it, he had lifted up the passenger seat to search the compartment underneath as the most likely place for tools to be stored. Instead of tools there were three dead sparrowhawks. I am sure this would have clinched the case but naturally the employee wanted to keep his job and his house and the information came to me via a third party”.

Stewart wrote about another incident in 2001 – the discovery of a poisoned buzzard on the estate that had been killed by Carbofuran:

The usual enquiries were made and the usual suspect interviewed, but his involvement could not be established……..In the investigations on Edradynate Estate, we could prove beyond reasonable doubt that baits and dead birds and animals were being found with monotonous regularity on the estate. We could prove beyond reasonable doubt that the baits were laced with particular pesticides and that the victims had been poisoned after having consumed part of these baits. What we were so far unable to prove was who set the baits”.

Case against Lloyd Webber’s gamekeeper moves to trial

The case against a gamekeeper employed on Andrew Lloyd Webber’s estate in Hampshire has moved to trial.

Mark Stevens, 42, is accused of a series of trapping offences alleged to have taken place on the Sydmonton Court Estate, Hampshire, in August and September last year. He has denied the charges.

His trial will take place in July 2014.

See here for previous blog.

Case against Stody Estate gamekeeper Allen Lambert: part 4

The case against Allen Lambert, a gamekeeper on the award-winning Stody Estate, continued in February and is now set to go to trial.

Lambert, 64, of Old Lodge House, Stody, Melton Constable in Norfolk has already pleaded guilty to storing the pesticides Mevinphos and Aldicarb, but has denied a series of further charges concerning the alleged killing and possession of 14 buzzards, 1 sparrowhawk and 1 tawny owl.

His trial will take place in May.

For previous blogs on this case see here, here and here.

Gamekeeper accused of pole-trapping on Lloyd Webber’s estate

It has been reported that a gamekeeper is appearing in court tomorrow to face various charges of alleged wildlife crime on Andrew Lloyd Webber’s country estate.

There is no suggestion Andrew Lloyd Webber was involved.

Mark Stevens, 42, is accused of five alleged offences. Three relate to allegations that a tawny owl was caught in a spring trap set on a pole on the Sydmonton Court Estate, Hampshire in August 2013. Two relate to allegations that spring traps were not properly set on the Sydmonton Court Estate in September 2013.

Tomorrow’s hearing will be the first in this case.

Further updates later…

SGA Chairman claims he was “stitched up” by Channel 4 News

Mod Game coverbRemember last month when Channel 4 News did a piece on raptor persecution on grouse moors in Scotland? The one where SGA Chairman Alex Hogg was asked whether gamekeepers were poisoning, shooting and trapping birds of prey and he replied:

No they aren’t. We would dispute that“.

Yes, THAT programme (see here and here for previous blogs).

Well according to the monthly game keeping rag Modern Gamekeeping, Hogg reckons Channel 4 News stitched him up.

According to the article, Hogg said that during a one-hour interview he was asked the question of whether gamekeepers were killing raptors at least half a dozen times. “By the time the interviewer asked it the last time, I was so annoyed I just said ‘No’ and didn’t give a reason“.

Sounds like he stitched himself up, telling a blatant lie that he must have known was going to be challenged with irrefutable evidence that gamekeepers have been convicted for illegally killing raptors, including members of his own organisation.

He also complains about being interviewed last (after Ian Thomson of RSPB Scotland, Dominic Dyer of Care for the Wild, and Logan Steele of the Scottish Raptor Study Group), and therefore having to respond to ‘claims’ [aka given facts] made by the other interviewees, and not being allowed to talk about waders [and presumably the unproven, non-evidenced claims that raptors are wiping them out and therefore keepers should be able to cull raptors].

He also says, “There were also a lot of figures used that were not official figures held by the police or the Scottish Government“. Really? The figures used were based on scientific evidence and official court records, accepted by every person and organisation in the country except for those with a vested interest in the grouse-shooting industry.

He goes on to argue that the finished programme was “extreme”, designed to provoke an emotional response from the public, and didn’t fairly represent what he was trying to say. How you can misrepresent, “No they aren’t. We would dispute that” in response to a simple question of whether gamekeepers are persecuting raptors is a mystery. Did he mean to say, ‘Yes, we are illegally killing raptors’?

All the Hogg nonsense aside, there is a particularly interesting paragraph in the article, presumably written by the rag’s editor. It reads:

Presenter Cordelia Lynch then quoted RSPB figures to claim that hen harriers were ‘close to extinction’ on the grounds that none had bred last year in England – ignoring the fact that the bird is categorised as ‘Least Concern’ worldwide with a global population of more than 1,300,000 and its major threat is stated to be ‘habitat loss’. It is also said to be ‘highly vulnerable to the impacts of potential wind energy developments’ (source: BTO)“.

Now, this claim of the species being classified as ‘Least Concern’ is often trotted out by those trying to downplay the seriousness of the species’ conservation status in the UK. It is an accurate statement in as much as this is what is written on the species’ IUCN Red List entry (from where the quote is taken), with the addition of one important statement conveniently left out by the Modern Gamekeeping editor – under the heading ‘Major Threats’:

“Persecution is an important threat locally, notably on game preserves in Scotland (del Hoyo et al. 1994)”.

