Gamekeeper & apprentice avoid jail in cruelty case

Following the blog post on December 9th 2011 (see here), gamekeeper Christopher Carter and his apprentice Luke Byrne have been sentenced for their involvement in an horrendous animal cruelty case on the West Acre Estate in Norfolk.

See here for the sentencing report published in the Daily Mail. Unbelieveable.

The National Gamekeepers’ Organisation has put out a statement to say that neither offender was a member of the NGO. They also say: ‘Independent research has shown that gamekeeping is a force for good in the countryside in terms of conserving wildlife habitat. Moreover, in many remote, rural areas, gamekeepers are in the frontline in the battle against wildlife crime‘. The statement was released by a massive porky pig as it flew over NGO headquarters and can be read here.

Joke sentence for second-time convicted gamekeeper

David Alexander Whitefield, the former gamekeeper at Culter Allers Estate in South Lanarkshire, was today sentenced following his December 2011 conviction for illegally poisoning four buzzards (see here for conviction report).

Before we discuss his latest sentence, let’s remind ourselves of Whitefield’s criminal record: This keeper, who was also a member of the Scottish Gamekeepers’ Association, was convicted in October 2008 for offences relating to the unlawful capture and subsequent welfare of a buzzard. His sentence for that conviction was a £300 fine. He kept his job as the sole gamekeeper and he was not expelled from the SGA. Just six months later, in April 2009, RSPB investigators were alerted to the signs of an illegal poisoning spree on this estate. Obviously, these subsequent poisoning activities, for which Whitefield has now been convicted, demonstrate that the £300 fine had zero effect as a deterrent (no great surprise really).

So then you might expect today’s sentence to reflect not only the seriousness of the crime of poisoning wildlife (and potentially any human and/or domestic animals that happened to wander through the well-used public walking trails on this estate), but also to acknowledge that Whitefield, already previously convicted for wildlife crime there, had shown a complete disregard for wildlife legislation.

You might reasonably expect that the sheriff in this case, Nicola Stewart, might utilise her full sentencing powers and go for the most serious sentence available for this type of crime, which includes a custodial sentence and/or a financial penalty for each poisoned bird. That would see Whitefield put away for a while and would send out a very clear message that this type of crime will no longer be tolerated in this country, just as the Scottish Government has claimed over and over again in recent years.

So why then, was Whitefield handed down a 100 hour community service order as his ‘punishment’?

According to an RSPB press release, Sheriff Stewart is reported to have said the punishment was a direct alternative to a custodial sentence and that poisoning is a serious offence. Why was he given a direct alternative to a custodial sentence and where, in his 100 hour community service order, is there any indication that illegal poisoning is considered a serious offence?

This is a joke sentence, to add to all the other joke sentences that have been handed out to the few criminals that are actually prosecuted for these crimes. As we keep seeing, over and over again, these punishments are not providing the required deterrent so surely it’s now time to introduce mandatory sentences for these offences, and that includes custodial sentences. These are already available to the judiciary – so far, for whatever reason, not one custodial sentence has been given to a convicted raptor poisoner. We need to be asking why that is, and we need to keep asking.

Well done to the SSPCA for some serious doggedness with this case – it’s been a long time in the works and looked at one point to be in danger of failing on a legal technicality. Perseverance paid off, and despite the pathetic sentence, those involved with the groundwork deserve much credit.

BBC news article here

RSPB Scotland press release on Birdguides Blog here

Repeat after me: there are too many raptors

I looked for Kim Jong-il’s name listed on the editorial board of Modern Gamekeeping and was surprised not to find it nestled between the names of Peter Carr and James Marchington. I thought he might have been a guest editor in the final weeks before his death. It seems a reasonable explanation for what looks to be obviously editorial-led comments from their four guest gamekeepers in the January issue.

