Defence solicitor in prosecution against gamekeeper Stuart Hart wants to challenge admissibility of RSPB video evidence

The first hearing in the case against gamekeeper Stuart Hart was heard at Wrexham Magistrates, North Wales last Thursday (28 March 2024).

Hart, 47, faces two charges – Using a trap to kill or take a wild bird (in this case, a Goshawk) and possession of an article capable of being used to commit a summary offence (see here for earlier blog).

Young goshawk in a cage trap. Photo by RSPB (file photo, not linked to this case)

Hart’s defence solicitor, Michael Kenyon, told the court there were procedural errors in the way the case had been brought, and in addition he wanted to challenge the admissibility of the RSPB’s video evidence, so the case was adjourned to be heard by a District Judge. (A District Judge is legally-qualified, usually a former solicitor or barrister, whereas magistrates are non-legally-qualified volunteers who depend on a qualified legal advisor in the court to direct them on the relevant law).

Hart has not yet entered a plea.

Michael Kenyon will be a familiar name to those who follow raptor persecution prosecutions. He represented gamekeeper Timothy Cowin in 2018 who was accused of shooting dead two short-eared owls on Whernside, Cumbria after being caught on camera by RSPB Investigations staff. Kenyon challenged the procedural basis of that case (e.g. see here), resulting in an extraordinary series of hearings at five different courts across NW England (here). Eventually Cowin was convicted (here).

Hart’s case will next be heard on 30 April 2024.

NB: Comments are turned off for legal reasons until criminal proceedings have concluded.

UPDATE 30 April 2024: Case discontinued against Ruabon Moor gamekeeper Stuart Hart (here)

UPDATE 26 November 2024: Ruabon Moor gamekeeper prosecution – why the case was discontinued (here)

Gamekeeper Stuart Hart due in court tomorrow to face charges of alleged wildlife crime

A gamekeeper is due to appear before Wrexham Magistrates tomorrow (Thurs, 28 March 2024) after being charged with alleged wildlife crime offences.

According to court documents, Stuart Hart, 47, faces two charges – Using a trap to kill or take a wild bird (in this case, a Goshawk) and possession of an article capable of being used to commit a summary offence.

Young goshawk in a cage trap. Photo by RSPB (file photo, not linked to this case)

A press release about this case issued by North Wales Police earlier this month (here) was quite vague, with no details about the date of the alleged offences and no detail about the location other than ‘on the outskirts of Wrexham‘.

Hopefully more detail will be available after tomorrow’s hearing. This will be the defendant’s first court appearance and he’s yet to enter a plea.

NB: Comments are closed until criminal proceedings have concluded.

UPDATE 31 March 2024: Defence solicitor in prosecution against gamekeeper Stuart Hart wants to challenge admissibility of RSPB video evidence (here)

UPDATE 30 April 2024: Case discontinued against Ruabon Moor gamekeeper Stuart Hart (here)

Gamekeeper charged with attempting to trap goshawks in North Wales

Press release from North Wales Police (7th March 2024):

Wrexham man charged with wildlife offences

A man has been charged with attempting to take Goshawks in a cage trap on land on the outskirts of Wrexham.

Young goshawk in a cage trap. Photo by RSPB (file photo, not linked to this case)

Birds of prey such as Goshawk are protected under the Wildlife and Countryside Act 1981.

The 47 year old man from the Wrexham area was postal charged with using a trap for the purpose of killing or taking a wild bird and possessing an article capable of being used to kill or take a wild bird.

He is due to appear before Wrexham Magistrates Court on Thursday, March 28th.

North Wales Police rural crime team will pursue anyone targeting wildlife and continue to work with our partners the RSPB and National Wildlife Crime Unit.

ENDS

This press release is quite vague, and I believe deliberately so. Definitely one to watch. Comments are closed until criminal proceedings have concluded.

UPDATE 9th March 2024: This blog article has been picked up by Nation Cymru, the Welsh news service, here.

UPDATE 27th March 2024: Gamekeeper Stuart Hart due in court tomorrow to face charges of alleged wildlife crime (here)

Gamekeeper in Scotland charged with killing goshawk on a Perthshire estate in February

Press release from Police Scotland (4th March 2024):

Photo: Ruth Tingay

47-year-old man arrested and charged following death of goshawk near Blairgowrie

On Thursday, 29 February, wildlife crime officers acting under warrant searched an estate near Blairgowrie with the assistance of our partners the RSPB and the SSPCA.

