Tag: gamekeeper

Lochindorb hare snare trial: charges dropped against one of the accused gamekeepers

The trial against two gamekeepers from the Lochindorb Estate, accused of setting snares to trap mountain hares (see here and here for background) has had a dramatic turn today, according to the Forres Gazette.

It is reported that one of the accused gamekeepers, Kevin Begg, had the charge against him dropped. The reason for this has not yet been reported. The Gazette claims that the fiscal, Ian Smith (more about Mr Smith after the trial) says he now intends to call Begg as a witness against Lochindorb head gamekeeper David Taylor. Both Taylor and Begg had denied the charges.

A report on today’s events in court can be read in the Forres Gazette here.

The trial continues tomorrow.

Glen Orchy farce continues

The Glen Orchy case against Tom McKellar continued at Oban Sheriff Court last Friday (27 July) with yet more legal argument.

You won’t be surprised to learn that sentencing has once again been deferred. Next court date is in early September.

Court case updates

Two court case updates for you:

David Campbell, head gamekeeper at Edradynate Estate, Perthshire: an intermediate diet took place yesterday at Perth Sheriff Court at which the trial date was set for 31 August. See here and here for previous posts on this case.

David Taylor and Kevin Begg, gamekeepers at Lochindorb Estate, Morayshire: their trial, which began in March, continues at Inverness Sheriff Court next Tuesday (31 July). See here and here for previous posts on this case. This is one to watch for several reasons, which will become apparent in due course.

Glen Orchy gamekeeper tries to change his plea

Here’s some insight into what is causing the delay in the sentencing of Tom McKellar in the Glen Orchy poison case. From yesterday’s Press & Journal:

An Argyll farmer is attempting to take back his plea of guilty to having a deadly poison which has been banned after being linked to the killing of birds of prey.

Tom McKellar, 50, of Fir Park Cottage, Auch Estate, Bridge of Orchy, originally pleaded guilty at Oban Sheriff Court to possessing the pesticide Carbofuran, a pesticide outlawed for more than 10 years, at his home in June 2009.

At a hearing in May his defence solicitor David McKie, in his plea in mitigation, said that his client did not realise the poison was Carbofuran.

Sheriff Douglas Small then queried if McKellar should be pleading guilty, and he continued the case for legal debate until yesterday [Wednesday 25 July 2012].

But when the case called yesterday McKellar had new legal representation in the form of solicitor Cameron Tait who sought permission from Sheriff Small to withdraw the guilty plea and replace it with a not guilty one.

This motion was “strenuously opposed” by fiscal Kate Fleming and a day-long legal debate took place.

Mr Tait said: “He advised police that he thought the poison was Wetex. He said he didn’t know what Carbofuran was. He had been supplied with it by the estate”.

Miss Fleming argued that this was not a defence. She said there was an absence of language such as “knowingly” possessing Carbofuran in the charge.

Sheriff Small adjourned the case until tomorrow [today, Friday 27 July 2012] to hear more legal arguments from the Crown and the defence.

It emerged at previous court hearings that police were investigating the death of a golden eagle in Glen Orchy in June 2009 when they obtained a search warrant for McKellar’s house. They found granules of Carbofuran in a game bag in his porch. Police also found the carcases of a sheep and a fox laced with Carbofuran.

Miss Fleming previously told the court that since 1988, there have been 240 fatal poisonings of wildlife by Carbofuran, mostly birds of prey.

The case resumes today. If the Sheriff accepts McKellar’s not guilty plea then presumably this case could go to trial at a later date.

For background information on this case, click on the ‘Glen Orchy’ tag at the top of this post.

Thank you to the contributor who sent us the Press & Journal clipping.

Gamekeeper’s wildlife crime conviction(s) overturned

Shooting Times has an interesting article out today (see here), claiming that Leicestershire gamekeeper Ivan Crane has had three wildlife crime convictions overturned after the appeal judge claimed the behaviour of the investigating police officer was “very underhand“.

