“There does not seem to have been a welfare offence”, says SLE about crow video

The representative body of Scottish landowners, ‘Scottish Land and Estates’ (SLE), has made a statement on its website about the crow-beating incident recorded on video earlier this month (see here, here and here for background info).

SLE writes: “…and despite the impression given by the OneKind film there does not seem to have been a welfare offence…” (link to SLE statement here).

Maybe the SLE people watched a different video to the rest of us, or maybe they think the method of killing was acceptable? Their view is certainly not shared by the 1,993 signatories to the OneKind open letter to the Scottish Environment Minister (see here), and judging by the comments made by the general public on the OneKind website, a lot of people are understandably angry about what they saw in that video (see here to view the comments).

SLE goes on to warn its members about the potential for criminal damage being done to legal traps, cages and snares, and is encouraging them to report any suspicious activity to the police.

Blog readers are encouraged not to take the law into their own hands, but instead, report any suspicious-looking devices or suspected animal welfare incidents to the police and to the SSPCA. (We recomend reporting to both the police and the SSPCA so that the SSPCA can follow-up if the police fail to investigate). There is an excellent guide to help identify a legal trap from an illegal trap on the OneKind website, and we encourage everyone to take a look. The guide can be found here.

Whether you share the SLE’s view or not, a legal decision about whether the gamekeeper’s actions amounted to a welfare offence, or not, will never be known, as the Procurator Fiscal deemed the video inadmissable evidence, and this decision was later supported by the Lord Advocate. Although a private commentator on this blog has suggested that it was not the Fiscal’s role to deem the evidence inadmissable; he thinks that only a Sheriff has the authority to rule on such an issue. If there are any legal experts reading this (and we know there are a few of you!!) we’d be happy to hear your opinion.

Meanwhile, we’ll sit and wait for the Scottish Environment Minister’s response to the questions raised about wildlife crime reporting in Scotland.

SGA says that raptor workers could be laundering eggs & chicks

The Scottish Gamekeepers’ Association is clearly on the ropes as the mounting body of evidence showing criminal gamekeeper activity gains more and more public attention. One of the SGA’s regular spokesmen, the perenially entertaining Bert Burnett, has now suggested that raptor fieldworkers could be taking raptor eggs and chicks from nests, to launder them on the black market! It’s a bit like saying Greenpeace activists could be harpooning whales to sell to the Japanese, or that the RSPCA could be collecting stray dogs to sell the meat and skins to the Chinese. All possible, of course, but all as improbable as Bert becoming Head of MENSA.

In his latest message to the SGA membership, he also suggests that if licenced raptor workers don’t give prior notice to the gamekeeper of their intended visit, they are not following ‘good practice’. This is, of course, totally incorrect, as all licensed raptor fieldworkers in Scotland already know. The ‘good practice guide’ used by Scotland’s raptor workers (which incidentally is endorsed by SNH) does not say that raptor fieldworkers need to provide advance warning of their intention to visit any raptor site.  Indeed, under the Land Reform Act (Scotland) 2003, volunteer raptor surveyors have a statutory right of access, just as any other member of the public. The difference between a raptor fieldworker and any other member of the public is that the raptor worker will have a Schedule 1 Disturbance Licence, issued annually by SNH, permitting them to visit the nests of certain protected species. Possession of this licence indicates that the raptor fieldworker is suitably competent in minimising the disturbance effect of his/her visit on the raptor’s breeding attempt.

There’s a very good reason why many raptor fieldworkers don’t give prior notice of their intended visit, and it doesn’t take a genius to work out what that might be! Why do you think gamekeepers are demanding that they be given prior warning of a visit? Could it be so they can rush out and remove poisoned baits, dead birds, illegal traps? Bert suggests that the prior notice is to ‘minimise disturbance’ to the gamekeeper’s daily routine, such as ‘fox control’. What utter tosh! Other members of the public, such as hill walkers, cyclists, dog walkers etc, are not required to provide prior notice. Why should it be different for raptor fieldworkers? Could it be because raptor fieldworkers are more likely to be able to spot criminal activity, than say, a casual hill walker?

Bert goes on to urge his members to report anybody seen at a nest site to the police. This is actually a great piece of advice, because it will save the raptor fieldworker the trouble of making the call when he/she finds the poisoned bait, or dead raptor, or trampled chicks, or smashed eggs, or illegal trap during their site visit. The interesting part will be whether the police actually turn up to investigate!

Bert also talks about how raptor workers are licenced (the SNH-issued Disturbance Licence mentioned above) and how the system is ‘based on trust’ with ‘no built in accountability’. That’s also incorrect (where does he get his ‘facts’?). However, the interesting part in his article is where he calls for equality in terms of accountability for raptor fieldworkers and gamekeepers. We couldn’t agree more, Bert! The sooner that a licensing system for individual gamekeepers is introduced, the better!

