General Licence restrictions on Raeshaw & Burnfoot Estates last only six days

On 4th November, we blogged about SNH’s intention to restrict the use of General Licences in two areas, in response to alleged raptor persecution incidents. The two areas included parts of the Raeshaw and Corsehope Estates in the Borders (Restriction #1), and parts of the Burnfoot and Wester Cringate Estates in Stirlingshire (Restriction #2) (see here for our earlier blog about these restrictions, and see here for SNH’s explanation for the restrictions).

The General Licence restrictions were due to begin on 13th November 2015 and run for three years. They actually only ran for six days.

SNH GL restriction 1 SUSPENSION - Copy

SNH GL restriction 2 SUSPENSION - Copy

On 19th November 2015, the General Licence restrictions were suspended in both areas until further notice, because the Estates have lodged legal appeals, as they said they would last week (see here). While the appeals are underway, the Estates can continue to use the General Licences (i.e. continue to set crow traps and Larsen traps to catch and kill corvids, continue to shoot corvids, and continue to kill lots of other stuff that falls under the remit of activities permitted under the General Licences – see here for a list).

We don’t know what the basis of the appeals are, and nor do we know the procedural process of the appeals system, but presumably SNH now has a fixed period of time to respond. If SNH decides to uphold the appeals then the General Licence restrictions will be removed. If SNH decides to stick to its original decision and impose the three-year restrictions, then the restrictions would be re-instated. However, then these Estates would be entitled to apply for a judicial review to test whether SNH has acted fairly.

Settle yourselves in for a long legal battle.

Red kite found poisoned in the Highlands

Police are appealing for information following the death of a red kite in the Nairn area. Police statement as follows:

The kite was discovered by a member of the public on farmland in the Glenferness area at the end of October. Police were contacted with immediate action being taken to establish the cause of death. Subsequently, test results returned this week have confirmed the bird had ingested an illegal pesticide.

Commenting on the investigation, Area Commander Chief Inspector Colin Gough said:

“Sadly it has been confirmed the red kite had died as a result of consuming a poisonous substance and an investigation is now taking place into the circumstances. It appears to be an isolated incident involving a single bird of prey. Police Scotland and partners are committed to tackling wildlife crime and will utilise all available resources to bring those responsible to justice.”

“Investigations into wildlife crime can be very complex and challenging, with a major part of our enquiries involving liaising with members of the local community who may hold essential information.

“We would appeal to anyone who has any information to make contact as a matter of urgency via 101 or Crimestoppers on 0800 555 111”

Ian Thomson, Head of Investigations for RSPB Scotland said:

“It is very disappointing to hear of yet another incident of raptor persecution in this area. It is thoroughly depressing that in 21st century Scotland, there are still those who have a Victorian attitude towards birds of prey, as well as a criminal disregard of the law.

“The continued targeting of our raptors is a stain on our country’s reputation and has no place in modern Scotland. I urge anyone who has information about this incident to contact the police as soon as possible.”

END

Well done to Police Scotland for putting out a timely appeal for information.

So, yet another illegally-killed raptor. Yet another poisoning with a banned pesticide. Yet more evidence that current deterrents are not working. Are you paying attention, Environment Minister?

Red kite photo by David Tomlinson

Stody Estate subsidy penalty confirmed

Following on from our blog five days ago about the subsidy penalty imposed against the Stody Estate as a result of their gamekeeper’s criminal poisoning activities (see here), the Rural Payments Agency has now clarified the actual size of the penalty:

RPA Stody Estate subsidy penalty - Copy

There’s something odd about this. Converting the penalty from Euros to Sterling using a currency converter app, the subsidy penalty amounts to £184, 745.08 (although the app used by Mark Avery has calculated the conversion to be £192, 160.63). Whatevs! Whichever calculation is accurate, it’s still a huge penalty and that’s good. And it still represents the highest known subsidy penalty imposed in the UK for cross-compliance breaches related to raptor persecution offences.

However, both of these amounts are considerably less than the amount we had calculated in our earlier blog five days ago.

We had previously calculated the penalty to be £221,946.75, which was 75% of the SPS subsidy that Stody Estate had received in 2014. We got the information about the amount of subsidy the Stody Estate had received in 2014 by doing a search on CAP Payments.

When you compare our first calculation of what the penalty was (£221, 946.75), with the amount the Rural Payments Agency now say the penalty is (£184, 745.08 OR £192, 160.63), it becomes clear that around £37,000 worth of potential subsidy penalty has apparently gone missing.

So either the data on the CAP Payments website are inaccurate, or the Rural Payments Agency has miscalculated and imposed a smaller penalty than they should.