Shooting Times reports that His Honour Judge Tony Mitchell went further with his scathing attack, saying: “I can’t think of a case which more fairly fits an abuse of power, an abuse of position, and therefore an abuse of process“.

It seems the police officer’s [supposed] mistake was not to inform Crane that he could no longer use the General Licence for trapping birds due to his two recent wildlife crime convictions. Instead, the officer took the initiative and covertly filmed a Larsen trap on Crane’s farm.

Crane’s previous wildlife crime convictions were for using an illegal pole trap and unsafe storage of pesticides (see here). He was then later convicted for unlawfully using a Larsen trap (see here), which seems to have been the catalyst to launch his appeal.

Local newspapers (eg. Lutterworth Mail) also seem to be running the story but the actual article appears to be currently unavailable on the web (google it and see if you can find it). One of the headlines (that is accessible) suggests that the Judge has ordered the Crown Prosecution Service to pay Crane’s legal bill of £35,000.

It’s not clear to us whether all three of Crane’s wildlife crime convictions have been overturned (as suggested by Shooting Times) or just the conviction for unlawfully using a Larsen trap.

It’s all a bit odd really. Isn’t it the General Licence user’s responsibility to understand the terms and conditions of General Licence use? It’s a specified requirement on the Scottish General Licences; perhaps not on the English ones? Since when has ignorance of the law been an acceptable defence? To put the situation in context….if someone had a driving conviction and was a disqualified driver, and then they drove their car whilst disqualified and received a second conviction, could they get that conviction overturned and their legal costs paid if they argued that the police officer hadn’t advised them that it was illegal for them to drive and the police had used ‘covert’ surveillance to catch them?

Another fine example of the difficulties faced by those trying to investigate and prosecute alleged wildlife crime offences in the UK. Their chances of success get slimmer by the day.

Glen Orchy sentencing update #2

Another delay….adjourned, again. Next hearing will be Friday (27 July).

Tick tock.

Glen Orchy poison case: sentence due today

It’s been a long time coming. A very long time. Over three years. But today is the day Tom McKellar is sentenced for possession of Carbofuran, found at his house in June 2009 during a police investigation into the poisoning of a golden eagle (see here, here, here and here).

McKellar wasn’t charged in relation to the dead eagle, just for possession of a banned pesticide, to which he pleaded guilty. There’s a lot more to this case than has previously been reported, and once sentencing has finished we’ll have a few things to say.

So what do you think his punishment will be? Six hours on the naughty step?

Wriggling out of vicarious liability?

Regular blog readers will be well aware that the concept of vicarious liability in relation to raptor persecution became enacted in Scotland on January 1st 2012 as part of the WANE Act. For new readers, some background can be found here. Vicarious liability has had its critics but until the first test case in court, nobody really knows just how strong, or weak, the new legislation will prove to be.

An interesting comment about vicarious liability was received on the blog at the end of last week; it suggests legal loopholes may be being exploited to avoid possible conviction. Given the interest in VL, we’ve decided to re-post the comment here. Thanks to Steve from OneKind for submitting it:

“Information gathered by Onekind suggests how some estate owners may try to avoid vicarious liability in the future by sending their game keepers on all the trapping and best practice courses there are going. According to our intelligence, top lawyers are being hired to travel around the country lecturing to gamekeepers on the law related to wildlife crime. Our information suggests that the idea behind this action, being taken by landowners and worked on by these top Lawyers, is that if a wildlife crime were to occur on their land by one of their keepers then the landowner can say that he put his keeper through the relevant courses and that he doesn’t know why the keeper did what he did. They hope that this will be enough to persuade the court that they were not complicit with the crime carried out on their land. Further information we have acquired tells us that a well-known land owner has been urging other landowners to take this idea on and which will probably be up and running properly within the next few months“.

