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

Some comments on that Channel 4 News report

Channel-FourFor those who missed it, the Channel 4 News report on the illegal persecution of raptors on Scottish grouse moors can be watched here for a few days.

First of all, we need to be celebrating that raptor persecution has been featured on a national mainstream TV news channel. What a long way this subject has come. The awareness-raising power of a news report like this should not be underestimated. Since the programme aired four hours ago, we’ve already been contacted by three journalists whose interest has been piqued. Well done Channel 4 News.

There were excellent interviews with Ian Thomson, Head of Investigations at RSPB Scotland, who referred to “an absolute catalogue of illegal killing” over the last few years in the Angus Glens (e.g. see here), and Logan Steele of the Scottish Raptor Study Group, someone who has decades of first-hand experience recording the deaths of illegally-killed raptors in this area and beyond.

But perhaps the best interview was that with Scottish Gamekeepers’ Association Chairman, Alex Hogg. We couldn’t have wished for a better performance. Telling lies on national telly is never a good strategy. Especially when you deny that gamekeepers are involved with the poisoning, shooting and trapping of raptors, knowing full well that there is a public record of gamekeepers who have been convicted for doing just that, as well as committing other wildlife crimes. Here is a quick list of 14 convicted gamekeepers just covering the last two years (full details of each case can be found elsewhere on this blog) –

Jan 2012: Gamekeeper David Whitefield convicted of poisoning 4 buzzards.

Jan 2012: Gamekeeper Cyril McLachlan convicted of possessing a banned poison.

April 2012: Gamekeeper Robert Christie convicted of illegal use of a trap.

June 2012: Gamekeeper Jonathan Smith Graham convicted of illegal use of a trap.

Sept 2012: Gamekeeper Tom McKellar convicted of possessing a banned poison.

Nov 2012: Gamekeeper Bill Scobie convicted of possessing and using a banned poison.

Jan 2013: Gamekeeper Robert Hebblewhite convicted of poisoning buzzards.

Feb 2013: Gamekeeper Shaun Allanson convicted of illegal use of a trap.

Feb 2013: Gamekeeper (un-named) cautioned for illegal use of a trap.

May 2013: Gamekeeper Brian Petrie convicted for trapping offences.

June 2013: Gamekeeper Peter Bell convicted for poisoning a buzzard.

July 2013: Gamekeeper Colin Burne convicted for trapping then battering to death 2 buzzards.

Sept 2013: Gamekeeper Andrew Knights convicted for storing banned poisons.

Dec 2013: Gamekeeper Wayne Priday convicted for setting an illegal trap.

There are a further six cases either currently under way or due to start, all involving gamekeepers and all accused of alleged persecution including the poisoning, shooting, trapping and battering to death of birds of prey.

After lying about the involvement of gamekeepers in raptor persecution crimes, Hogg then went on to say that gamekeepers want a system in place whereby “if the populations [of raptors] are too high all over the United Kingdom” then a decision needs to be taken as to whether the species needs to be culled on grouse moors. But, “We don’t want to cull them; we’d rather the government done it”.

If anyone can explain to us (a) what is a “too high” population? and (b) why a species’ national population size should have any bearing on a proposed cull of that species on a particular grouse moor, please do enlighten us.

The final interview was a very short one with the Environment Minister, who was asked why he won’t “just fully regulate the [game-shooting] industry like other countries”?

His answer: “We want to avoid putting in place something that might be seen as a draconian response, or too restrictive a response. We’re not saying we wouldn’t do this, eventually…”

In other words, giving current measures ‘time’ to take effect (without actually defining the time scale) is just an excuse to do nothing and appease the mighty landowners.

Gamekeepers aren’t persecuting raptors, says SGA’s Chairman

Channel-FourHere’s a preview to tonight’s story on Channel 4 News….watch the video of SGA Chairman Alex Hogg responding to the reporter’s question about whether gamekeepers are poisoning, shooting and trapping birds of prey:

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

He can dispute it all he likes – the growing list of convicted gamekeepers tells a different story, and there are currently six on-going court cases to boot, including allegations of illegal trapping, poisoning, shooting and battering.

C4 News article and accompanying 3 video clips available here, including a preview of an interview with RSPB Scotland’s Head of Investigations, Ian Thomson.

Watch Channel 4 News this evening at 7pm for full story.

UPDATE 23.55hrs: Read our comments on the full report here

‘Are buzzards now vermin?’ asks Country Life magazine

The campaign against raptors is relentless. It seems barely a week goes by without someone having a go, whether it be a high profile politician, a high profile journalist, or a high profile [and self-appointed ‘countryman’, whatever that is] – see here for a few examples.

This week, following the astonishing claims of an MSP that the golden eagle reminds people of Nazis and is therefore an unsuitable choice for a national bird (see here), we come back to the more typical claim that buzzards are vermin and need to be ‘controlled’; a view (mantra?) repeated with tedious frequency by those with a vested interest in game-shooting and always, always based on prejudice rather than scientific evidence.

If you can be arsed to read it, it’s here. The first half of the debate is by a gamekeeper in southern England and the second half is by the RSPB’s Conservation Director.

See if you can spot the unintentional irony in the gamekeeper’s article – you’ll find it nestled in between all the inaccuracies.