Not sure we have the appetite for going back to the RPA to ask for clarification – it’s too much like hard work for a Friday afternoon. We’re quite content just to know that the penalty has finally been imposed and that the Stody Estate has had to suffer serious financial consequences as a result of the criminal actions of their gamekeeper. Good stuff.

Stody Estate receives £221,000 subsidy penalty for mass raptor poisoning

stody buzzardsRegular blog readers will know that in October 2014, gamekeeper Allen Lambert was convicted of a series of wildlife crime offences on the Stody Estate, Norfolk, including the mass poisoning of birds of prey (10 buzzards and one sparrowhawk) which had been found dead on the estate in April 2013. He was also convicted of storing banned pesticides and other items capable of preparing poisoned baits (a ‘poisoner’s kit’) and a firearms offence (see here and here).

Lambert got off pretty lightly when he was sentenced in November 2014. Even though the judge acknowledged that Lambert’s crimes had passed the custody threshold, Lambert received a 10-week suspended sentence for poisoning 11 raptors (suspended for one year), a six-week suspended sentence for possession of firearms and dead buzzards (suspended for one year) and was ordered to pay £930 prosecution costs and an £80 victim surcharge. In our opinion (see here), this was absurdly lenient for one of England’s biggest known mass raptor poisoning incidents, and on top of that, Lambert wasn’t even sacked – it was reported that he’d been allowed to take early retirement from the Stody Estate.

Regular blog readers will also know that for the last year, we’ve turned our attention to the minted Stody Estate to try and find out whether the Rural Payments Agency had penalised the estate for breaches in cross-compliance and had removed any of their £MILLIONS of agricultural subsidies as punishment. To receive these tax-payer handouts, estates must comply with a number of measures (like don’t poison raptors) and if they don’t comply, then cross-compliance subsidies can be removed.

It’s taken a while to get any useful information about potential subsidy penalties at Stody Estate. Getting the RPA to reveal anything about this case has been like getting blood out of a stone, or the truth out of Allen Lambert. The RPA has wriggled and squirmed and done its best to avoid answering straightforward questions: see here for previous blogs about our correspondence with the RPA. However, we’re pretty much there now, although not quite there.

Our latest FoI received a response this week. We had asked the RPA (again) whether they’d now enforced a cross-compliance penalty on Stody Estate. They answered: “Yes“.

We asked what the penalty was for, exactly. They answered: “The penalty that has been applied was for a breach of farmer requirement A1, of the pre-2015 Statutory Management Requirement 1 (wild birds). The requirement reads: ‘You must not intentionally kill, injure or take any wild bird‘”.

We asked how much was the penalty applied to Stody Estate for this breach. They answered: “The financial amount has yet to be confirmed, however the penalty is 75% of the Single Payment Scheme payments made to the Estate in 2014“.

So, we now know a penalty has been imposed, but, unconvincingly, the RPA still claims it isn’t able to tell us how much that penalty is. Either they’re incompetent or unwilling to embarrass the Estate. Or maybe both.

Anyway, we’ve done a bit of digging. We’ve discovered that the Stody Estate received £295,929.01 from the Single Payment Scheme in 2014:

Stody SPS 2014 - Copy

75% of £295,929.01 is £221,946.75.

That’s a massive subsidy penalty! As far as we’re aware, this is the biggest ever civil penalty imposed for cross-compliance breaches in relation to raptor persecution crimes. Previously, the largest was £107,000 imposed on Glenogil Estate in 2008 following the discovery of 32 poisoned baits suspected of being used to target birds of prey (see here). Earlier this year, we blogged about the £66,000 subsidy penalty imposed on vicarious liability landowner Ninian Johnston Stewart, whose gamekeeper had been convicted of poisoning a buzzard (see here).

There may well have been other cases where a penalty greater than £221,946.75 has been imposed for cross-compliance breaches related to raptor persecution, but we’ve been unable to find any information. We’ve blogged previously (here) about why increased publicity is needed when these penalties are applied – the realistic threat of having thousands of pounds worth of subsidies removed from your business has got to be a far greater deterrent than the pathetically weak sanctions handed down in the criminal courts.

For this reason, over the next few months we intend to re-visit some other recent cases where a successful conviction has been secured for raptor persecution crimes and start asking some questions about whether those estates involved have also received a subsidy penalty (e.g. Kildrummy Estate, Cardross Estate for a start, and there are others).