I guess we’ll wait and see whether this defence is used if/when charges of vicarious liability are ever brought against anyone. It’s an interesting one because what they are allegedly proposing to do is not illegal, but its hardly in the spirit of moving towards the elimination of raptor persecution from the game-shooting industry, is it? In its defence, some will probably argue that we should all be thankful that gamekeepers are receiving such excellent training, but some may argue that some of the training is far from excellent. For example, OneKind has concerns about the adequacy of the snare training courses and suggests there may be an ulterior motive for running them (see here).

The use of legal loopholes to avoid possible conviction is a well-known tactic in many areas of crime, not just wildlife crime, although wildlife crime does have its fair share of examples. A recent one was reported in a newspaper at the beginning of July (sorry, no URL available) concerning the case of a gamekeeper on the Airlie Estate at Kirriemuir, Angus. He was accused of alleged criminal activity after the discovery of three buzzards inside a crow cage trap. However, he was acquitted after Sheriff Kevin Veal decided that the keeper was not given proper information about why he was being interviewed by an SSPCA inspector and a Tayside Police wildlife crime officer. Some lawyers are very good at their jobs.

It certainly pays to employ a professional lawyer rather than a pretend one. An employee from a very well-known organisation recently sent an email to a group (no, not us!) who publish the names of convicted gamekeepers and other wildlife criminals on their website. The email suggested that certain names should be removed from the website because the convictions were considered spent. The email explained the relevant law under which the names should be removed and went into some detail about how the law applied. The employee signed off with an impressive number of letters after their name, including LLB (a law degree). Uncannily, the information that the impressively-qualified employee wrote about this particular law bore an incredibly close resemblance to a Wikipedia entry on the same subject. Hmm, not quite so impressive now!

Gamekeeper convicted after trapped buzzard starved to death

Following the post we wrote on 31 May 2012 (see here), another Scottish gamekeeper has been convicted of a wildlife crime offence, this time for allowing a buzzard to starve to death inside a crow cage trap.

Jonathan Smith Graham (30), a gamekeeper on Glen Lyon Estate in Perthshire (see here), pleaded guilty to using a crow cage trap in which a buzzard was trapped and then starved to death. He has been fined £450 which is pretty pathetic when you consider the scope of available penalties (up to £5,000 &/or 6 months in prison), but perhaps more importantly he has now been banned from operating a crow cage trap for five years. Sheriff McCreadie’s comments about Graham’s actions (and in-actions) were also greatly encouraging and are welcomed. Credit to Tayside Police for undertaking the investigation on their own initiative and to wildlife fiscal Shona McJannett for a successful prosecution.

For the details of this case see here, here and here.

Some questions:

1. Will Jonathan Smith Graham be sacked from his gamekeeper job at Glen Lyon Estate now he has a wildlife crime conviction? Ask them directly: sally@glenlyonestate.co.uk

2. Was he/is he a member of the Scottish Gamekeepers’ Association? (His defence lawyer was David McKie – the SGA’s solicitor – just coincidence?). If he is a member, will he be expelled now he has a wildlife crime conviction? Ask them directly: info@scottishgamekeepers.co.uk and while you’re there, ask them if they’re ready to say yet whether convicted gamekeeper Robert Christie (Lindertis Estate) is/was a member (see here).

3. Why hasn’t the SGA issued a public statement condemning the actions of this gamekeeper? Ask them directly: info@scottishgamekeepers.co.uk

4. Is Glen Lyon Estate a member of Scottish Land and Estates? Ask them directly: info@scottishlandandestates@co.uk

Would jubilee’ve it: hen harriers finished in England?

We’ve been hearing rumours that the last remaining pair of hen harriers attempting to breed in England have now failed. We don’t yet have confirmation but several (usually reliable) sources are telling us the same thing.

In a recent BBC news article (here), a spokesman from the National Gamekeepers’ Organisation said:

“We are unaware of any instance of human interference with hen harriers in England in recent years“.

Yeah, of course you are. Just like Bashar al-Assad is unaware of any instance of government troops massacring the Syrian people?

So, while the country celebrates ’60 glorious years’, take a moment to reflect on the effects of 60 years of raptor persecution.