Tag: gin trap

Update on convicted gin trap gamekeeper James O’Reilly

A few updates on some of the questions we asked yesterday following the conviction of Scottish gamekeeper James O’Reilly (see here)….

1. We asked the Cardross Estate whether O’Reilly was still employed as a gamekeeper on their estate. They have issued the following statement:

CARDROSS ESTATE REFUTES WILDLIFE CRIME ALLEGATIONS

(Issued on behalf of Cardross Estate)

Cardross Estate today issued the following statement after the conviction and sentencing of a gamekeeper at Stirling Sheriff Court on offences under the Wildlife and Countryside Act, 1981.

Sir Archie Orr-Ewing, owner of Cardross Estate, said: “The reputation of the estate has been unjustly tarnished by the publicity around these court proceedings. The estate does not have any involvement whatsoever in the sporting management of the land in question. The area of land where these offences occurred is let on a long-term lease to a third party who has full rights and responsibilities for the management of sporting activity. The gamekeeper is employed by the third party and has never been employed by the estate.

“Having co-operated fully with the authorities during their investigation and having been asked to be a prosecution witness, I am bitterly disappointed that the Crown Office did not see fit to clarify the estate’s position in its public statement following the case.

“Cardross Estate is an estate that takes its land managcment responsibilities very seriously and is a business focused on the local community and the delivery of sustainable rural enterprise. In particular, we are committed to contributing to the tourism offering of the Loch Lomond and Trossachs National Park.”

END

According to some media outlets, O’Reilly no longer works on the Cardross Estate and some claim he no longer works in the gamekeeping industry.

2. We asked the Scottish Gamekeepers’ Association whether O’Reilly was a member of the SGA, and if so, has he now been booted out. They have issued the following statement, which seems to carefully avoid answering the question:

SGA RESPONSE

Responding to the sentencing of a former gamekeeper, who used an illegal gin trap to catch a buzzard, a spokesman for The Scottish Gamekeepers Association said: “This is the first we have heard about this case but, as an organisation, we are appalled. These actions have no place in modern gamekeeping and show ignorance of the legal requirements which are involved in being in the profession. They are an affront to all those who advocate high standards and take their responsibilities seriously and with care.”

END

Actually, O’Reilly’s criminal activities didn’t show ignorance of the legal requirements; according to the press statement issued by the Crown Office yesterday, O’Reilly had undertaken the snaring course (run by either GWCT or SGA) legally required for anyone wanting to set snares in Scotland. He’d passed the course so he wasn’t ignorant, he just chose to blatantly disregard the law.

We’re still interested in whether O’Reilly was an SGA member at the time he committed these offences. If you’re also interested, you too can email them again: info@scottishgamekeepers.co.uk

3. We asked Scottish Land & Estates whether the Cardross Estate was a member of their organisation and if so, had it now been booted out.

They haven’t yet made a public statement, although they did respond to a private email from one of our blog readers by saying that the Cardross Estate resigned from their organisation in 2012.

4. We asked Environment Minister Dr Aileen Mcleod when the Scottish Government will publish the recently completed Wildlife Crime Penalties Review, in light of the pathetic sentence given to O’Reilly for his barbaric crimes. One of her civil servants has issued an acknowledgement email, saying someone will respond soon.

On a related note, there’s an article here with further details about why the Sheriff didn’t give O’Reilly a more fitting punishment. It includes a suggestion from O’Reilly’s defence agent that the gamekeeper was ‘under pressure from above’. It’ll be interesting to see whether the Crown Office decides to go for a vicarious liability prosecution.

Scottish gamekeeper convicted for using a gin trap on Cardross Estate: gets community service order

James Alfred O’Reilly, 50, a Scottish gamekeeper working on the Cardross Estate in Stirlingshire, has been convicted of four wildlife crime offences, including the use of a gin trap to catch a buzzard. His punishment? It’s the usual pathetic response: he’s been ordered to carry out 240 hours of unpaid work.