Each month, Modern Gamekeeping invites guest keepers from across Britain to comment about what has kept them busy during the previous month. In the latest issue, keepers from Northamptonshire, Gloucestershire and North Yorkshire all discuss suspiciously similar topics – Is it a coincidence that three of the four keepers mention ‘fox-dumping’ in their articles (a subject prominently covered on the front page of this month’s Modern Gamekeeping), even though all of them admit it’s not a current problem for them? As it seems to have absolutely nothing to do with what has kept them busy during December, why would three of the four keepers mention it at all, unless they’d been ‘influenced’ by the editorial team?

Predictably, all four of the keepers also write about what they perceive to be ‘the raptor problem’. Is this also a coincidence, or have they taken direction from the editorial staff, given that the magazine’s January editorial is all about how raptors need to be [legally] culled (see here)?

Here’s what the keepers had to say about ‘the raptor problem’:

Keeper on Ashby St Ledgers shoot:The vermin haven’t really been a problem as we stay on top of them, but the buzzards and sparrowhawks are getting out of hand, they’re everywhere, and are a real worry“.

Keeper on Ozleworth Park:We have a lot of buzzards that give us some problems early on in the season when birds go to pen. They are also sometimes a bother when we want to move pheasants across the valley when they show themselves and the birds flush the wrong way. Thankfully we don’t get goshawks very often, and when we do they seem to move on quickly, which is good as they could be a real problem“.

Keeper on Shortwood Estate:Sparrowhawks and buzzards are out of control. Eight years ago you were lucky to see a pair of buzzards round here, now it’s a bad day if you don’t see five circling over your woods. There are far too many, and we also had a pair of goshawks this year that have caused me no end of trouble with the partridges“.

Keeper on Spaunton Moor:The biggest threat to game management has to be increasing numbers of birds of prey. The North York Moors in particular have massive blocks of forestry and unkeepered farmland, and every week we’re seeing more and more of every raptor species. What people forget is that 20 years ago, there wasn’t a buzzard, red kite or goshawk up here. Now there are plenty of all of them, and they’ve got to eat something. So the biggest threat, I think, is the increasing number of birds of prey and not being able to address that increase“.

Perhaps I’m being unfair. Perhaps these keepers have not been indoctrinated at all and they all genuinely believe that raptors in their areas are ‘out of control’. Although if that’s the case, their claims are difficult to understand given that they also all wrote about how well their seasons have gone this year!! So, either keepers have been illegally killing raptors to get the fantastic bags that have been reported this year, or, raptors don’t actually have such a high impact on bags as the shooting industry would have us believe. If we believe certain organisations, it’s ‘only a few rogues’ that illegally kill raptors, so logically then, the latter explanation must be accurate. Therefore, there’s no need for licences to be issued to legally cull raptors. Sorted.

Kim Jong-il is dead but the art of propaganda lives on

North Korean despot Kim Jong-il may be dead but the art of propaganda is alive and kicking here in the UK. A fine example of this is displayed in the latest [January 2012] edition of Modern Gamekeeping, the monthly rag for UK gamekeepers, where there are more calls for the introduction of licences to cull raptors.

It begins in the editorial at the front. Peter Carr dedicates a whole page to the issue of raptor persecution, starting off with condemnation of illegal raptor poisoning [good], but quickly moving on to ‘justify’ the need for legal raptor culling [not so good]. Part of this ‘justification’ includes the following statement:

Buzzards, sparrowhawks, goshawks, hen harriers, and tawny owls are the raptor species that cause us the most problems, though the little owl’s destructive power should not be discounted. All are doing well in most areas of the UK…

Oh dear. But when did facts ever get in the way of 100 year-old anti-raptor propaganda? And here is evidence, should any more be needed, that gamekeepers will not stop at licensed buzzard killing. Sparrowhawks, goshawks, tawny owls and little owls are all apparent targets, and hen harriers too, if they can find any left to kill.

Carr goes on to rally the troops, calling for more strenuous lobbying and “the need for a sensible balance in our countryside“. Presumably that ‘sensible balance’ includes the continued annual release of 40+ million non-native gamebirds into our countryside  and the (mis)management of our uplands to produce artificially-high densities of red grouse, all to the detriment of any native predators that share the habitat?

