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’.

Tagged harrier from Langholm mysteriously ‘disappears’

Earlier this month, Environment Minister Stewart Stevenson MSP visited the Langholm Moor Demonstration Project in the Borders. The Langholm Project is an expensive, ten-year project aimed at demonstrating that hen harriers can co-exist with driven grouse shooting. The project is run as a partnership between SNH, Buccleuch Estates, RSPB, GWCT and Natural England. As part of the project, young hen harriers are being fitted with satellite tags to monitor their dispersal movements away from the moor.

The Environment Minister’s visit to Langholm was well publicised with an SNH press release (see here). In this press release, the Minister is quoted as saying: “…it was fascinating to learn that harriers that have been tagged at Langholm are being satellite tracked as far afield as France and Spain”.

Yes, that is fascinating, but of even greater interest is what has happened to the harriers that stayed behind in the UK?

According to the most recent diary entry on the project’s website (October 2011 – see here) written by the Langholm Project’s head gamekeeper, Simon Lester, one of this year’s young harriers has ‘disappeared’ –

There is good and bad news as far as our satellite-tagged hen harriers are concerned. The ever-intrepid McPedro is certainly heading to France, across the channel from Devon. The sad news is that the hen that hatched in the nest just behind our house — and that I fed for some 60 days — has disappeared in the Moorfoots, having survived well in a relatively small range. The last ‘fix’ (or GPS position transmitted by its satellite tag) was on a shooting estate that co-operated fully when Project staff and the police tried, unsuccessfully, to recover the missing bird. Unfortunately, this bird’s particular satellite tag does not have a ‘ground track’ facility, so it may well have ended up miles away from the last transmitted ‘fix’, as, contrary to popular belief, birds can travel a vast distance in between transmissions. This latest loss is very sad, not just for the Project and our hope that more hen harriers will return to breed here, but is not helpful in our quest to help resolve the on-going raptor/grouse-shooting debate, either“.

Now, this is a fairly one-sided commentary of what might have happened to this young harrier. What Lester failed to mention was that the sporting estate where the harrier’s last known GPS ‘fix’ came from was an estate in the Scottish Borders with a well-documented history of alleged raptor persecution. This particular estate has been the subject of two police raids in the last few years. Illegal pesticides, poisoned baits and poisoned and shot raptors have all reportedly been retrieved from this estate. Apparently, no prosecutions for alleged raptor persecution crime resulted from either raid.

Lester is quite right to point out that just because the last known GPS ‘fix’ of the harrier was on this estate, this doesn’t necessarily mean that the harrier died there. As he says, the harrier could have moved off the estate before the next satellite signal was due, and could have died elsewhere – although if that had happened, why wasn’t there another ‘fix’ from the new location? The transmitter doesn’t die when the bird dies. For all we know though, the bird may not even be dead. It’s possible that the satellite transmitter failed, by coincidence, when the bird was on this estate, and the harrier has since moved away and is alive and well in an unknown location. But there is another plausible explanation too, and one that Lester conveniently chose not to include in his report. That is, this harrier could have been killed illegally on this particular estate, and its body hidden/buried/burnt before the Langholm Project staff arrived to search for it. It’s worth pointing out here that the Langholm Project policy, when searching for missing birds, is to look at the bird’s last known GPS ‘fix’, identify the landowner, and ask for that landowner’s permission before the project staff go searching for the bird, thus giving advance warning of the search.

Why Lester chose not to include this alternative possible explanation in his report about the disappearance of the harrier is not clear. It would seem that the suspicion of foul play had been considered by the project team, given that a wildlife crime police officer accompanied the team to search for the missing bird on this estate. We will wait with interest for the Langholm Project’s formal 2011 annual report to see what information is provided about this particular disappearing harrier, and about all the other tagged harriers from 2010 and 2011. So far, very limited information has been made available about the fate of the six tagged harriers, with the exception of the famed ‘McPedro’, who wisely took off to Spain in his first summer, returned to the UK this spring, and then took off south again this autumn. Given the amount of public funding that is being ploughed into the Langholm Project, a bit more transparency about the fate of some of the other young harriers wouldn’t go amiss.

Langholm Moor Demonstration Project website here

Things to do list #1

Recognising that the criminal persecution of raptors in Scotland shows little sign of ending, the Scottish Parliament voted in March this year to introduce the offence of vicarious liability as part of the Wildlife and Natural Environment (Scotland) Act 2011 (see here and here). Basically, this will allow prosecutors to take action against the landowner and/or sporting tenant, and not just an individual gamekeeper, when persecution incidents are detected. Whether this will be effective or not remains to be seen; if the landowner/sporting tenant can demonstrate that he/she knew nothing about the persecution and can show that steps were taken to try and prevent it from happening on their estate, then they will have a viable defence. Once the WANE Act is commenced in full, it won’t be long before the effectiveness of vicarious liability will be tested. At least we’ve got something to work with and by voting to accept this new legislation, the Scottish Parliament has acknowledged that the problem still exists.