There has previously been some discussion in the comments section of this blog about whether the new system for the Single Payment Scheme (replaced this year by the Basic Payment Scheme) would still allow for subsidy penalties for cross-compliance breaches relating to raptor persecution. Some readers thought the new system wouldn’t allow for penalties and other readers thought it would. It’s our understanding that the cross compliance rules for BPS in England still contain a Statutory Management Requirement (SMR) for Wild Birds (SMR2) stating that you must protect all wild birds, their eggs and their nests, so technically any recipient of BPS could still be fined for non-compliance with SMR2 if they were liable, vicariously or otherwise, for raptor persecution on their land.

However, the new system seems to be slightly different in Scotland where SMR2 states that you must protect all wild birds, their eggs and nests if you have land classified as a Special Protection Area. That could mean that a Scottish recipient of BPS could only be fined for breaching SMR2 if the breach took place in an SPA. If that interpretation is correct, it would exclude rather a lot of land. We’ll be seeking clarification from the Scottish Government about whether raptor persecution on non-SPA land would be considered a breach of the new SMR2.

A final word – thank you to all the blog readers who have exerted pressure on the RPA over the last year regarding the Stody Estate case; we know that a number of you have been involved. Had it not been for this sustained effort, the Stody Estate may well have escaped a penalty altogether, or perhaps been given a much smaller penalty. Well done!

Photo of some of the poisoned buzzards found at Stody Estate is by Guy Shorrock (RSPB Investigations)

Raeshaw and Burnfoot Estates to appeal General Licence Restriction orders

Raeshaw Corshope GL restriction map 2015Further to last week’s news that SNH has suspended the use of General Licences on four estates for what it said was “clear evidence that wildlife crimes have been committed on these properties”, which includes the discovery of poisoned raptors and illegal traps (see here and here), two of the estates involved are set to appeal.

According to quotes in this week’s Scottish Farmer, defence agent David McKie, representing Raeshaw Estate in the Borders, said: “We are disappointed by this decision and will be vigorously challenging it“.

A spokesman for Burnfoot Estate said: “We absolutely dispute the conclusions reached by SNH and consider the decision to be unfair. We will be appealing the decision“.

Meanwhile, a spokesperson for Scottish Land & Estates is quoted: “Our concerns about the level of evidence and robustness of process, which were raised previously along with other land management organisations, remain. We will be working with key industry stakeholders to learn more about the circumstances surrounding these new restrictions“.

A spokesman for the Scottish Gamekeepers’ Association is quoted: “It is up to the estates involved to take counsel and make a case if they feel there is insufficient evidence for the measure to proceed. When this measure was initially subject to consultation, the SGA opposed it, not in the spirit of what it was trying to do, but rather that it was simply not a good proposal“.

Article in Scottish Farmer here

Wonder if Raeshaw Estate or Burnfoot Estate is a member of the SLE?

Licences to kill buzzards: judicial review decision expected tomorrow

The long-running legal battle about Natural England’s refusal to issue a gamekeeper with licences to kill buzzards and sparrowhawks to ‘protect’ his pheasants is due to reach a climax tomorrow.

Northumberland gamekeeper, Ricky McMorn, backed by financial support from the National Gamekeepers’ Organisation, brought a judicial review to challenge Natural England’s decision. The judicial review took place in the High Court (London) over three days in June 2015 and the decision was deferred. We understand the decision is due to be announced tomorrow.

A quick re-cap:

In 2013, Natural England secretly provided Mr McMorn with a licence to destroy buzzard eggs and nests in order ‘to protect a pheasant shoot’ in Northumberland.

Later in 2013, McMorn submitted four more licence applications to Natural England, this time to shoot 16 buzzards and 3 sparrowhawks. Natural England rejected the application.

In 2014, McMorn submitted another licence application, this time to shoot ten buzzards “to prevent serious damage” to pheasant poults. Natural England rejected the application.

We’ve blogged extensively about this issue (see here for a summary).

It’s worth noting that the judicial review concerns whether Natural England acted fairly when rejecting McMorn’s licence applications. McMorn has argued that Natural England has unlawfully acted inconsistently in the way it has dealt with the licensing of buzzards as compared with other species of bird and that Natural England has been unlawfully influenced by public opinion. He has also argued that it was unreasonable for Natural England Directors repeatedly to reverse the recommendations of Natural England’s specialist scientific advisers that a licence should be granted.

The review is NOT about whether DEFRA/Natural England should entertain a licence application from a gamekeeper with a previous conviction for possession of banned poisons (apparently that’s not a problem, according to DEFRA/Natural England), nor whether the National Gamekeepers’ Organisation should expel a member with a conviction for possession of a banned poison (apparently not, according to the NGO), and nor whether there’s any scientific evidence to demonstrate that buzzards (and sparrowhawks) have a substantially detrimental effect on game bird shoots (there isn’t any evidence).