His editorial ends with this: “Raptor control licences will come, but we must hasten the process with valid argument and an impeccable record of keeping our own house in order“. If these two premises are the ones that will dictate whether raptor culling licences are issued, then conservationists need not fear that they’ll be issued any time soon.

The propaganda continues later in the rag….more on this in the next post…

‘Bumper’ grouse season proves raptors aren’t having a ‘significant impact’

The 2011 grouse season closed on Saturday. According to an article in the Shooting Times, it’s been a “bumper season“, and, “many moor owners, keepers and shooters around the UK will be reflecting on one of their best years in decades” (see here for article).

In another review, this time just of the Scottish grouse season, Robert Rattray, head of CKD Galbraith’s Sporting Letting Department, comments on the performance of some well-known grouse moors (including Glenogil, Millden and Invercauld) and he writes: “The 2011 grouse season will be looked upon as one of the best in recent living memory, and in many instances a distinct improvement on the 2010 season, in itself regarded as one of the best seasons for a decade or more” (see here for his report).

All very interesting. So much for the supposed ‘significant impact’ of raptors on gamebirds, repeatedly trotted out by the gamekeeper and landowner associations in their quest to legalise persecution. If, as they claim, they are not already killing everything with a hooky beak that dares to even look at their grouse moor, then it seems to me that they’re managing to [legally] kill a record number of red grouse without having to go after the raptors. So what’s the problem?

Of course, there are some who’ll read this blog and will have a different perspective – that is, the 2011 grouse season was a ‘bumper’ one precisely because anything with a hooky beak in the vicinity of the grouse moors had already been killed off.

Environment Minister ‘answers’ question about the lost Langholm hen harriers

Following yesterday’s report that Elaine Murray MSP had asked the Scottish Executive for information about the young hen harriers from the Langholm Moor Demonstration Project (see here), Environment Minister Stewart Stevenson has provided a response:

S4W-04336 Elaine Murray: To ask the Scottish Executive what information it has regarding the number of hen harriers that have been satellite tagged as part of the Langholm Moor Demonstration Project and what is known about the whereabouts of those birds.

Stewart Stevenson: In 2010, three hen harriers were satellite tagged as part of the Langholm Moor Demonstration Project. All three have now stopped transmitting. One tag was recovered at Langholm, with no trace of the bird. The other two birds were tracked through southern Scotland, south west England and France and Spain. No tags or birds have been found.

In 2011, three birds were satellite tagged and all have now stopped transmitting. Transmissions were last received from south of Carlisle, in the Moorfoot Hills and France. No tags or birds have been found and there are no indications of the cause of the lost signals.

The life expectancy of the satellite tags used is between a few months to around three years. While live, the tags provide valuable information on hen harrier range and dispersal.

(Link to parliamentary questions and answers here)

It’s a shame the Environment Minister didn’t elaborate further, although he was probably just reciting the information he’d been given, possibly from government advisors at SNH or maybe from Natural England, who are responsible for the satellite tag data from Langholm. Could the lack of transparency be because two of the locations (in the Moorfoot Hills and in the Northern Pennines to the south east of Carlisle) from where the last known signals were transmitted, just happen to be grouse moors? And not just any old grouse moors. One grouse moor with a long history of alleged raptor persecution (dead raptors and poisoned bait found on different occasions but no convictions) and one grouse moor with a head keeper and under keeper convicted of raptor persecution (pole trapping and inproper storage and use of a pesticide). One of these estates has already been named on the Raptor Politics website (see here and here).

Is it just an unfortunate coincidence that the signals from these two young hen harriers failed after they were tracked to these two moors? It could well be. But it’s very hard to be optimistic when we hear that the hen harrier in England is just four precious nests away from extinction (see here).

Perhaps one of these days the Langholm Project officials will deem us all worthy of knowing all the facts about this publicly-funded project, which would allow us all to draw our own conclusions instead of being spoon-fed a clearly sterilised version of events.

