Glen Orchy poisoner has “brilliant” character references, says Sheriff

More and more news reports are emerging following the conviction yesterday of Tom McKellar of Auch Estate for possession of Carbofuran.

Some of these reports have mentioned the poisoned golden eagle that led to the discovery of the illegal stash of banned poison at McKellar’s house, and some of them haven’t. One recent report, published today in the Daily Record (here) does mention the golden eagle. It also includes a comment from McKellar’s defence lawyer, David McKie (sound familiar??) who is reported to have said that McKellar was pleading guilty to possessing the poison but not to killing an eagle.

It is looking more and more likely that McKellar was not charged with poisoning this eagle, which perhaps explains why the COPFS press release yesterday (here) didn’t even hint at the presence of a Carbofuran-poisoned eagle found in the locality. Does anyone else find this omission strange, especially when the press release contained quotes said to be from specialist wildlife crime prosecutor, Kate Fleming:

The possession of Carbofuran is illegal. It’s use as a poison can lead to the indiscriminate poisoning of wildlife…”

Er, poisoned golden eagle found nearby, poisoned by Carbofuran. Illegal stash of Carbofuran found at McKellar’s place, some of it reportedly found inside a gamebag in his home porch (RSPB news here), and an admission (according to the BBC – here) that he’d laid out poisoned baits. No connection and not worth commenting on then, Kate? We’ll be writing more on the role of COPFS in this case a bit later on.

Also included in the Daily Record article was the following sentence:

‘Mr McKie handed a sheaf of glowing testimonials on his client’s character to Sheriff Douglas Small, who conceded they were “brilliant”‘.

However, he also said the offence [of possession] was “a serious matter” and he had to consider all options before sentencing.

Big, big day in court (part 5): Glen Orchy golden eagle

Here we go….

Tom McKellar, previously reported as being a gamekeeper (see link below for his earlier conviction for possession of illegal guns) but currently reported as being a farmer, has today pleaded guilty at Oban Sheriff Court to being in possession of the illegal pesticide Carbofuran.

This poison stash was discovered during a multi-agency raid on McKellar’s house in June 2009, where investigators found three separate containers of Carbofuran as well as traces of it in a syringe.

McKellar reportedly admitted during a police interview that he had, “in the past”, placed the poison out on laced meat to kill foxes.

Sentencing was deferred until 29 May 2012 for background reports.

McKellar had previously been charged for the illegal possession of two handguns, kept in his attic, that came to the attention of the police during the raid. On conviction, instead of receiving the mandatory five year jail sentence, he was given just 300 hours of community service (see here).

What has not been mentioned in the press (so far), is that McKellar’s house was raided after the discovery of a poisoned golden eagle, reportedly found with the body of a fox and a sheep carcass at Glen Orchy in June 2009 (see here and here). Toxicology tests reportedly detected Carbofuran on all three animals, although interestingly, only the golden eagle results appear in the official SASA results table; the sheep and the fox results are only mentioned in the RSPB’s 2009 report.

Does today’s reporting mean that McKellar, or anyone else, has not been charged with poisoning the golden eagle?

Rest assured, this is not the last we will be writing about this case…

COPFS press release here

STV article here

Poisoned golden eagle at Glen Orchy – two years on…

Two years ago today, this dead golden eagle was discovered by hill walkers in Glen Orchy, Argyll. Government tests later showed it had been poisoned by the illegal pesticide Carbofuran. This poisoning incident made the national press (e.g. here).

Several days later, a multi-agency search was conducted in and around Glen Orchy. The police-led operation included the Oban Community Policing Team, specialist wildlife crime officers from three police forces (Strathclyde, Lothian & Borders and Central), experts from the National Wildlife Crime Unit, pesticide experts from the Scottish Government and representatives from the RSPB and Scottish SPCA. The police said afterwards that they were following a positive line of inquiry.

Meanwhile, during the police search two handguns were found in gamekeeper Tom McKellar’s loft. Eighteen months later in December 2010, McKellar was convicted at the High Court in Glasgow for having prohibited weapons. However, he avoided the usual mandatory five year custodial sentence and instead received 300 hours community service. Story here

So what happened to that ‘positive line of inquiry’ in the eagle poisoning investigation? Good question.

eagle killers getting away with it

The aim of this blog is to monitor the occurrence of illegal raptor persecution incidents across Scotland, and to report on the outcome of each case. As you will already know from reading the blog entries, persecution incidents have been occurring for many years and involve most of our raptor species, including golden eagles, white-tailed eagles, red kites, hen harriers, buzzards, goshawks, sparrowhawks, ospreys, kestrels and owls. Let’s see what progress, if any, has been made by our law enforcement bodies,  starting with our most iconic species, the golden eagle and white-tailed eagle.