Unfortunately, the same opportunity is not available in England. Earlier this year, we reported on the Defra Minister’s response to a request for the introduction of vicarious liability in England. You can read MP Richard Benyon’s response here, where he suggests that vicarious liability is not required and that he applauded gamekeepers for their wonderful work!

Well, now there just may be an opportunity to bypass Richard Benyon’s incredible lack of foresight and have the issue debated in the House of Commons. A new e-petition website has been provided by HM government, whereby ordinary members of the British public can start an e-petition on a topic of their choice (within the bounds of decency!). If after 12 months their e-petition has attracted at least 100,000 signatures, then the issue becomes eligible as a topic for debate in the House of Commons.

Yesterday, a new e-petition was established to introduce the offence of vicarious liability for raptor persecution in England. If you are a UK citizen, you can help support this effort by signing the petition online. Your personal details are not publicised and the whole process takes less than a minute. If you care about the ongoing illegal persecution of raptors in England, here’s your chance to add your voice and it won’t cost you a penny. Please also share this post with your friends, family and colleagues.

Please sign the e-petition here

The mysterious case of the Inverinate Estate gamekeeper’s trial

Way back in March 2011, the case against Inverinate Estate gamekeeper, Andrew Malcolm Slaughter, opened at Inverness Sheriff Court. He was reported to be facing charges under the Wildlife & Countryside Act, the Animal Health & Welfare (Scotland) Act and the Agriculture (Scotland) Act (see here).

Over the next eight months, five different court dates for this trial have been and gone (see here). Today was the 6th court date and we were expecting the case to be concluded one way or another. Well, it was and it wasn’t. Apparently, this case has been ‘deserted pro loco et tempore’. We are told that this means the case is finished as far as this court is concerned, but that the Procurator Fiscal may raise it again in the future. No explanation has been given for this decision.

A satisfactory outcome?

By pure coincidence, Alex Salmond MSP (the current First Minister of Scotland), on a recent trip to Dubai earlier this month, met the son of the man believed (but not confirmed) to be the Inverinate Estate owner (the son happens to be the Deputy ruler of Dubai), “to discuss opportunities to strengthen links between the two nations” (see here). What an amazingly small world.

Poisoning by numbers

Last week the RSPB published its annual UK-wide report on raptor persecution (Birdcrime 2010, see here). We said we’d comment on the report once we’d had a chance to read it. Others chose to comment on the day of its release, or to be more accurate, their commentary was probably written prior to the release and was probably based on the content of the RSPB’s press release, rather than on the actual report’s content (see here).

Birdcrime 2010 held few surprises for many of us. The report carried details of raptor persecution incidents (confirmed, probable and possible) that had been reported throughout 2010, so by not publishing the report until November 2011, many of the items could be considered ‘old news’ (or at least those incidents that had been previously reported in the media – as usual, there were several incidents recorded in this report that were not made public at the time they occurred). That’s not to say the report has no value – it is an immensely important document because it is still the only publication to collate these national statistics in one place. It would just be more useful if it could be published at the beginning of the following year to which the report relates, rather than at the end of the following year, but limited RSPB staff resources may prevent this.

One advantage of publishing the report so late is that information can be provided on the outcome of criminal proceedings for those persecution incidents that actually made it to court. For example, the report provides some previously unpublished information about the trial of gamekeeper Glenn Brown, who was found guilty in June 2011 of operating an illegal trap to take birds of prey (amongst other crimes) on Howden Moor in the Peak District in April and May 2010 (see here, here and here). According to Birdcrime 2010, Judge Caroline Goulbourn “ruled that she viewed the attack on the integrity of the RSPB investigations staff by Bertie Woodcock QC on behalf of Knights Solicitors as an aggravating factor in the case. In addition, she criticised Brown’s employer, Geoff Eyre, who leases Howden Moor from the National Trust, for being evasive and reluctant to answer questions” [Birdcrime 2010, p.17].