This resulted in a 47-year-old man being arrested and charged with killing a goshawk, which is a protected bird, contrary to section 1 of the Wildlife and Countryside Act 1981.

A report will be submitted to the Procurator Fiscal.

The incident took place on Monday, 12 February.

Police Scotland Wildlife Crime Coordinator Detective Sergeant David Lynn said:

Police Scotland will pursue anyone deliberately targeting Scotland wildlife. This multi-agency day of action shows our collective commitment to safeguarding Scotland’s wild animals.”

ENDS

This is an efficiently-handled case by Police Scotland and agency partners SSPCA & RSPB. The time from the alleged offence and the subsequent arrest and charge is unusually short. It’s also good to see an early press statement – well done.

NB: As an individual has been charged this case is considered live so comments have been turned off until criminal proceedings end. Thanks for your understanding.

UPDATE 23 July 2025: Trial date for Scottish gamekeeper accused of killing a Goshawk on a Perthshire shooting estate (here)

UPDATE 17 September 2025: Change of trial date for Scottish gamekeeper accused of killing a goshawk on a Perthshire shooting estate (here)

UPDATE 12 November 2025: Trial of Scottish gamekeeper accused of killing Goshawk now delayed until March 2026 (here)

UPDATE 16 March 2026: Trial due to begin tomorrow for Scottish gamekeeper accused of killing a Goshawk on a Perthshire shooting estate (here)

UPDATE 17 March 2026: Scottish gamekeeper Russell Mason pleads guilty to battering a Goshawk to death on shooting estate in Perthshire (here)

UPDATE 18 March 2026: Convicted Scottish gamekeeper Russell Mason – more disturbing details about this case (here)

UPDATE 23 March 2026: Game-shooting industry’s response to the recent conviction of Perthshire gamekeeper Russell Mason (here)

UPDATE 24 April 2026: Scottish gamekeeper Russell Mason receives derisory sentence for brutal killing of Goshawk (here)

Volunteer (qualified) tree climbers wanted – Gloucestershire Raptor Monitoring Group

Gloucestershire Raptor Monitoring Group (GRMG) is seeking volunteer (qualified) tree climbers to assist with fieldwork which will include climbing to raptor nests to collect chicks for bird ringing and the installation/retrieval of nest cameras.

Raptor monitoring by GRMG is undertaken under licence by highly experienced raptor fieldworkers. Bird handling training will be provided by GRMG if required.

Goshawk nest. Photo by Ruth Tingay
Young goshawks returned to the nest after ringing. Photo: M. Henderson

If you’re a qualified tree climber (CS38 or equivalent) and would like to assist GRMG with its conservation fieldwork, please contact GRMG here.

Trial discontinued for man accused of killing goshawk at pheasant-rearing farm in Wales

A trial against a man accused of killing a goshawk at a pheasant-rearing farm in Wales has been discontinued.

Thomas Edward Jones, 38, was due to stand trial at Welshpool Magistrates Court yesterday after he previously pleaded not guilty at an earlier hearing to the shooting and killing of a goshawk at Pentre Farm in northern Powys in July 2022, where tens of thousands of pheasants are reportedly reared for the game shooting industry (see here, here, here for previous blogs on this case).

Goshawk photo by Mike Warburton

The RSPB Investigations Team published a tweet yesterday with the following update:

Disappointingly, the trial today has been discontinued by the CPS [Crown Prosecution Service], following the court’s refusal for an adjournment made by the CPS, who then deemed they were not in a position to continue with proceedings‘.

I don’t have any further detail about why the CPS wanted an adjournment or why the court refused to grant it.

New trial date for man accused of shooting & killing goshawk at pheasant-rearing farm

A new trial date has been set for a man accused of killing a goshawk at a pheasant-rearing farm in Wales.

Thomas Edward Jones, 38, was due to stand trial at Welshpool Magistrates Court on 6 November 2023 after he previously pleaded not guilty to the shooting and killing of a goshawk at Pentre Farm in northern Powys in July 2022, where tens of thousands of pheasants are reportedly reared for the game shooting industry.

Goshawk photo by Mike Warburton

The trial was adjourned and has now been rescheduled for 6 December 2023.

Thanks to the RSPB’s Investigations Team for the information.

PLEASE NOTE: As this is a live court case comments won’t be accepted until criminal proceedings have concluded. Thanks for your understanding.

