Tag: Millden Estate

Millden Estate says it will appeal General Licence restriction imposed after evidence of raptor persecution

Earlier this week, NatureScot announced it had imposed a three-year General Licence restriction on Millden Estate in the Angus Glens, after three shot buzzards were found in bags outside gamekeepers’ cottages on the estate in 2019 (see here and here).

In an article subsequently published by The Courier this week (here), an unnamed spokesperson for Millden Estate said they would appeal the decision.

Quotes from Millden Estate cited in The Courier article include:

“The estate does not condone or tolerate any illegal activity relating to the welfare of animals or wildlife“,

and

“We are extremely disappointed by this decision and intend to appeal“

and

“The estate does not condone or tolerate any illegal activity relating to the welfare of animals or wildlife and it has robust and comprehensive systems in place to ensure compliance with the law.

“We were shocked at the time to learn of all allegations of wildlife crime against an employee of the estate. He was subject to an extensive investigation by the police and the crown and dealt with.

“The employee involved was suspended by the estate with immediate effect and resigned a few days later when the police investigation was still at an early stage.

“At no stage was the estate itself the focus of the investigation. We consider that the estate is being unfairly penalised for events not within its control and for which it bore no responsibility.”

The last three sentences from the estate are mostly what I would describe as being a red herring because they relate to the conviction of Millden Estate gamekeeper Rhys Davies for badger-baiting and other sadistic animal welfare offences, which took place at locations away from Millden Estate (although he kept his mutilated and scarred fighting dogs kennelled at Millden; injuries that the Crown Office described as ‘obvious injuries’ but which apparently went unnoticed by Davies’ gamekeeper colleagues and bosses for months).

Two of gamekeeper Rhys Davies’ obviously mutilated dogs, tethered to what appears to be a work vehicle. Photo: SSPCA

Oh, and the estate WAS the focus of the investigation into gamekeeper Rhys Davies as the search warrant included a provision to search various sites on Millden Estate looking for evidence of badger sett disturbance (I’m not aware that any was found there). And Davies’ tied cottage and associated outbuildings on the estate were also searched, under warrant, where a number of serious firearms offences were uncovered, specifically, an unsecured Benelli shotgun was found propped up against a wall near the front door; two unsecured rifles were also found: a Tikka .243 rifle on the sofa and a CZ rifle in the hall cupboard next to the open gun cabinet;  and an assortment of unsecured ammunition was found including 23 bullets in a pot on the floor, five in a carrier bag behind the front door and one on top of a bed, according to a statement by the Crown Office.

So why do I think the latest remarks from Millden Estate to the journalist from The Courier are a red herring? Well, simply because the General Licence restriction hasn’t been imposed on Millden Estate for Davies’ depraved offences – it has absolutely nothing to do with him or his crimes. The General Licence restriction has been imposed after the discovery of three shot buzzards shoved inside bags outside two gamekeepers’ houses (found during the SSPCA/Police raid at Millden when they were investigating Davies) as well as ‘incidents relating to trapping offences’, for which Davies, nor anybody else, has been prosecuted.

Tellingly, the Millden Estate spokesperson fails to mention any of this detail, but instead focuses on how Davies has been ‘dealt with’ [convicted] and is no longer employed at Millden. Irrelevant, mate.

Of course, Millden Estate is entitled to appeal NatureScot’s decision to impose a General Licence restriction, as laid out in the framework for restrictions on NatureScot’s website (here). Although to be honest it’s all a bit absurd as the estate has already had one opportunity to appeal, when NatureScot first notified Millden of its intention to restrict the General Licence. Now it gets another bite of the cherry.

But so be it. Other estates with a restriction have also previously appealed, and all have failed. For example, Raeshaw Estate lost a judicial review in 2017 here; Leadhills Estate lost an appeal in 2019 here (and this is really worth reading- it’s hilariously inept); and Leadhills Estate lost another appeal in 2021 after a second GL restriction was imposed here; Lochan Estate in Strathbraan lost its appeal in 2022 here; Invercauld Estate lost its appeal in 2022 here; and Moy Estate also lost its appeal in 2022 here).