Perhaps you don’t want to wait for something that might never happen though. In which case, you can email the Natural England spokesperson for the Langholm Project (press officer Emma Lusby) and ask her yourself: emma.lusby@naturalengland.org.uk

Norfolk estate gamekeeper guilty of animal cruelty

Here’s another example of the fine work of a ‘professional’ gamekeeper. This was published in the Norwich Advertiser yesterday:

A Norfolk gamekeeper was told today he could be sent to prison after admitting causing a fight between two dogs and a fox.

Christopher John Carter, 49, of The Burrows, in Gayton Thorpe, pleaded guilty at King’s Lynn Magistrates’ Court to causing the fight between the animals in July 2009.

Appearing alongside Carter was Luke James Byrne, 19, of Mill Houses, King’s Lynn, who admitted causing three animal fights on Westacre Estate.

The 19-year-old also admitted possessing three dead wild birds, a heron, cormorant and a buzzard, in King’s Lynn.

Jonathan Eales, prosecuting for the RSPCA, showed magistrates video footage, recorded by Byrne, of the fights which saw dogs attacking animals trapped in a snare. The first clip showed a fight between Byrne’s dog and rat which took place on June 20, 2009. The other videos showed Carter’s two dogs attacking a fox on July 2, 2009 and a fight between one of Carter’s dogs and a fox on June 15, 2010.

Mr Eales said: “In March this year, a woman purchased a mobile phone from Mr Byrne’s parents. The phone had been used by Mr Byrne and had a video clip on it of one of these fights. The woman was so shocked by what she saw that she reported it to the RSPCA which then investigated it. The investigating officer then took possession of Mr Byrne’s father’s laptop and two further video clips were found.”

During each of the videos, Byrne can be heard laughing as the fights took place and encouraging the dogs to attack. He can also be heard screaming “kill it” repeatedly and during the second video, Byrne says: “Well, that didn’t last very long”.

Mr Eales continued: “A number of pictures were also found on Mr Byrne’s father’s laptop of dead animals – three of which were dead wild birds. The conclusion was made that he must have been in possession of these birds to take pictures of them and he has pleaded guilty to these charges.”

Mr Eales told the court Carter is a gamekeeper and that Byrne had done work experience with him but added they had known each other for a long time.

He continued: “When these matters were discovered, both men were interviewed. At first, Mr Byrne denied having any involvement in or knowledge of these matters but after being shown the video clips, he made a no comment interview. Mr Carter didn’t make any admissions until the videos were shown to him but he did assist us in relation to the other two clips which he wasn’t involved in. Mr Carter gave no reason why he thought these things had happened. He said he had no excuse for it and said he knew what had happened was against the law. He also said he was ashamed of himself.”

Mr Eales asked magistrates to consider depriving the two men of ownership of the dogs and told the court these dogs would then be re-homed by the RSPCA. Carter’s two dogs are currently in the care of the RSPCA but Byrne’s dog remains at his home address.

Mr Eales also asked magistrates to consider whether or not to disqualify both men from owning animals for a short period or for life.

James MacWhirter, representing Byrne, asked magistrates to put off sentencing his client until a pre-sentence report had been carried out by the probation service. But Malcolm Savory, representing Carter, urged magistrates to deal with his client and told them he could produce plenty of character references for Carter.

He also appealed to the magistrates to take into account the fact the video footage relating to his client lasted 30 seconds but in the other cases the RSPCA bring to court, the suffering can go on for “minutes, days weeks, months or sometimes years”.

Lead magistrate Paul Kidd asked for all-option pre-sentence reports to be prepared for both men, including possible custodial sentences.

The two men will return to King’s Lynn Magistrates’ Court on January 11 to be sentenced.

Source article at Norwich Advertiser here

If anyone wants to find out whether Christopher John Carter is a member of the National Gamekeepers Organisation, send an email to: info@nationalgamekeepers.org.uk

Congratulations to the RSPCA and the Crown Prosecution Service.