Bert’s article on the SGA website here

No court proceedings for allegedly beating crows to death on scottish sporting estate

Following a comment made on this blog by an investigator from the animal charity OneKind, we would like to draw your attention to a blog on the OneKind website.

The blog, written by the OneKind field investigator, discusses the recent decision by the Crown Office and Procurator Fiscal Service (COPFS), supported by the Lord Advocate, not to prosecute an individual (identified by OneKind as a ‘head gamekeeper’ on a Scottish sporting estate) for allegedly beating crows to death inside a crow trap. The explanation given for this decision not to prosecute is astounding.

OneKind blog here

Convicted Aswanley Estate gamekeeper not an SGA member

The Scottish Gamekeepers’ Association has just issued a statement about convicted Aswanley Estate gamekeeper, Craig Barrie, following our earlier blog post today (here).

The SGA says Barrie was not a member of the organisation.

SGA chairman Alex Hogg uses the statement to encourage gamekeepers to become a member of a representative body, “…..to make sure they are getting all the information neccessary to carry out their work in line with law and best practice“. A laudable aim, but of course, being an SGA member does not neccessarily equate to carrying out work ‘in line with law and best practice’ – twice convicted gamekeeper David Whitefield was an SGA member at the time of both his convictions (see here), although we now understand the SGA has, albeit belatedly, given him a “life ban”. We also understand that another SGA member has been charged with alleged wildlife crime offences, but we won’t comment further on that until legal proceedings have finished.

SGA statement on Aswanley Estate gamekeeper Craig Barrie here

If you’re wondering about the empty picture frame above, see here. If anyone has a photo of Aswanley Estate that they would like to share here, please get in touch!

Just asking

Last week we blogged about an Aberdeenshire gamekeeper’s failed appeal against his sentence for the possession and control of a live wild bird on Aswanley Estate. Craig Barrie’s appeal was rejected by two appeal judges (see here).

What wasn’t reported was whether Barrie was a member of the Scottish Gamekeepers’ Association, and if he was, whether he had now been ejected from the group.

In recent months, the SGA has been admirably quick to make a public statement on its website about the membership status of several gamekeepers who have found themselves in court. However, the SGA has been unusually coy about Craig Barrie, but perhaps he’s just been forgotten in the recent flurry of gamekeeper convictions – it would be an easy oversight to make.

So, after our readers’ success in getting the National Gamekeepers’ Organisation to finally admit that convicted gamekeeper Glenn Brown was an NGO member, perhaps some would like to ask whether Craig Barrie is/was a member of the Scottish Gamekeepers’ Association?

info@scottishgamekeepers.co.uk

National Trust remarks about raptor persecution in Peak District

For those who have been following the story about the recent conviction (see here) and (failed) appeal of Derbyshire gamekeeper Glenn Brown for his criminal activities on the National Trust’s Howden Moor (see here), you might want to have a read of Mark Avery’s blog. He’s managed to persuade Dr Simon Pryor, Natural Environment Director from the National Trust, to comment about the National Trust’s approach to dealing with raptor persecution on its properties.

Mark Avery’s blog here

Scottish gamekeeper made false poisoning claim

A Scottish gamekeeper from Perthshire sparked a major health scare and forced the closure of part of the city after claiming he’d eaten the banned poison Cyanide, according to newspaper reports today.

Perth Sheriff Court heard the bizarre case yesterday, when 29-year old gamekeeper Graeme Thompson of Primrose Crescent, Perth, admitted depriving the public of emergency service workers last November by [falsely] claiming he had swallowed razor blades and cyanide. The large-scale operation to isolate Thompson (for fear of him contaminating hundreds of nearby residents) reportedly involved six police vehicles, 14 police officers, eight ambulances, seven paramedics and seven specialist medics.

Thompson has been remanded in custody pending sentence and the case was continued for the preparation of social work reports.

The Scottish Gamekeepers’ Association were quick to make a public statement to confirm that Thompson was not one of their members (see here).

STV news report here    Scottish Sun report here

Gamekeeper on Aswanley Estate, Aberdeenshire, loses appeal [UPDATED]

An article on the STV website reports that a gamekeeper on the Aswanley Estate has lost his court appeal against his sentence for illegal possession and control of a wild bird.