Millden Estate must lodge its appeal in writing within 14 days of receiving its General Licence restriction notice from NatureScot. That will trigger a suspension of the restriction notice (ridiculous, I know!) until such time as NatureScot has undertaken the appeal process, which it tries to complete within four weeks.

Millden is yet another grouse-shooting estate to be sanctioned after police find evidence of raptor persecution

Further to this morning’s news that Millden Estate in the Angus Glens has been slapped with a three-year General Licence restriction after evidence was found of raptor persecution crimes (see here), it’s worth examining the background to this case.

Millden is one of a number of grouse-shooting estates situated in the Angus Glens that has featured many, many times on this blog (see here for all Millden posts).

Location of Millden Estate in the Angus Glens. Estate boundaries sourced from Andy Wightman’s Who Owns Scotland website

Millden Estate first came to my attention in July 2009 when a young satellite-tagged golden eagle called Alma was found dead on the moor – she’d ingested the deadly poison Carbofuran (here). It wasn’t clear where she’d been poisoned and the estate denied responsibility.

Then in 2012 there was the case of another satellite-tagged golden eagle, believed to have been caught in a spring trap on Millden Estate before moving, mysteriously, several km north during the night-time only to be found dead in a layby with two broken legs a few days later (here and here). The estate denied responsibility and the Scottish Gamekeepers Association conducted an ‘analysis’ (cough) and deduced it was all just a terrible accident (here).

There have been other incidents – former Tayside Police Wildlife Crime Officer Alan Stewart describes ‘a horrendous catalogue of criminality’ recorded on Millden Estate during his time (see here). However, despite this history, nobody has ever been prosecuted for raptor persecution crimes on Millden Estate.

Today’s announcement from NatureScot that a General Licence restriction has been imposed on Millden Estate is the first sanction I’m aware of at this location. It has been imposed after three shot buzzards were found in bags outside two gamekeeper’s cottages during an SSPCA-led investigation into badger-baiting and other animal-fighting offences in 2019.

That investigation led to the successful conviction in May 2022 of depraved Millden Estate gamekeeper Rhys Davies for his involvement in some sickening animal cruelty crimes (see here). Despite his conviction, Millden Estate denied all knowledge of this employee’s criminal activities (here).

There hasn’t been a prosecution for the shooting (or possession) of those three shot buzzards, nor for the six other shot raptors found in a bag just a short distance from the Millden Estate boundary (here), and nor will there be, according to a statement provided to me by the Crown Office (here).

With this long history of un-attributable wildlife crime on and close to Millden Estate, the imposition of a General Licence restriction is welcome news, although in real terms it’s nothing more than a minor inconvenience to the estate. It doesn’t stop their legal killing of so-called pest species (e.g. crows) because all they have to do is apply for an Individual licence, which NatureScot will have to grant (although it can revoke an Individual licence if more evidence of crime emerges – as happened on Raeshaw Estate in 2017 – see here), and nor does it stop the legal killing of red grouse, pheasants or red-legged partridge by paying guests.

This photograph appeared on social media in 2017 titled ‘Team Millden’ and shows a bunch of blokes dressed in Millden tweed grinning inside the estate’s larder after a day’s grouse shooting.

I’ve written about the monumental ineffectiveness of General Licence restrictions many times (e.g. see here, here, here, here, here) and my view hasn’t changed. The only weight that a General Licence restriction carries is a reputational hit for the estate on which it is imposed, which was the Environment Minister’s aim when GL restrictions were first mooted (here).

This is useful from a campaigner’s perspective because it allows us to demonstrate that raptor persecution continues on Scottish grouse moors, despite the absurd denials of senior industry representatives (e.g. see here).

But it doesn’t stop the estate’s business activities. You might think that others in the industry, or even elected politicians, would shun a restricted estate but that simply doesn’t happen (e.g. see here and here).

And nor is it an effective deterrent – Leadhills Estate, a grouse moor in South Lanarkshire, was slapped with a second General Licence restriction after ‘clear evidence’ of wildlife crime was uncovered whilst the estate was still serving its first restriction notice (see here)!