When the news hits that another eagle has been illegally poisoned or shot, there is, quite rightly, public outrage. Each event is usually followed by a statement from those responsible for upholding the law that they are determined to stamp out these crimes and bring the guilty party to justice. Let’s see how well they’ve been doing. The following is a review of cases involving 13 dead eagles since 2006:

MAY 2006: A dead adult golden eagle is found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. A post-mortem reveals it has been poisoned by the illegal pesticide, Carbofuran. Grampian Police launch an investigation. As of September 2010, nearly 4.5 years later, no arrests have been made.

 

 JUNE 2006: A dead golden eagle is found on Glen Feshie Estate in the Cairngorms. A post-mortem reveals it has been poisoned by the illegal pesticide, Carbofuran. Northern Constabulary launch an investigation. As of September 2010, nearly 4.5 years later, no arrests have been made.

 

 

 

AUGUST 2007: A dead adult female golden eagle is found on a Peebleshire estate. A post-mortem reveals she has been poisoned by the illegal pesticide, Carbofuran. This female was part of the only breeding pair of golden eagles remaining in the Scottish Borders. She had a young dependent chick still in the nest. Lothian & Borders Police launch an investigation. As of September 2010, over 3 years later, no arrests have been made. 

 

 

AUTUMN 2007: Tayside Police receive a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) has allegedly been shot on an estate in Angus. The tip-off included the name of the alleged shooter and that the body had been burned to hide the evidence. ‘Bird N’ was part of the cohort of reintroduced sea eagles that were donated by Norway and released in Scotland in August 2007. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. As of September 2010, 3 years later, no arrests have been made.

MAY 2008: A one year old male white-tailed eagle who hatched on Mull in 2007 and was known as ‘White G’ is found dead on the Glenquoich Estate, Angus. A post-mortem reveals he has been poisoned by an unusual concoction of pesticides that includes Carbofuran, Bendiocarb and Isofenphos. A police search in the area also reveals a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fenceposts on the neighbouring Glenogil Estate. Laboratory tests reveal the baited mountain hare and the 32 poisoned venison baits contain the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. As of September 2010, nearly 2.5 years later, no arrests have been made.

JUNE 2009: An adult golden eagle is found dead at Glen Orchy, Argyll. A post-mortem reveals it has been poisoned by the illegal pesticide, Carbofuran. Strathclyde Police launch an investigation and state they are “following a positive line of inquiry“. As of September 2010, 15 months later, the outcome of this “positive line of inquiry” has not been made public.

 

JULY 2009: A two year old female golden eagle, known as ‘Alma’, is found dead on the Millden Estate, Angus. A post-mortem reveals she has been poisoned by the illegal pesticide, Carbofuran. Alma is a well-known eagle  – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements were followed by thousands on the internet. Tayside Police launch an investigation. As of September 2010, over a year later, no arrests have been made.

AUGUST 2009: A young white-tailed eagle is found dead on Glenogil Estate, Angus. A post-mortem reveals it has been poisoned by the illegal pesticide, Carbofuran. Reports circulate that this bird actually died in March 2009, but RSPB fieldworkers could not locate the transmitter signal. The decomposed body was eventually found in August 2009, after an expert fieldworker was brought in. Tayside Police did not release a press statement about this alleged persecution incident until January 2010, 6 months after the dead body was discovered, and probably 9 months after it was killed. As of September 2010, over a year later, no arrests have been made.

MAY 2010: Three dead golden eagles are found on Skibo Estate, Sutherland. They are found with a dead buzzard and a dead sparrowhawk. All are suspected victims of illegal poisoning and the bodies are sent for forensic post-mortem in Edinburgh. Northern Constabulary launch an investigation. As of September 2010, 4 months later, the post-mortem results have not been made publicly available. The result of the police investigation has also not been made publicly available. UPDATE Nov 2010: SASA report indicates the golden eagles were poisoned.

JUNE 2010: Two dead eagles are discovered on a grouse moor nr Inverness. The golden eagle and the white-tailed eagle were collected by the RSPB and sent to the SASA lab for inspection. They are later confirmed to have been poisoned by Carbofuran. Northern Constabulary does not make any public appeal for information – nor does the RSPB. You have to ask why not?

Golden eagle poisoned in Glen Orchy, Argyll

This adult golden eagle was found poisoned in Glen Orchy in June 2009. An estate worker is due in court in the near future.

An adult golden eagle was found dead in a remote area of Glen Orchy, Argyll, on 7 June 2009. A post mortem revealed the eagle had been poisoned. The police say they are following a positive line of enquiry.

Further info: http://www.independent.co.uk/news/uk/crime/dead-golden-eagle-had-been-poisoned-1709512.html