Incidentally, there is further detail about this case that has been written in the RSPB’s newsletter, Legal Eagle 65. On page 2 the following has been written: “During the ten day trial, the prosecution relied on expert evidence including Prof Ian Newton, Dr Mick Marquiss, Stewart Scull, Dr Alisdair Wood and Guda van der Burght. The defence case, led by Bertie Woodcock QC, centred on the fact that Brown was not using the trap and the entire investigation was a set up with RSPB officers acting in bad faith throughout”. It’s good to see that Judge Goulbourn ruled against this, although what will happen at Brown’s impending appeal remains to be seen. Legal Eagle 65 reports that this appeal “is expected to take place in 2012”.

In addition to the case studies of earlier persecution incidents, Birdcrime 2010 reports that annual poisoning figures were down from 2009 (128 reported poisoning incidents in 2010, compared to 153 in 2009). It also reports that the 2010 figure is below the average for the last five years (2005-2009 average of 150 incidents). Unsurprisingly, it is this aspect that has been picked up on by the game-shooting lobby (e.g. see here). There has also been much made in the media this year about the ‘low’ poisoning figures for 2011 (e.g. see here) – although the published figures only relate to the first half of 2011; figures from June 2011 onwards are not yet available. So is this a sign of progress, as many of the game-shooting lobby would have us believe, or is it indicative of something else? For example, the lower figures could well be an indication that the gamekeepers have finally seen the light and have decreased their poisoning efforts. On the other hand, it could be an indication that gamekeepers are either (a) getting better at hiding their crimes, (b) switching to other persecution methods such as shooting, which is less likely to be detected, or (c) reporting efforts by the authorities have fallen. At this point I don’t think that either ‘side’ can claim a ‘victory’ in the on-going war of words. It is far too early to tell. For example, if you look at the graph that was published in the RSPB’s earlier report, The Illegal Killing of Birds of Prey in Scotland in 2010 (see here), then this reported decline in poisoning incidents can be seen in much clearer context. The graph I’m referring to appears on page 11 of that report and shows the number of confirmed poisoning incidents in Scotland from 1989-2010. The graph has been recreated for this post – see below (thanks to the contributor who sent it!).

If you look closely at the graph, you will see a great deal of variation between years in the number of confirmed poisoning incidents. Of particular interest are the years 1994 and 1995 – in these two years, confirmed poisoning incidents dropped to a low of 15 from a previous high of 35+. However, if you then look at the following three years, the number of confirmed incidents steadily rose until they reached 35+ again. In 1999, the figure dropped again to 15, and from then until 2010, that figure has steadily risen and fallen, although never reaching the low of 15 again. So what does that tell us? I’m fairly sure that in the years 1994 and 1995, the game shooting lobby would have declared a ‘victory’ as the figures had dropped so much, and would have shouted from the hilltops that they’d changed their ways.  I’m also fairly sure that in the following three years when the figures rose again, the conservationists would have declared a ‘victory’ and pronounced that their claims of widespread persecution had been vindicated. Either way, it is clear that neither ‘side’ can draw conclusions just based on an annual figure; for a trend to be detected, we need to see long-term figures.

But do these figures actually provide the full picture? If you read the recent paper on historical persecution at Atholl Estate (see here), then it’s pretty obvious that the ‘official’ persecution figures are meaningless, in the sense that they don’t tell the whole story. And from a conservation perspective, the figures, whether accurate or not, are not really that important. To steal a line from the recent paper on peregrine persecution on grouse moors (see here), “….it is the population level impact that is important, rather than the number of confirmed persecution cases”. We now have peer-reviewed scientific studies that have shown how persecution on grouse moors is having a population level impact on several vulnerable species (golden eagle, hen harrier, red kite and now peregrine). We have yet to see any peer-reviewed scientific studies that can counter these findings and show that these species are NOT impacted by persecution on grouse moors at a population scale. Why do you think that is, and more to the point, what are our politicians going to do about the published findings, apart from telling us that the Scottish government’s support for grouse shooting “goes beyond words“? (see here). Let’s hope that support doesn’t go beyond action as well.

Convicted gamekeeper back in court part 3

Almost a year ago, back in December 2010, we reported on the case of a previously convicted gamekeeper who was due in court for more alleged wildlife crime offences (see here and here).

His case was delayed several times last December (partly due to the bad weather) and then just before Xmas it was delayed again for a legal technicality.

His case returned to a sheriff’s court today. The case was continued until 1st December. Full details of this case will be provided once criminal proceedings have ended.

The denials have started – gamekeepers say persecution becoming less of an issue

With tedious predictability, one of the gamekeepers’ representative bodies is trying to play down the latest raptor persecution figures. According to an article in today’s Telegraph, the National Gamekeepers’ Organisation says birds of prey are doing well in the UK and persecution is becoming less of an issue.

If you can be arsed to read any more of these ridiculous statements, the article can be found here.