Given the current number of grouse-shooting estates serving General Licence restrictions after ‘clear evidence’ of wildlife crime was provided by Police Scotland: Leadhills Estate (here), Lochan Estate (here), Leadhills Estate [again] (here), Invercauld Estate (here), Moy Estate (here) and now Millden Estate (here), it’s clear that the Scottish Government’s proposed grouse-shoot licensing scheme can’t come soon enough.

There are strong rumours that the Wildlife Management (Grouse) Bill will be presented to the Scottish Parliament before Easter and many of us are eagerly awaiting its publication to see the details of what is proposed and, importantly, how it will be enforced.

One thing’s for sure, it will need to be a lot more robust than the General Licence restriction and any sanctions, which should hopefully include terminating an estate’s ability to continue gamebird shooting during a determined-sanction period, will need to be deployed a lot quicker than the time it takes for a General Licence restriction to be imposed (it’s taken four years for the GL restriction to be placed on Millden Estate).

UPDATE 10th March 2023: Millden Estate says it will appeal General Licence restriction imposed after evidence of raptor persecution (here)

General Licence restriction imposed on Millden, a grouse-shooting estate in the Angus Glens, after evidence of raptor persecution

Press release from NatureScot (8th March 2023):

GENERAL LICENCE RESTRICTED ON ANGUS ESTATE

NATURESCOT HAS RESTRICTED THE USE OF GENERAL LICENCES ON MILLDEN ESTATE, IN THE ANGUS GLENS, FOR THREE YEARS

The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.

This evidence included three shot buzzards found on the estate in 2019, and incidents relating to trapping offences.

Donald Fraser, NatureScot’s Head of Wildlife Management, said: “The discovery of three shot buzzards on Millden estate, two of which were found within a bag at an estate house, as well as trapping offences and ongoing concerns relating to general licence compliance, have resulted in the suspension of the use of general licences on this property for three years until March 2026.

“NatureScot is committed to using all the tools we have available to tackle wildlife crime. This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place.

“We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime. We will continue to work closely with Police Scotland and consider information they provide on cases which may warrant restricting general licences.

“The estate may still apply for individual licences; however, these will be subject to enhanced record-keeping and reporting requirements and will be closely monitored to ensure adherence with licence conditions.”

General licences allow landowners or land managers to carry out control of common species of wild birds, such as crows and magpies, to protect crops or livestock, without the need to apply for an individual licence.

In addition to this restriction, there are currently four other restrictions in place in Scotland: on Moy Estate in Highland, Invercauld Estate in the Cairngorms National Park, Lochan Estate in Perthshire and Leadhills Estate in South Lanarkshire.

ENDS

I’ll be writing more about this later today….

UPDATE 16.20hrs: Millden is yet another grouse-shooting estate to be sanctioned after police find evidence of raptor persecution (here).

UPDATE 10th March 2023: Millden Estate says it will appeal General Licence restriction imposed after evidence of raptor persecution (here)

Convicted Millden Estate gamekeeper Rhys Davies had ‘formed a close bond’ with another animal-fighting sadist

An article in today’s Daily Record reports that Rhys Davies, the Millden Estate gamekeeper jailed earlier this year for his involvement in depraved badger-baiting crimes (see here), had ‘formed a close bond’ with another animal-fighting sadist, Anthony Holloway.

[Convicted Millden Estate gamekeeper Rhys Davies]

According to today’s article, Holloway, 30, who is described as ‘a big player in the pit bull fighting scene‘ and, according to the Scottish SPCA’s Special Investigations Unit (here), ‘a significant member of organised dog fighting and badger baiting in Scotland and throughout the UK‘, sent disturbing videos to Rhys Davies, and others, depicting animal mutilation and footage of his dogs pulling badgers from their setts before being killed. The pair were also exchanging information regarding dog breeds and talking about what dogs are best for killing what animals, be it badger or fox. 

Whilst Davies received an eight-month custodial sentence, Holloway and another accomplice escaped jail, as I blogged previously (see here).

Today’s Daily Record article can be read here, but beware, it contains graphic video footage.