Tomorrow’s long-awaited decision will no doubt be interesting, whichever way it goes.

SNH reveals reasons for general licence restrictions on Raeshaw & Burnfoot Estates

Raeshaw Corshope GL restriction map 2015Last week we blogged about the implementation of General Licence restrictions on parts of four properties: Burnfoot Estate & Wester Cringate Estate in Stirlingshire, and Raeshaw Estate & Corsehope Estate in the Borders (see here).

At the time, SNH did not reveal the reasons for the General Licence restrictions, other than to say “There is clear evidence that wildlife crimes have been committed on these properties” [since 1st January 2014, when the new regulations were enacted].

We speculated that the General Licence restrictions at Burnfoot and Wester Cringate in Stirlingshire were related to the poisoning of a red kite (July 2014), a poisoned peregrine (Feb 2015), and the illegal trapping of a red kite (May 2015).

We had no idea why the General Licence restrictions had been implemented at Raeshaw and Corsehope in the Borders, because there hadn’t been any publicity about any recent raptor persecution crimes in this area.

However, last Saturday (7th November 2015), a bit more information was revealed during an interview with SNH Wildlife Operations Manager, Robbie Kernahan, on the BBC Radio Scotland Out of Doors programme.

Amongst other things, the presenter asked Mr Kernahan directly about the reasons for General Licence restrictions on these four properties. Here’s what Mr Kernahan said:

Stirlingshire GL restrictions:Relates to some issues associated with poisoning birds of prey, birds of prey being found poisoned in that location, and illegal use of traps“.

Borders GL restrictions:There are issues about the illegal placement of traps“.

No further explicit detail was provided, although there was a general wider discussion about the use of General Licence Restrictions and their deterrent value in tackling raptor persecution.

The interview can be heard here for the next 26 days (starts at 02:15; ends at 09:06).

Peregrine poisoned in Shropshire blackspot: police appeal 5 months later

Peregrine male poisoned at Cleehill 2015 Shorrock2 - CopyWest Mercia Police have issued an appeal for information following the discovery of a poisoned peregrine.

The male bird was found dead in a quarry at Clee Hill, Shropshire. This is a well-known persecution blackspot, with two peregrines poisoned there in 2010 and another one poisoned in 2011.

The latest victim was discovered on 15th June 2015. It’s not clear why it has taken five months for the police to issue an appeal for information. This is a recurring and yet avoidable problem, e.g. see here and here for two other recent examples of long delays before the police ask for help with investigations into raptor persecution crimes. It’s just not good enough.

The RSPB and the Shropshire Peregrine Group have offered a £1,000 reward for information leading to a conviction.

Police press release as follows:

West Mercia Police are appealing to the public for information after it was confirmed that a peregrine falcon found dead in a quarry in Clee Hill, Shropshire had been poisoned.

There have been previous problems in this area with two peregrines poisoned in 2010 and another in 2011. Over the last few years the Shropshire Peregrine Group (SPG) has been organising volunteers to keep an eye on the location. On the 15 June this year a volunteer reported a dead adult male peregrine at the base of the breeding cliff. The body was recovered by the RSPB and passed to Natural England in order that toxicology tests could be arranged. These have since confirmed the bird was poisoned by diazinon, the same product as in previous incidents.

Peregrines are fully protected under the Wildlife and Countryside Act 1981 and anyone convicted of killing these birds could receive up to six months in prison and/or a fine.

The RSPB and the SPG have offered a reward of £1000 for information leading to the conviction of anyone involved in this incident.

John Turner of the SPG said: “This is yet another tragic incident at this site. The female parent also disappeared and we are concerned she may have also been poisoned. The situation was made even worse as the two chicks in the nest also died with the loss of the parents.”

Wildlife Crime Officer for West Mercia Police, Constable Julian Ward said: “There have been previous incidents in this area and the illegal use of poison poses a risk to wildlife and to people. We believe somebody in the local community will have information about who is involved and we would urge them to contact police.”

Information can be reported to West Mercia Police on 101 quoting reference 649S of the 15/06/2015. You can also give information anonymously to Crimestoppers UK or 0800 555 111

END

Photos of the poisoned peregrine by RSPB (G Shorrock)

Peregrine male poisoned at Cleehill 2015 Shorrock1 - Copy

 

General licences suspended on four Scottish grouse moors in response to raptor persecution crimes

Yesterday, SNH published the following press release:

General licences restricted in wildlife crime hotspots

Scottish Natural Heritage (SNH) has restricted the use of general licences on four properties in two wildlife crime hotspots – one in Stirlingshire and one in the Borders – this week. The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.