The species’ IUCN listing is fine to use if you want to stick to a species’ global conservation status and ignore its European and UK conservation status. If you look at the IUCN global status for the three wader species that Hogg and friends are up in arms about, their listings also give little cause for concern:

Lapwing – listed as Least Concern. Estimated population c. 5,200,000-10,000,000 individuals. Major threats include land use intensification, pollution and hunting. [Note, no mention of raptors being a major threat].

Curlew – listed as Near Threatened. Estimated population c. 77,000-1,065,000 individuals. Major threats include afforestation, agricultural intensification and hunting. [Note, no mention of raptors being a major threat].

Golden Plover – listed as Least Concern. No population estimate given. Major threats include cultivation and afforestation, severe weather conditions and hunting. [Note, no mention of raptors being a major threat].

So, on the basis of suggesting that the hen harrier’s conservation status is of ‘least concern’ on a global scale [and therefore why all the fuss of losing an entire breeding population in England?], the statement is equally as applicable to those three wader species, right? We shouldn’t be concerned about any of them because on a global scale they’re all doing just fine, right?

Wrong.

Fortunately, government and non-governmental organisations are a lot more clued in and understand the concept, and importance, of national, regional and local biodiversity. Indeed, the Westminster and Scottish Governments have a statutory responsibility for ensuring that national biodiversity targets are met and maintained (although you wouldn’t know it by their continuing failure to address illegal raptor persecution). Rather than use the broad-based IUCN Red List as guidance, they look to more detailed and relevant assessments such as the UK ‘Birds of Conservation Concern’ scientific review (see here). In this document, the hen harrier and lapwing are red listed, and the golden plover and curlew are amber listed.

It’s quite telling, isn’t it, that those with a vested interest in grouse-shooting should continue to not only deny their involvement in the catastrophic loss of an entire breeding population (hen harriers in England), but also continue to downplay its conservation significance.

Gamekeeper convicted for setting illegal pole trap

Ryan Waite setting the pole trap.JPG-400x0Press release from RSPB:

A gamekeeper has been convicted of using an illegal trap on a shooting estate on two occasions.

At Harrogate Magistrate’s Court today (13 February) Ryan Waite, employed as a gamekeeper on the Swinton Estate in North Yorkshire was sentenced on two charges of illegally setting a spring trap between May and June 2013.

Waite had pleaded guilty to the charges at an earlier hearing on December 10, 2013.

However, he had denied that the trap was intended for birds of prey, as alleged by the prosecution, claiming rather that it was for catching squirrels.

The court today ruled that his conduct had been reckless.

He was fined £250 with an additional £105 costs and victim surcharge. 

Following an initial report from the League Against Cruel Sports, on the 2nd June, RSPB Investigations visited Ox Close plantation on the Swinton Estate, North Yorkshire, and discovered a spring trap that had been placed on top of a two-metre high tree stump. These are commonly known as pole traps and have been banned since 1904.

Birds of prey are usually the target of such devices as they use the elevated position as a vantage point and the traps are strategically placed where they will hunt.

RSPB Investigations disabled the trap and then set up covert surveillance of the site to monitor who was responsible and two days later, on 4th June, Waite was filmed re-setting the trap on top of the stump.

As a result of this footage, North Yorkshire Police executed a search warrant, assisted by the RSPB. Although the spring trap had been removed from the pole trap site, it was later found and seized at Waite’s property.  Waite was also caught on camera removing the trap.

Howard Jones, RSPB Investigations Officer, said: “It is a disappointing reality that the use of pole traps still occurs in 2013 and that some gamekeepers are continuing to adopt these Victorian techniques. The device was deemed outdated and barbaric in 1904, yet a century on we are still finding these illegal traps being set in the countryside.  Sentencing needs to get tougher to ensure people are deterred from operating such devices in the future.

“We welcome today’s result as it shows that such barbaric practices will not be tolerated in today’s society.”   

There’s a good blog about this case written by the RSPB Investigations Team here.

There’s also an opportunity to view the covert footage showing Waite re-setting the pole trap here

Congratulations to the RSPB Investigations team for another job well done, and to the fieldworkers from the League Against Cruel Sports for identifying the illegal trap and alerting the authorities.

Bowland Betty (1)Swinton Estate has been described as “very well known and highly respected” by the author of The World’s Best Shoots (see here).

Swinton Estate is also ‘very well known’ for being the grouse moor location where hen harrier Bowland Betty’s shot corpse was found in 2012 (see here). Purely coincidental, obviously.

What interests us now is whether convicted gamekeeper Ryan Waite will keep his job, and whether he was/is a member of the National Gamekeepers Organisation. Let’s ask the NGO whether this criminal is from their ranks and if he is, whether they will continue to accept his membership. Emails to: info@nationalgamekeepers.org.uk

UPDATE 14/2: The NGO has issued a statement to say convicted gamekeeper Ryan Waite has never been one of their members (see here).

We’re still interested in whether this convicted gamekeeper will keep his job at the “highly respected” Swinton Estate. Emails to: swinton@stantonmortimer.co.uk