The gruesome offences of these men only came to the attention of the authorities after criminal mastermind Davies sent ‘trophy’ photographs of mutilated dogs and wildlife to an online ‘photobook’ shop and the shop assistant alerted the Scottish SPCA. It’s that ‘trophy’ fetish again that I was discussing just a few days ago (here).

The Scottish SPCA’s Special Investigations Unit deserves full credit for getting these monsters into court. And although the sentences handed down were pathetic, tougher penalties are now in place in Scotland for animal cruelty and wildlife crime.  New legislation enacted in December 2020 (the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020), increased the maximum penalty for the most serious animal welfare and wildlife crimes (including badger baiting) to five years imprisonment and unlimited fines. Unfortunately, Holloway & Davies’ crimes were uncovered prior to the new legislation being enacted so it couldn’t be applied retrospectively.

Hopefully we’ll soon be hearing about the Scottish Government’s ‘Independent Taskforce review’ into whether the SSPCA should be given increased powers to tackle other wildlife crimes, including raptor persecution. The Taskforce is due to report by the end of 2022 and the Scottish Government has made clear that the findings will be considered as part of the draft Wildlife Management (Grouse) Bill.

I’d argue that if the SSPCA can deal with the prosecution and conviction of organised crime gangs involved with badger-baiting and dog-fighting, then they’re certainly well-equipped to deal with the raptor killers.

Nine raptors found shot & dumped in bags outside gamekeeper’s houses on Millden Estate and at the nearby River Esk in the Angus Glens

News has emerged that a total of nine birds of prey (eight buzzards and a sparrowhawk) have been found shot dead and dumped in bags in the Angus Glens.

We already knew about three of those shot buzzards (see here and here). They were found in bags outside two gamekeeper’s residences during a joint Scottish SPCA/Police Scotland raid on Millden Estate in October 2019 as part of an investigation into the criminal activities of depraved gamekeeper Rhys Owen Davies, who was convicted in May this year for vile animal abuse and received a custodial sentence in August 2022 (here).

Nobody was charged for the killing or possession of those three shot buzzards (although Police Scotland had identified a suspect, the Crown Office chose not to pursue a prosecution – see here) and the news about those three shot buzzards only emerged this year after I’d spent two and a half years asking Police Scotland for details. For unknown reasons, Police Scotland chose not to issue a public appeal for information about those three illegally-killed raptors.

I can now reveal that those three shot buzzards weren’t the only ones found dead in the Angus Glens that Police Scotland was keeping out of the news.

[An illegally shot buzzard. Not one of the ones found on Millden Estate]

Rumours have been circulating for a while that even more dead raptors had been found in connection to the raid on Millden Estate so last month I submitted another FoI to Police Scotland to request confirmation and this is the response I’ve just received:

So that’s a total of nine shot raptors, all found in bags. Note Police Scotland’s careful wording that the third bag containing six shot raptors was found at ‘a second location‘. I understand that this bag wasn’t found on Millden Estate but was discovered nearby on the bank of the River Esk, beyond the estate’s boundary.

This is a shocking story for a number of reasons.

Firstly, the number of dead raptors found shot and dumped in bags in this area of the Angus Glens, but secondly the decision of Police Scotland to keep quiet about them all for almost three years.

Whose interests are served by such silence? Not the public’s interest, that’s for sure, but the interests of the grouse-shooting industry, whose representatives are busily claiming that, “In Scotland, recorded [raptor persecution] crimes have effectively ceased on grouse moors” (Tim Baynes of Scottish Land & Estates writing in the August 2022 edition of The Field – I’ll publish his outrageous opinion piece shortly).

It’s just not good enough from Police Scotland. And this isn’t an isolated case either. More on another case shortly….

3 shot buzzards found on Millden Estate – confirmation from Police Scotland

Police Scotland has finally confirmed that three dead buzzards found in bags on Millden Estate had been shot with a shotgun.

The corpses were discovered during the joint SSPCA/Police Scotland raid on Millden Estate in October 2019 in relation to wildlife crimes committed by depraved gamekeeper Rhys Owen Davies, who was recently sentenced to jail for his role in a hideous gang of animal abusers (see here).