UPDATE 7 December 2023: Trial discontinued for man accused of killing goshawk at pheasant-rearing farm in Wales (here)

‘No case to answer’ – Hampshire Police close ridiculous ‘Chris Packham sniffed a goshawk’ investigation

Chris Packham has ‘no case to answer’ says Hampshire Police, who have now closed their investigation into alleged goshawk disturbance earlier this summer.

It was a story that the right wing, pro-shooting press seized upon with glee in August – the news that Chris Packham was being investigated by Hampshire Police after a ‘shooting enthusiast’ reported him after watching Chris sniffing some goshawk chicks during a clip filmed for The One Show in June (see here and here).

The lurid headlines were so tediously predictable – ‘Chris Packham faces six months in jail if found guilty’ and ‘Chris Packham investigated for wildlife crime’, in my opinion all written with the express intention to stir up even more anti-Packham rhetoric amongst those too stupid to think for themselves, as evidenced by comments on social media by Packham-haters that “Any bad publicity is good” (see here).

The great irony is that many of those complaining about the alleged ‘disturbance’ to those goshawk chicks belong to an industry that consistently and criminally targets and kills goshawks because they’re seen as a threat to their gamebird stocks. It’s strange, isn’t it, how that same industry remains silent when actual crimes against goshawks are uncovered and publicised or when yet another gamekeeper is convicted for killing birds of prey.

This case has been the latest assault in a long-running, relentless and malicious hate campaign against Chris (e.g. see here, here, here, here, here, here and here), often curated by the hunting/gamebird shooting industry that despises him for his outspoken criticism of their activities and in many cases, their crimes. More fool them though because ordinary, rational members of the general public can see straight through it as evidenced by the support Chris received when he took two libel actions recently (see here), one of which Chris has already won (here) and the other (here) will continue at the High Court on 6th November 2023.

The news that Hampshire Police have closed their investigation has been reported in The Telegraph as follows:

The naturalist Chris Packham did not commit a criminal offence when he sniffed goshawk chicks on television because he was behaving in a “purely instinctive” way, police have concluded.

The BBC Springwatch and Earth presenter was reported to police after he appeared on The One Show inspecting three of the birds of prey in the New Forest this summer.

It was feared that the “sniffing incident” amounted to a “disturbance” of the wild chicks, which are a protected species, because they were out of their nests.

At the time, the environmental campaigner wrote on social media that he was appearing on the show and would “get up close and very personal with some New Forest goshawks”.

Officers from Hampshire Police launched an investigation amid claims the presenter, 62, had breached the Wildlife and Countryside Act 1981 when he was filmed celebrating the return of goshawks to the Hampshire national park.

Mr Packham later told The Telegraph no harm had come to the birds and he was simply smelling them to detect their “characteristic scent or perfume” while they were weighed, sexed and ringed in line with a licence issued by the British Trust for Ornithology.

Under the licence goshawks may be removed from their nests for scientific and conservation purposes, including ringing and recording various biometrics. Ringers are also permitted to photograph the birds as long as it does not disturb or harm them.

Hampshire Police has written to the man who complained – an amateur shooting enthusiast who does not want to be named – to say that no charges will be brought and the case has now been closed.

The email said officers concluded the birds did not suffer any harm during the four-minute and 30-second television clip seen by millions of viewers.

The investigating officer, part of the force’s specialist rural crime unit, said: “The bird in question has not appeared to have been caused any harm and nothing was done with intent to harm any birds or act recklessly.”

He added that Mr Packham’s decision to sniff the birds “were purely instinctive”, adding that “we have received no other complaints about this matter and this will not be in the public interest to take it any further”.

The officer, who said he saw the programme when it was broadcast in June, added that the “evidential threshold test for any prosecution” had not been met.

Mr Packham on Friday welcomed the police decision and accused the fieldsports lobby of targeting him and wasting police time.

“The anonymous idiot who made this ludicrous and vindictive complaint should be sorry that even a nanosecond of police time was wasted,” he told The Telegraph. 

“Once again the fieldsports community has blasted themselves in the foot trying to put my nose out of joint.”

A Hampshire Police spokesman said: “The footage has been viewed and no criminal offence was identified. The investigation has been filed.

“Any issues relating to an alleged breach of licence would be dealt with by the organisation who issued that licence, not the police.”

The BBC has always insisted that protocols were followed during the filming at all times.