Convicted poisoner (gamekeeper) is a member of SGA

There’ll be some red faces at the SGA today. After all the proclamations of Alex Hogg, Chairman of the Scottish Gamekeepers Association, who is on record as saying, “Professional gamekeepers do not poison raptors” (see here), it turns out that the gamekeeper David Alexander Whitefield, who today was convicted of poisoning four buzzards (see here), is a member of the SGA!!

The SGA has issued a statement after today’s conviction, that says Whitefield’s membership will be suspended with immediate effect (see here). This is welcome, if belated, news. But why wasn’t his membership terminated after his earlier conviction for wildlife offences in 2008? Or is membership only terminated after a conviction for poisoning, as opposed to other types of wildlife crime?

Previously convicted gamekeeper guilty again

A previously convicted gamekeeper has today admitted to poisoning four buzzards with Alpha-chloralose laced baits. At Lanark Sheriff Court, David Alexander Whitefield (45) of Coulter, near Biggar in Lanarkshire, pled guilty to the offences that took place between March and November 2009 at Culter Allers Farm, near Biggar, where Whitefield was employed as the sole gamekeeper for pheasant and partridge shooting. He has reportedly blamed his employer (the landowner), whom Whitefield claims told him to reduce the number of buzzards.

In addition to the four poisoned buzzards found on the shooting estate, a large quantity of Alpha-chloralose was found inside unlocked outbuildings, some of it inside a coffee jar – this extremely hazardous poison could have easily been mistaken for sugar or powdered milk by an unsuspecting visitor. Culter Allers is a popular area for walkers and it is fortunate indeed that no person or pet was poisoned. The buzzards were not so lucky.

This case has been in the works for some time, first reported a year ago and then delayed for legal technicalities (see here, here and here). Sentencing for his latest conviction has been deferred for background reports and will take place in early January. We will watch with great interest.

Whitefield’s previous convictions include failing to ensure the welfare of a buzzard and possession of a buzzard. These offences took place at Culter Allers and he was convicted at Lanark Sheriff Court in September 2008. He received a pathetic £300 fine (see here). Just six months later he was poisoning buzzards. At the time of the first conviction (Sept 2008), he was reported to be a self-confessed member of the Scottish Gamekeepers Association. It is not known if he was a member of the SGA at the time of the buzzard poisoning incidents (March-Nov 2009) or whether he is still a member – you can find out by emailing info@scottishgamekeepers.co.uk

Congratulations to the SSPCA for leading this case and for securing a conviction. Let’s hope the Scottish parliament takes heed next year when they’re consulting on extending the powers of the SSPCA for the investigation of wildlife crime.

STV news story about Whitefield’s latest conviction here

BBC news story here

Alleged snaring offence on award-winning Lochindorb Estate

Two men have been charged with laying snares to trap mountain hares on the Purdey Award-winning Lochindorb Estate, according to the BBC (see here) and STV (see here) websites. David Taylor and Kevin Begg are alleged to have used 24 snares on April 19th but both deny setting the traps, according to the website reports, and their three day trial will begin on 28th March 2012 at Inverness Sheriff Court.

It is not illegal to kill mountain hares by shooting them, but it may be illegal to use an indiscriminate trap (e.g. a snare) to kill them unless the snare operator has a specific SNH licence to do so (see SNH wildlife law leaflet here, and SGA Snaring Practioners Guide 2010 here). The new Wildlife and Natural Environment (Scotland) Act 2011, once commenced, also introduces a new closed season for mountain hares (1 March – 31 July inclusive).

Lochindorb Estate was the joint winner of the 2008 Purdey Gold Award for game and conservation management (see here). The industry’s top honour was awarded for imaginative conservation to improve habitat for both reared and wild game birds (Purdey Awards website here).

Lochindorb was in the news earlier this year when it was reported that a dead white-tailed eagle had been discovered on the estate. By the time the police arrived to investigate, the dead eagle had ‘disappeared’. The police were unable to determine how the bird died as they did not have a body to examine (see here and here).

According to the STV report, Lochindorb was owned by Alasdair Laing (GWCT’s Scottish Committee Chairman) at the time of the alleged snaring offence but has since ‘sold the estate on’.