However, the discovery of the dead buzzards was not made public and I spent two and a half years trying to get an update from Police Scotland about the status of the investigation. At the end of the 2.5 years, I was told that I’d have to speak to the Crown Office, which I did in July 2022, and the Crown Office confirmed there were no prosecutions on the table for these crimes, and it also carefully avoided providing any specific details about the dead raptors (see here).

[An illegally shot buzzard. Not one of the ones found on Millden Estate]

Thanks to a blog reader, an FoI request was submitted to Police Scotland in July 2022 to ask for details of the shot buzzards. Here is Police Scotland’s response:

The fact there won’t be a prosecution for these three shot buzzards won’t be a surprise to anybody who has followed these sort of wildlife crime investigations for any length of time. The police can’t prove who shot the buzzards and dumped them in bags – I wonder whether any forensic work was undertaken?

Nevertheless, I hope that now we have police confirmation that the buzzards had been shot, paperwork will have been passed by the police to NatureScot to allow NatureScot to consider imposing a General Licence restriction on this Angus Glens estate – long overdue in my opinion, especially when you know what else has been uncovered on Millden Estate over many, many years.

Millden Estate’s sporting agent signatory to ‘best practice’ scheme!

Millden Estate, the (now former) employer of depraved gamekeeper Rhys Owen Davies, sentenced to jail earlier this month for his crimes including animal cruelty and some pretty serious firearms offences (see here), is managed for gamebird shooting by a sporting agency called BH Sporting Ltd, which is owned solely by Nicholas Baikie.

Shooting estates under the management of Mr Baikie are the subject of many discussions amongst raptor workers and his name often comes up: “Oh, it’s a Baikie estate” is heard with almost as much frequency as, “Oh, it’s an Osborne estate”. I might come back to this in a future blog.

Anyway, these two individuals are associated with the management of many, many shooting estates across Scotland and England since their time at the notorious Leadhills Estate in the early 2000s. Between 2003-2006 Osborne was listed as a Director of Leadhills Sporting Ltd, a company who held the sporting rights at Leadhills. Baikie is reported to have been one of his gamekeepers before apparently training as a land agent under Osborne (according to this court document) and then setting up his own consultancy on grouse moor management, including taking on Millden Estate in the Angus Glens, which has been on Baikie’s books now for many years.

For someone in such high demand in the grouse-shooting world, Baikie keeps a relatively low online profile. Although here’s a photo from the Perthshire Picture Agency, taken in the Angus Glens in 2014. Baikie (on the left) is wearing the Millden Estate tweed and is standing next to a Millden Estate gamekeeper, also in estate tweed and the estate’s uniform of lilac shirt and orange tie.

Now, according to the website of British Game Assurance (formerly the British Game Alliance but rebranded in the last year), BH Sporting is one of a number of sporting agents that have:

‘COMMITTED TO A GOAL OF OFFERING SPORTING DAYS EXCLUSIVELY ON SHOOTS AND ESTATES THAT ARE MEMBERS OF THE BRITISH GAME ASSURANCE FROM THE START OF THE 2023 SEASON. THIS WILL ENSURE THAT THE PROMOTED VENUES ARE ALL PARTICIPATING IN THE INDEPENDENTLY AUDITED ASSURANCE SCHEME, DEMONSTRATING THAT THE SHOOTING SECTOR IS ADHERING TO BEST PRACTICE AT ALL TIMES‘.

Shurely shome mishtake?

How can BH Sporting (or its sole director, Nick Baikie), be certain that any estate on which it offers shooting ‘is adhering to best practice at all times’?

This is the sporting agency that failed to notice the ‘obvious injuries‘ (quote from the Crown Office) to five of gamekeeper Davies’ dogs. Here’s a photo of two of those mutilated dogs, tied to what looks like an estate vehicle. Pretty hard to miss, I’d say:

This is also the sporting agency that failed to notice the very serious and reckless firearms offences committed by Davies at his tied cottage on Millden Estate.

This is also the sporting agency that failed to notice the three bags of dead raptors reportedly found on Millden Estate during a joint SSPCA/Police Scotland raid in October 2019 and apparently containing at least three shot buzzards.