30 year old gamekeeper Craig Barrie of Glass, Huntly, Aberdeenshire, had previously been convicted for having a live pigeon inside a cage trap. On 28 October 2011 at Aberdeen Sheriff Court he had been fined £520 for the possession and control of a live wild bird contrary to the Wildlife & Countryside Act 1981. Barrie is reported to have appealed his sentence, arguing that unless he received an admonishment or an absolute discharge, he would lose his job. Two appeal court judges rejected his argument yesterday, meaning that Barrie has now lost his job. The article reports that Barrie had previously resigned from his job following his earlier conviction, “but the post had been kept open for him in case the appeal was successful“!!!!! (The point being that Barrie wasn’t appealing against his conviction – just against his sentence. Why would Aswanley Estate want to ‘keep his job open’ when he’d been convicted of a wildlife crime, no matter what his sentence?!)

There’s some shoddy journalism in the article, referring to Barrie’s “gamekeeper licence” and saying that the offence took place in “2019” (it actually took place in 2010). It is presumed that the “gamekeeper licence” refers to the general licence. Unfortunately we have not yet reached the stage where gamekeepers are regulated by a ‘gamekeeper licence’ but who knows, the way things are going this might just be the next step after estate licencing!

It is not known whether Barrie was a member of the Scottish Gamekeepers’ Association. More on this shortly…

Well done to the two appeal judges – a refreshing change is in the air.

STV article here

Aswanley Estate website here

Thank you to the contributor who alerted us to this story.

UPDATE: We have received the following email from Aswanley Estate: “We notice that you have used a photograph of Aswanley Estate on your blog entry. You are infringing copyright laws and would ask that you please take this of [sic] within 48 hours or we will take further action”. Thanks for keeping us on the right side of the law, Aswanley Estate – it’s a shame this level of vigilance didn’t extend to the criminal activity of the Estate’s gamekeeper. Keep ’em peeled!

Convicted gamekeeper Glenn Brown was a member of the National Gamekeepers’ Organisation

Well finally, the National Gamekeepers’ Organisation has responded to one of the many emails we know were sent to them asking whether convicted gamekeeper Glenn Brown was one of their members (see here).

Here is the reply sent to one of our readers today:

From Ann Robinson-Ruddock (NGO) – “Thank you for your enquiry. I can confirm that Mr Brown was a member of the NGO but that following his convictions he has resigned“.

Fascinating. I guess we now know why the NGO has been reluctant to make a public statement on its website since Brown’s conviction in June 2011. Although to be fair, perhaps they’ve waited seven months to see whether his appeal, based on the assertion that he’d been ‘framed’ by the RSPB, was successful. We found out a week ago that his appeal  had failed, some might say spectacularly. Yet still the NGO has failed to make a public statement.

Wouldn’t you expect an organisation, that not only promotes itself as a member of the Partnership for Action against Wildlife Crime, but states on its website that “Our organisation has a strict disciplinary code  and does not tolerate those who bring the gamekeeping profession into disrepute“, to make a big song and dance about publicly condemning Brown’s criminal activities, and making sure that everyone knew he’d been expelled from the organisation? What we get instead is a delayed private response, that says Brown has resigned, and no mention of condemnation or expulsion.

Is there any wonder that conservationists are so cynical when it comes to trusting the sincerity of the National Gamekeepers’ Organisation? At least when twice-convicted gamekeeper David Whitefield was outed as being a member of the Scottish Gamekeepers’ Association in December 2011, the SGA had the sense to immediately and publicly admit that he was a member, outrightly condemn his criminal activities and kick him out of the club (although the phrase they used was ‘suspended’ rather than ‘expelled for good’ – see here). UPDATE: the SGA has now reportedly given Whitefield “a life ban” (see here).

Come on National Gameepers’ Organisation – when the Scottish Gamekeepers’ Association is making you look bad you know your public credibility rating is probably at rock bottom!

Thank you to the contributor who sent us the NGO email and thanks to everyone who contacted the NGO and pressurised them for an answer.

Is he, or isn’t he?

Last Tuesday (24 Jan), Derbyshire gamekeeper Glenn Brown lost his appeal against his conviction for seven offences under the Wildlife & Countryside and Animal Welfare Acts (see here).

On 25 January 2012, we asked whether Glenn Brown was a member (or now an ex-member) of the National Gamekeepers’ Organisation (NGO), and encouraged readers to contact the NGO and ask for themselves. I don’t know about you, but the NGO has so far ignored the email we sent to them about it.

Interestingly, the NGO was very quick to post a statement on its website recently about the conviction of a Norfolk head keeper and his apprentice for animal cruelty offences (see here). The NGO stated that neither of the offenders were members of the NGO, and this statement was posted the day after the two were sentenced (sentenced on 11 Jan, NGO web statement posted 12 Jan 2012). UPDATE 8 FEB 2012: the NGO has now removed the statement on its website about the Norfolk head keeper and his apprentice.

So, why the silence over Glenn Brown? Was he a member of the NGO or not? It’s a simple enough question, isn’t it?

If anyone else wants to ask the NGO, you can contact them at: info@nationalgamekeepers.org.uk