Here is the press release from the Crown Office:

At Stirling Sheriff Court today, gamekeeper James O’Reilly was given a Community Payback Order and ordered to carry out 240 hours of unpaid work after having pled guilty to four charges under the Wildlife and Countryside Act 1981.

O’Reilly was convicted at Stirling Sheriff Court on 24 April of a number of charged including the use of an illegal trap for the purposes of taking of wild birds on the Cardross Estate in March 2013. Common buzzards, red kites, goshawks and white tailed eagles can all be found nesting in or as regular visitors to the area.

A man walking his dog on the estate, at a location known as Gartur came to an open area next to a pheasant pen where a distressed buzzard was caught in a trap by its leg next to a decomposed deer carcase.

The man released the jaws of the trap from the buzzard’s leg. When it became apparent that the buzzard was unable to fly he took the bird home and called the SSPCA. The SSPCA reported the incident to the police who continued the investigation. They found an illegal trap, which by its nature and placement by the accused was calculated to cause injury to wild birds.

They also found that the accused had set a number of snares in the area. None of which had identification tags on them as required by law.

It was clear to police that there was an issue in relation to the pest control methods employed by the accused and as a result, a search warrant for his house was obtained and executed on 4 April 2013.

In the course of the search, a snare containing decomposed fox parts was found next to a pheasant pen near to accused’s home address. It was apparent that a fox had become snared and the Accused maintains that he shot the fox after it had become trapped, and left the carcase lying. Staff at the Scottish Agricultural College confirmed that the fox caught in the snare had been there for more than 24 hours and possibly from the back end of 2012.

The buzzard was examined by a veterinary surgeon who found it had a severe injury to the right leg just above the foot. He commented that the injuries would have been extremely painful for the bird and would have taken several days to occur. Treatment was provided to the bird but its condition deteriorated and the bird was euthanized on welfare ground as it would never be suitable for release back into the wild.

Notes to Editor

  1. James Alfred O’Reilly (DOB 30/06/1964) of Stirling pleaded guilty on 24 April 2015 at Stirling Sheriff Court to four offences under the Wildlife and Countryside Act 1981 as below. He was sentenced to 240hrs Community Payback Order, on all charges cumulo:

gin trap* Between 22 March 2013 and 25 March 2013 at Gartur, Cardross Estate , Port of Menteith, you JAMES ALFRED O’REILLY did intentionally or recklessly injure and take a wild bird, namely a buzzard in that you did set a gin trap also known as a leg hold trap on open ground or other similar type of trap which was baited with a deer carcass which trapped said buzzard by the leg, injuring it whereby it had to be humanely euthanased due to its injury; CONTRARY to the Wildlife and Countryside Act 1981 Section 1(1)(a);

* between 1 February 2013 and 4 April 2013 at Tamavoid, Cardross Estate, Port of Menteith, you JAMES ALFRED O’REILLY, whilst carrying out an inspection of a snare, did find an animal, whether alive or dead, caught by said snare and did fail to release or remove said animal namely a fox; CONTRARY to Wildlife and Countryside Act 1981, Section 11(3)(A);

* between 1 April 2013 and 4 April 2013 at Gartur, Tamavoid and The Big Wood , Cardross Estate , Port of Menteith you JAMES ALFRED O’REILLY did set in position a snare without having been issued an identification number by the Chief Constable under Section 11A(4) of the aftermentioned Act and did set 2 snares at a stink pit , 4 snares at a pheasant release pen and 1 snare at a stink pit, all of which did not have identification tags attached; CONTRARY to the Wildlife and Countryside Act 1981, Sections 11A(1) and (5);

* Between 22 March 2013 and 25 March 2013 at Garfur, Cardross Estate, Port of Menteith you JAMES ALFRED O’REILLY did set in position a trap, namely a gin trap also known as a leg hold trap being of such a nature and so placed as to be likely to cause bodily injury to any wild birds coming into contact therewith in that said trap was set on open ground next to bait, namely a deer carcass; CONTRARY to the Wildlife and Countryside Act 1981, Section 5(1)(a).