This is also the sporting agency that failed to notice the ‘horrendous catalogue‘ of wildlife crimes uncovered over many years on Millden Estate (for which Millden Estate has repeatedly denied responsibility and for which nobody has ever been prosecuted).

Funny, all these things this sporting agency failed to notice and yet Nick Baikie was reportedly invited to show around Professor Werritty and co during the Govt-commissioned Werritty Review into grouse moor management, where Millden Estate was held as an example of ‘best practice’. Whose idea was that??!

And now we’re supposed to accept that as from the 2023 shooting season, BH Sporting will only offer shooting on estates that have demonstrated ‘best practice’? What due diligence has the British Game Alliance done on this?

Is Millden Estate registered as a British Game Assurance member? We don’t know, because the names of all the BGA-endorsed shoots were removed from the BGA website several years ago, resulting in criticism of the BGA for its lack of transparency and accuracy (here), two fairly important commodities when you’re asking the public to trust your brand, I’d have thought. But maybe that’s just me.

I’m sure it won’t be the last criticism of the BGA. In fact I know it won’t be the last, because there’s another sporting agent listed on the BGA website whose presence undermines the entire credibility of the BGA and what it claims to represent. More soon.

Millden Estate – plausible deniability or wilful blindness to gamekeeper Rhys Owen Davies’ crimes?

Further to the conviction and jailing of Millden Estate gamekeeper Rhys Owen Davies earlier this month for his crimes involving animal cruelty and firearms offences (see here), there’s been quite a lot of commentary about the role of the estate.

In the media coverage I’ve read on this case, an unidentified spokesman for Millden Estate has commented as follows:

“The estate does not condone or tolerate any illegal activity relating to the welfare of animals or wildlife.

We were shocked to learn of all the allegations when they came to light.

The employee involved was suspended by the estate with immediate effect and resigned a few days later when the police investigation was still at an early stage. At no stage was the estate itself the focus of the investigation. These offences did not take place on the estate but happened at locations some distance away and unconnected to the estate“.

I want to examine the plausibility of the estate’s denial.

First of all, of course the estate is going to state that it ‘doesn’t condone or tolerate any illegal activity relating to the welfare of animals or wildlife‘. It’s hardly going to say, ‘Oh yes, officer, we encourage all our employees to break the law and inflict sadistic cruelty on wildlife‘, is it?! And I would imagine, given the potential for a vicarious liability prosecution for raptor persecution these days, an estate of this size and prominence will have all its paperwork in order (e.g. statements in its employees’ contracts, evidence of on-going training etc) that it could produce to defend itself if an employee was caught committing wildlife crime.

This sort of paper trail is now commonplace on Scotland’s large shooting estates and has been encouraged by various shooting organisations who have provided advice (e.g. BASC here, Scottish Land & Estates here) and in some cases training (e.g. GWCT here). Ironically the document produced by SLE on vicarious liability acknowledges the help of someone believed to be linked to the sporting management of Millden Estate!

Whilst arse-covering paper audits might convince the authorities, what actual effect does it have on the activities of an estate’s employees?

Very little, judging by the criminality undertaken by gamekeeper Rhys Owen Davies, working on a estate that has a ‘horrendous catalogue‘ of wildlife crimes according to Alan Stewart, a former Police Wildlife Crime Officer who’s patch included the Angus Glens.

But the spokesperson from Millden Estate said: “We were shocked to learn of all the allegations when they came to light”.

How plausible is that? How plausible is it that Rhys Owen Davies’ injured and scarred dogs, kennelled next to his cottage on the estate, weren’t seen by any of the estate’s other employees, including the multiple gamekeepers he worked alongside, for the 18 month period when he was using the dogs to inflict sadistic cruelty on foxes and badgers?

In my opinion, that’s pretty implausible. Have a look at this photograph of two of Davies’ mutilated dogs. It was published in the Daily Record and appears to show the dogs tethered to a vehicle that it would be reasonable to assume is a work vehicle:

In court, Davies’ defence barrister told the Sheriff that the dogs’ injuries were as a result of lawful ratting and foxing, which are part of a gamekeeper’s regular duties. It seems implausible to me that his work colleagues didn’t notice these injuries or that the extent of the injuries didn’t raise any suspicion as to their cause. They’d also know, I’d argue, that Davies wasn’t seeking professional veterinary advice on the treatment of those injuries.