After it emerged that Mr Packham had been reported to police over the “sniffing incident” experts warned amateur ornithologists not to sniff wild birds amid fears it could spread avian flu.

ENDS

Van Cutsem’s gamekeeper convicted of having offensive weapon but all charges of alleged wildlife crime ‘withdrawn’

Two gamekeepers who work on William van Cutsem’s Hilborough Estate in Norfolk appeared at Norwich Magistrates Court this morning to face a number of charges of alleged wildlife crime.

Dominic Green, 35, of Cockley Cley Road, Hilborough, Thetford and William Richardson, 22, of Nethergate Street, Hopton, near Diss, had been charged with intentionally taking a Schedule 1 wild bird (a goshawk) at the Hilborough Estate, and the use of pigeons as decoys inside a crow cage trap to take/kill the goshawk. They had also been charged with failing to ensure the welfare of the pigeon decoys.

However, according to a report in the Eastern Daily Press this afternoon (here), all the wildlife crime charges were ‘withdrawn’ against both gamekeepers.

Green pleaded guilty to possession of an offensive weapon (an extendable police-style baton) and his lawyer argued he’d had this in his possession since 2003 when it was lawful to possess it.

Headline from today’s Eastern Daily Press

District Judge David Wilson recognised that Green was “essentially” of good character and imposed a fine of £1,000, with £400 costs and a £400 victim surcharge.

It hasn’t been reported why the wildlife crime charges were ‘withdrawn’.

This case relates to a police investigation that launched in April 2022 after the anti-bloodsports group, the Hunt Investigation Team, recorded covert footage of a masked man removing a goshawk from a trap that appeared to have been baited with a pigeon decoy which was said to have taken place on van Cutsem’s Hilborough Estate in Norfolk. The fate of the goshawk is not known, nor, it seems, the identity of the masked man who removed it from the trap and walked away with it.

Previous blogs on this case:

8th May 2022: Van Cutsem’s Hilborough Estate in Norfolk at centre of police investigation into alleged raptor persecution (here)

10th May 2022: Illegally-set trap found on van Cutsem’s Hilborough Estate in Norfolk (here)

11th May 2022: Police confirm bird of prey was caught in illegally-set trap on van Cutsem’s Hilborough Estate in Norfolk (here)

12th May 2022: Covert footage published showing masked man with trapped goshawk on van Cutsem’s Hilborough Estate (here)

16th May 2022: Mail on Sunday blames ‘vigilantes’ for police investigation into alleged wildlife crime on van Cutsem’s estate (here)

12th August 2022: GWCT disregards police investigation into alleged wildlife crime on van Cutsem’s Norfolk estate (here)

13 October 2023: Two gamekeepers due in court after police investigation on van Cutsems’ Hilborough Estate in Norfolk (here)

Two gamekeepers due in court after police investigation on Van Cutsem’s Hilborough Estate in Norfolk

Two gamekeepers are due to appear at Norwich Magistrates Court next week charged with a number of alleged offences relating to a police investigation that centred on William van Cutsem’s Hilborough Estate in Norfolk last year.

A police search of the estate took place in April 2022 after a group called the Hunt Investigation Team, describing itself as ‘anti bloodsports’, said it had recorded covert video footage of a masked man with a goshawk inside what was considered to be an illegally-set trap on the estate. The masked man removed the goshawk and walked away from the trap. The goshawk’s fate was unknown.

Details of the charges have not yet been publicised and as this will be the first hearing in this case, the two gamekeepers have not yet entered a plea. Hopefully details will become clearer after the first hearing.

PLEASE NOTE: As this is now a live prosecution blog comments will not be accepted until criminal proceedings have concluded. Thanks for your understanding.

Previous blogs on this case can be found here:

8th May 2022: Van Cutsem’s Hilborough Estate in Norfolk at centre of police investigation into alleged raptor persecution (here)

10th May 2022: Illegally-set trap found on van Cutsem’s Hilborough Estate in Norfolk (here)

11th May 2022: Police confirm bird of prey was caught in illegally-set trap on van Cutsem’s Hilborough Estate in Norfolk (here)

12th May 2022: Covert footage published showing masked man with trapped goshawk on van Cutsem’s Hilborough Estate (here)

16th May 2022: Mail on Sunday blames ‘vigilantes’ for police investigation into alleged wildlife crime on van Cutsem’s estate (here)

12th August 2022: GWCT disregards police investigation into alleged wildlife crime on van Cutsem’s Norfolk estate (here)