The requirement to tag snares was introduced by the 2011 Wildlife and Natural Environment Act as part of a suite of measures aimed at improving the accountability of snaring. This requirement came into force on 1st April 2013. Under the new regime, those responsible for setting snares were required to attend a training course, prior to being given an identification number. The accused O’Reilly had been issued with such a number on 23rd March 2013 by the licensing office in Pitt Street, Glasgow.

END

So, here are some questions:

1. Is O’Reilly still employed as a gamekeeper on the Cardross Estate (where they offer driven pheasant and partridge shooting)? Emails to: enquiries@cardrossestate.com

2. Is O’Reilly a member of the Scottish Gamekeepers Association, and if so, has he now been booted out? Emails to: info@scottishgamekeepers.co.uk

3. Is the Cardross Estate a member of Scottish Land & Estates, and if so, has it now been booted out? Emails to: info@scottishlandandestates.co.uk

4. When will the review of wildlife crime penalties be published by the Scottish Government (we understand it’s been submitted) and, more importantly, when will the review’s recommendations for change be implemented? Emails to: ministerforenvironment@scotland.gsi.gov.uk

You can perhaps combine this last email with one asking the Minister when we can expect to see a General Licence restriction order enforced on land where a poisoned red kite, a poisoned peregrine, and an illegally trapped red kite have been found – see here.

UPDATE 21st May 2015: some responses to these questions here.

Photo: a Scottish gamekeeper’s illegal gin trap

Thanks to the contributor who sent in this photo and the following information:

“Given the appalling news story about a golden eagle found with injuries from a leg-hold trap…here’s my photo of a freshly used gin trap and stake seized by the police and RSPB from a keeper in 2003. One of a bagful.

To my certain knowledge these traps, outlawed finally in Scotland in 1974 (20 years after England…seems it was ok to torture foxes legally up to that point), have been used (and are probably still being used) under a bait to trap golden eagles, wild cats and foxes..

The most likely trap to have been involved in the recent golden eagle case. Eagles are strong enough to rip one of these up and fly or hobble away…if stake isn’t well tied down. They can snap bailer twine (the usual attachment for Fenn/Springer pole traps) like it was thread”.

Dear Diary…

Here’s a rare opportunity to look into the world of  the ‘modern’ gamekeeper. These are extracts taken from a Scottish gamekeeper’s diary. We were shown these diaries by someone from within the keepering world who wishes to remain anonymous, for obvious reasons. Worryingly, the diary-writer is still currently employed as a full-time gamekeeper. We’ve split the entries into different years – the following is from 2008. See how many wildlife crime offences you can spot:

Thurs 3rd January: set baits in Glen S & right hill

Sat 5th January: John P came for rabbits & Alpha

Weds 16th January: Gassed fox at Black Brae Lower

Fri 25th January: Eggs out on Top Moor + rabbit for crows by Big Wood

Fri 1st February: Lifted eggs Top M & set out at edge of Middle.

Tues 5th February: Shot dog Glen S.

Mon 11th February: Lifted eggs Top M. Shot kestrel.

Tues 19th February: Baits out at Harry’s, rabbits & hares

Thurs 21st February: Pick up gins from Glen side. Got female peregrine.

Fri 29th February: Done traps at S Corner and more eggs out. Saw pair peregrines at Millers.

Sat 1st March: baits out with Jim at Middle. Missed a cock harrier. Staked pigeon at Millers.

Sun 2nd March: Got peregrines at Millers. Eggs out on Broadfield.

Tues 4th March: Got 2 buzzards, 2 rooks + 9 crows. Rabbit out for others.

Fri 7th March: Got a vixen at T Moor. Put out birds by low fence.

Sun 9th March: Eggs at Glen side again.