Gamekeeping duties often involve the use of the keepers’ own dogs (e.g. see photo below) and the multiple gamekeepers employed on Millden Estate would have had ample opportunity to see Davies’ dogs at work and to ask him about what the Crown Office described as ‘obvious injuries’. Any concerns could have been raised with the Head Gamekeeper and /or the sporting agent / estate Factor.

The estate’s statement also included the line:

“At no stage was the estate itself the focus of the investigation. These offences did not take place on the estate but happened at locations some distance away and unconnected to the estate“.

The estate WAS the focus of the investigation as the search warrant included a provision to search various sites on Millden Estate looking for evidence of badger sett disturbance. And Davies’ tied cottage and associated outbuildings on the estate were also searched, under warrant, where a number of serious firearms offences were uncovered, specifically, an unsecured Benelli shotgun was found propped up against a wall near the front door; two unsecured rifles were also found: a Tikka .243 rifle on the sofa and a CZ rifle in the hall cupboard next to the open gun cabinet;  and an assortment of unsecured ammunition was found including 23 bullets in a pot on the floor, five in a carrier bag behind the front door and one on top of a bed, according to a statement by the Crown Office.

As Davies was employed as an under-keeper, I’d argue that Millden Estate should bear significant responsibility for these serious breaches on the estate of shotgun & firearms legislation. Where was the supervision from Davies’ immediate supervisor, the Head Keeper? Davies’ estate cottage was unlocked and unattended when the SSPCA and Police Scotland arrived to execute the search warrant. Imagine who else could have walked in, found those firearms, shotgun and ammunition. If, as we’re led to believe by the shooting industry’s propaganda machine, that most if not all illegal behaviour on sporting estates is perpetrated by ‘unknown criminals’ totally unconnected to the estate, you’d think that the security of firearms, shotguns and ammunition would be of uppermost importance, wouldn’t you?

You can draw your own conclusions, of course, but it’s my opinion that Millden Estate’s efforts to distance itself from having any knowledge of Davies’ crimes are predictable but implausible. Especially after I’ve recently learned that there was another investigation into alleged badger baiting on this estate about 13 years ago; an investigation that didn’t go anywhere because apparently the procurator fiscal at that time refused to advance the case.

As for the bags of dead raptors found during the search in October 2019 at three different locations on the estate, and reportedly containing at least three shot buzzards, we now know that the Crown Office is not pursuing a prosecution (although the detailed rationale for this decision has not been divulged, see here) which means that Millden Estate will avoid a prosecution for alleged vicarious liability. I wait with interest to see whether NatureScot imposes a General Licence restriction in relation to the discovery of these dead raptors.

Expert witness for the prosecution of gamekeeper Rhys Davies brands Millden Estate a “wildlife sink”

An expert witness whose evidence was used in the successful prosecution of gamekeeper Rhys Owen Davies has branded Millden Estate a “wildlife sink“, according to an article in The Daily Record.

Mammal ecologist Andy Riches provided an expert report for the Scottish SPCA based on a number of surveys and visits to Millden Estate.

His report summary reads as follows:

‘The ecology of this area of land has been driven out of balance by its management. The direct effects of this have been outlined above but there is an indirect effect as well. By reducing the numbers of ‘prey’ species the management greatly increases the risk to the game birds from ‘predatory’ species. In the absence of adequate natural prey game birds are the principal available source of food. Because much of the neighbouring land (including the Cairngorms National Park) is wildlife rich this estate acts as a ‘wildlife sink’. Population pressure and natural inquisitiveness encourages wildlife to try to explore this area. Those that make it in will rarely leave alive. Land mammals are mostly either successfully excluded by fencing or killed by trapping or shooting. Birds are the only group that can regularly successfully cross the fencing. They find an area with extremely limited prey apart from the game birds.
I can best describe this estate as a zoo with three compounds. Each one is excellently managed for the species it was intended to contain but to the total exclusion of everything else‘.

This summary will come as no surprise to anyone who has read the report I co-authored with Andy Wightman for the REVIVE coalition in 2018 about the increased intensity of grouse moor management in Scotland, a report in which Millden Estate featured. This increase in management intensity has occurred in the last decade or so because the so-called ‘success’ of a grouse moor (and its economic value) is measured by the number of red grouse shot each season (known as the ‘bag size’).

This photograph was posted on social media in October 2017 and was labelled ‘Team Millden’. It shows Millden Estate gamekeepers, including someone bearing a strong resemblance to Rhys Owen Davies, posing with a lot of dead red grouse that presumably had been shot on the estate.

But as regular blog readers will know, in order to produce artificially-high densities of red grouse for shooting, other species on the moor are ruthlessly and systematically killed. Much of this killing is lawful.

The intensity of moorland management at Millden Estate was further exposed in another report by REVIVE, this one commissioned by the League Against Cruel Sports and published in 2020.

‘Hanged By the Feet Until Dead‘ was a report analysing the extent of lawful traps and snares that had been recorded during a field survey of a number of Scottish moorland estates between June 2018 and September 2019, including Millden Estate.

The findings on Millden Estate were damning.

This image shows the extent of the legal traps and snares across the estate and the table below documents the data produced from the field surveys:

There’s a good quote at the end of the ‘wildlife sink’ article in the Daily Record, provided by Robbie Marsland, Director of the League Against Cruel Sports (Scotland) and a partner in the REVIVE coalition:

“The case of [Millden Estate gamekeeper] Rhys Davies is utterly appalling but if any positives can be drawn from it, it’s the scrutiny this estate and others will now be under, making the Scottish Government’s proposed licensing of grouse moors even more timely and necessary.”

There’s also a quote from an unnamed spokesman for Millden Estate:

“The estate does not condone or tolerate any illegal activity relating to the welfare of animals or wildlife. We were shocked to learn of all the allegations when they came to light“.

I’ll be blogging about this statement shortly.

Two others involved in animal fighting ring with Millden gamekeeper Rhys Owen Davies escaped jail

Further to the news that Rhys Owen Davies, 28, a gamekeeper employed by Millden Estate in the Angus Glens, has been jailed for sadistic animal cruelty crimes (see here and here), there has been quite a lot of comment about the perceived leniency of his sentence and questions about whether his dog-fighting associates are being prosecuted.

Although an eight-month custodial sentence, plus an £1800 fine for firearms offences and a 15-year ban on keeping or owning dogs does seem quite lenient given the depravity and cruelty of his crimes, Rhys Owen Davies has actually received the most severe punishment, so far, of those involved.

Two of his associates have already been convicted and sentenced:

Antony Holloway, 28, was given a 270-hour community payback order at Dumbarton Sheriff Court in June 2021 and banned from owning dogs for just four years – despite ­prosecutors and the Scottish SPCA seeking a lifetime ban. There’s an article about his conviction here (and no, I don’t know why his identify has been hidden).

Another criminal associate, Liam Taylor, was sentenced in November 2021 for his role in this particular gang with a pathetic 12-month supervision order and 240 hours of unpaid work. He was banned from keeping dogs for ten years.

Prosecutors are apparently considering cases against others identified in the appalling photographs found on Davies’ phone.

It seems that Davies received a custodial sentence principally because he was employed as a gamekeeper and Sheriff Reekie noted this as an “aggravating factor” because Davies would have known that what he was doing was illegal. Crown prosecutor Karon Rollo had made a point of emphasising this when Davies’ barrister tried to suggest that Davies was simply ‘naïve’.

So on balance, a custodial sentence in this case is a significant result, and full credit to the Scottish SPCA and Crown Office for securing it, although for many of us eight months is simply not enough.

The good news is that tougher penalties are now in place in Scotland for animal cruelty and wildlife crime. New legislation enacted in December 2020 (the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020), increased the maximum penalty for the most serious animal welfare and wildlife crimes (including badger baiting) to five years imprisonment and unlimited fines.