Weds 12th March: Eggs up, tracks seen. Done baits at Gordon’s. Sheep shot for midden 3.

Thurs 13th March: Got buzzard at Becks. More rabbits out. Alpha.

Sat 15th March: Picked ups crows & eggs Langsmere. Saw 2 harriers.

Tues 18th March: Set eggs JB & baits southside.

Weds 19th March: Got a cat on Red moor.

Thurs 20th March: Got SE owl & set 59 eggs Lower bank.

Sat 22nd March: 1 harrier at Langsmere. Merlins at Merv’s.

Mon 24th March: Snares at Glen side. 26 foxes so far.

Tues 25th March: Missed harrier at Langsmere. Baited Broadfield again.

Thurs 27th March: Got a badger with John S. He heard gos behind Big Wood.

Fri 28th March: Lifted eggs Lower bank. More set at Harry’s.

Mon 31st March: Crow cages out Big Wood.

Wed 2nd April: Harrier trap empty.

Thurs 3rd April: Pair eagles seen southside.

Fri 4th April: Put eggs T Moor. Shot rabbits for baits.

Sun 6th April: Crow cages done. Eggs checked.

Weds 9th April: Baits out Glen side. Tom collected pigeons.

Fri 11th April: Got buzzards at JB.

Tues 15th April: Gos in crow cage. Gave it to PL.

Fri 18th April: Baited traps & re-did snares.

Tues 22nd April: Eggs & hares out in the Sloughs.

Sun 27th April: Eggs lifted Sloughs.

Fri 2nd May: Put out more baits.

Sat 3rd May: Pigeons staked upper side. Got tiercel.

Weds 7th May: Set eggs.

Thurs 15th May: Put baits out at Bothy.

Sat 17th May: 3 buzzards in crow cage. Re-set.

Thurs 22nd May: Two Peres at Glen side. Got one.

Weds 28th May: Eggs lifted more baits out. Rabbit gone at Bothy.

Mon 2nd June: Set pheasant eggs at Big Wood. Did crow traps.

Sun 8th June: Litter of foxes gassed behind GateBridge.

Fri 13th June: Partridges into pen.

Mon 23rd June: Put eggs out Broadfield.

Weds 2nd July: Gassed another litter with Paul at Stebb’s.

Fri 1st August: Got a short eared owl. Lifted eggs Broadfield.

Tues 5th August: Moved crow cages to RT.

Sun 10th August: Spar caught. Trap re-set.

Fri 12th Sept: 42 brace at Sam’s but harrier seen.

Fri 26th Sept: New snares out.

Thurs 2nd Oct: Two eagles seen Glen S. 1 buzzard in crow trap at T Moor.

Tues 7th Oct: Hare baits out Langsmere.

Thurs 16th Oct: Shot sheep for midden 3.

Mon 20th Oct: Pigeons 5pm

Weds 22nd Oct: Shot a kestrel at Sam’s.

Fri 31st Oct: Merlin pair done North Bothy.

Sat 8th Nov: 6 pigeons put out Big Wood.

Tues 25th Nov: Baits out with Paul.

Fri 19th Dec: Put grouse on T Moor.

landowners’ condemnation of raptor persecution exposed as a sham?

On 21 May 2010, this blog reported on the news that over 200 landowners (members of the Scottish Rural Property & Business Association – SRPBA)  had written a letter to Environment Minister Roseanna Cunningham MSP, condemning the continued practice of illegal raptor persecution on Scottish sporting estates.

This letter has now become available for public viewing: SRPBA LETTER MAY 2010

On close scrutiny of the signatories to this letter, it is now apparent that on 23 of the estates listed, wildlife crime incidents have been recorded, and on seven of them, estate employees have criminal convictions. Here they all are in their full glory:

Careston Estate, Brechin: Buzzard found poisoned by Chloralose 1992.

Dochfour Estate, Inverness: Buzzard found poisoned by Chloralose 1992.

Invercauld Estates, Braemar: Buzzard found poisoned by Chloralose 1992; Three Buzzards and a raven found poisoned by Carbofuran 2005; Gamekeeper convicted for illegal use of spring trap 1997.

Balmanno Estate, Bridge of Earn: Buzzard found poisoned by Carbofuran, illegal gin traps and egg collection – Gamekeeper convicted 2003.

Haystoun Estate, Peebles: Gamekeeper filmed allegedly removing Peregrine chick from nest – evidence ruled inadmissable in court (a legal technicality) – but keeper convicted of firearms offences 2003.

Haddo Estate, Aberdeenshire: Gamekeeper convicted for  laying poisoned baits and illegal traps and fined £2,600 in 1989.

Dunachton Estate, Kincraig: Buzzard found shot 1990; Buzzard found shot 1992.

Dougarie Estate, Isle of Arran: Eagle found poisoned by Chloralose 1991.

Rosehaugh Estate, Black Isle: Buzzards found poisoned by Mevinphos 1991.

Dinnet & Kinord Estates, Aboyne: Gamekeeper convicted for firearms offences and trespassing on neighbouring estate while carrying a firearm 2006; Golden eagle found poisoned 2006.

Straloch Farm, Blairgowrie: Buzzard found poisoned by Chloralose 1992.

Lothian Estates, Jedburgh: Osprey found shot 1993.

Glenfeshie Estate, Kincraig: Golden eagle found poisoned by Carbofuran 2006.

Islay Estates, Islay: Raven found poisoned by Mevinphos 1989; Buzzard found poisoned by Mevinphos 1989.

Dunecht Estates, Aberdeenshire: Buzzard found shot 2007.

Coignafearn Estate, Tomatin: Poisoned bait found 1983; Golden eagle found poisoned 1988.

Roxburghe Estate, Kelso: Buzzard found poisoned by Mevinphos 1989.

Seafield Estate, Strathsprey: Buzzard found poisoned by Chloralose 1991.

Innes Estate, Elgin: Dead Buzzards and crows found dying after poisoned by Carbofuran – Michael Royan (head gamekeeper) convicted of firearms offences and possession of illegal poisons 2007.

Carbeth Estate, Stirlingshire: Buzzard found poisoned by Chloralose 1989.

Wemyss & March Estates, Longniddry: Managers of the Barns Estate in Peebleshire, where gamekeeper was convicted of poisoning 20 raptors, described at the time as “Britain’s worst wildlife crime” 2004.

Alvie Estate, Kincraig: Golden eagle found poisoned 1980.

Aberarder Estate, Strathnairn: Eagle found poisoned 1993.

One has to ask, why are these estates still allowed a membership of SRPBA? Doesn’t their continued membership ruin any credibility of the SRPBA’s public pronouncements against illegal raptor persecution? Indeed, it seems to go against the SRPBA’s very own Code of Practice: http://srpba.com/view_item.aspx?item_id=136&open2=false

Although of course, we should point out that some of these Estates may have changed ownership/staff since some of these incidents occured – we should probably give them all the benefit of the doubt because after all, the SRPBA has ‘repeatedly condemned the illegal poisoning of wildlife’ and of course we should all accept that their members are all above board and not engaged in criminal activities.

The SRPBA is also a fully-fledged partner in the Partnership Against Wildlife Crime (PAW Scotland) – as a commited partner, I’m sure that the SRPBA has expelled any members that are associated with wildlife crime. Otherwise, what is the point of SRPBA being a partner in PAW Scotland? No point, other than paying lip-service to raptor conservation in a feeble attempt to protect their public image. But we are giving them the benefit of the doubt, aren’t we.

At the latest PAW Scotland meeting  that was held on 25 May 2010, Environment Minister Roseanna Cunningham MSP apparently congratulated the SRPBA on their letter. Let’s give her the benefit of the doubt too and assume she hadn’t read it yet.

PAW gets into bed with an estate with a track record of wildlife crime

Oh dear. It looks like those fools who run PAW have made a serious error of judgement (again). The news section on the PAW website contains information about a recent deer training course for Police Wildlife Crime Officers and a Procurator Fiscal, helping them to understand the process from slaughter to table. All well and good….that is until you read where the training course was held…

Balmanno Farm.

For the eagle-eyed amongst you, you will recognise the name ‘Balmanno’ from the Named Estates section of this blog, and also from the blog entry on 5th March 2010. These entries refer to a conviction for wildlife crime of a gamekeeper on the Balmanno Estate.  A poisoned buzzard (killed by Carbofuran), gin traps and an egg collection were found on this estate in 2001-2002, and a gamekeeper was convicted of wildlife crimes at Perth Sheriff Court on 12th November 2003. A quick google search identifies Balmanno Farm as being part of the Balmanno Estate in Perthshire.

Click here for the PAW press release: http://www.scotland.gov.uk/Topics/Environment/Wildlife-Habitats/paw-scotland/news/TrainingEvenReport190310

Well done PAW! Your credibility is plummeting to new depths.

Farr Estate gamekeeper’s conviction quashed

A gamekeeper on the Farr Estate, Tomatin, Inverness-shire was fined £1,500 for attempting to trap rare birds of prey. The keeper was found guilty of laying traps to catch peregrine falcons and goshawks. The 37-year-old was convicted at Inverness Sheriff Court in January 2005 at the end of a trial which lasted two years.

Sheriff Donald Booker-Milburn found the keeper, of  Strathdearn, Tomatin, guilty of two charges under the Wildlife and Countryside Act 1981.

The first charge stated that he set a crow cage funnel trap in Kyllachy with the intention of trapping peregrine falcons and goshawks. He used the trap with the funnel open, the door wired shut and two live feral pigeons set within the trap as bait.

The second accused him of possessing nine illegal gin traps, which can be used to trap wild birds and mammals such as foxes and wild cats, for criminal purposes.

RSPB Species Protection Officer Keith Morton said at the time: “We are very encouraged that the sheriff imposed a substantial penalty, as this will highlight the seriousness of this offence”. He added: “It will be interesting to see the reaction of the estate, we suspect there is a great deal of support about this activity among some employers.”

http://news.bbc.co.uk/1/hi/scotland/4217109.stm

The keeper’s conviction was quashed by the Court of Appeal later in 2005.

gin traps and a poisoned buzzard found on balmanno estate, perthshire

After several poisoning incidents in the Glenfarg area of Perthshire over a number of years, a buzzard poisoned by carbofuran was found on the Balmanno Estate in November 2001.

Tayside Police, the Scottish Executive Environment and Rural Affairs Department and the RSPB searched the shooting estate, as well as the premises of the gamekeeper, on 15 March 2002, under powers of the Food and Environment Act. On the estate, they found a freshly dead crow, which was later found to contain carbofuran. At the keeper’s premises they found a small quantity of carbofuran, a small egg collection and several gin traps with pieces of fur on the jaws. The keeper was detained and admitted that he had used the gin traps to take fox cubs. Admissions were also made in relation to the buzzard’s egg.

A poisoned buzzard

After many hearings, stretching back to an original trial date of 19 November 2002, the keeper changed his pleas to guilty. On 12 November 2003, at Perth Sheriff Court, he pleaded guilty to charges of possession of carbofuran in an unlabelled container, possession of several gin traps for use against foxes and possession of one buzzard egg.

The Procurator Fiscal accepted a ‘not guilty’ plea to poisoning a crow with carbofuran. The keeper was fined £250.

 

In Scotland, gin traps were only banned for use against foxes in 1974; in England and Wales, they were banned in 1958.

http://www.rspb.org.uk/Images/23-0617-03-04_legal%20eagle40%20v2_tcm9-132963.pdf