Nick Halfhide, SNH Director of Operations, said:

“There is clear evidence that wildlife crimes have been committed on these properties. Because of this, and the risk of more wildlife crimes taking place, we have suspended the general licences on these four properties for three years. They may though still apply for individual licences, but these will be closely monitored.

“This measure should help to protect wild birds in the area, while still allowing necessary land management activities to take place, albeit under tighter supervision. We consider that this is a proportionate response to protect wild birds in the area and prevent further wildlife crime.”

General licences allow landowners or land managers to carry out actions which would otherwise be illegal, including controlling common species of wild birds to protect crops or livestock.

The new measure complements other recent actions to reduce wildlife crime, including vicarious liability for offences against wild birds, which was introduced in 2011.

Restrictions will prevent people from using the general licences on the land in question for three years. This period will increase if more evidence of offences comes to light.

END

As promised in earlier correspondence with SNH about potential General Licence restrictions (e.g. see here), SNH has published ‘details’ of the current restrictions on its website. Although when we say ‘details’ we use the term loosely. The names of the estates have not been published (but see below) and the specific reasons (crimes) that triggered the restriction orders are also absent.

Instead, SNH has published two maps showing the areas where the three-year restriction orders will be in place.

Restriction order #1 can be viewed here: GL restriction order 1_ Nov 2015-2018

The map denoting the area relating to Restriction order #1 is here:

Raeshaw Corshope GL restriction map 2015

Having consulted Andy Wightman’s brilliant website Who Owns Scotland to check estate boundaries, we now know that the delineated area shown in Restriction order #1 includes parts of Raeshaw Estate and the neighbouring Corsehope Estate.

This is fascinating. Raeshaw Estate is well known to us and continues to be of interest. It is a mixed upland estate combining driven grouse shooting as well as pheasant and partridge shooting. We have documentary evidence that Mark Osborne’s company is involved in the estate management (more on that in the near future). Raeshaw Estate has been raided by the police at least twice (2004 and 2009 – poisoned and shot raptors and poisoned baits – see here) although nobody has ever been prosecuted for these crimes. However, the General Licence Restriction can only be applied for crimes that have been uncovered since 1st January 2014; it cannot be applied retrospectively for offences that took place prior to 1st January 2014. This means that further raptor crimes have been uncovered here but there has not been any publicity about them. Why not? There was news of a shot buzzard found in the nearby area on 24th July 2015 (see here), but this bird was found AFTER SNH had notified the estate of the intention to restrict the General Licence (see here) so this incident cannot be the one that triggered the General Licence Restriction.

Corsehope Estate has not been on our radar, although we’re told by local sources that gamekeepers from Raeshaw Estate are involved with ‘vermin control’ here so now we’re very interested.

Restriction order #2 can be viewed here: GL retriction order 2_ Nov 2015-2018

The map denoting the area relating to Restriction order #2 is here:

Burnfoot Wester Cringate GL restriction map 2015

Again, consulting Andy Wightman’s excellent website Who Owns Scotland to check estate boundaries, we now know that the delineated area shown in Restriction order #2 includes parts of Burnfoot Estate and Wester Cringate Estate.

This is also interesting. We believe (although it must be stressed that this is educated speculation as SNH has not published the information) that this restriction order probably relates to a series of raptor persecution crimes including a poisoned red kite (July 2014), a poisoned peregrine (February 2015) and an illegally trapped red kite (May 2015) – see here.

So, what do these General Licence Restriction orders mean? Basically, it means that the following activities, usually permitted under General Licences 1, 2 and 3, are now not permitted in the areas shown on the two maps for three years, starting 13th November 2015 and ending 12th November 2018:

The killing or taking of the following species:

Great black-backed gull, carrion crow, hooded crow, jackdaw, jay, rook, ruddy duck, magpie, Canada goose, collared dove, feral pigeon, wood pigeon, lesser black-back gull, and herring gull.

The use of the following methods to kill/take these species are not permitted:

Pricking of eggs, oiling of eggs, destruction of eggs and nests, use of Larsen trap, use of Larsen Mate trap, use of Larsen Pod trap, use of multi-catch crow cage trap, shooting with any firearm, targeted falconry, and by hand.

That sounds great, doesn’t it? But it’s not quite as clear cut as that. As we’ve discussed before, and as is stated in the SNH press release at the top of this blog, although these activities can no longer be carried out in the two denoted areas under the cover of the three General Licences, individuals may still apply for an individual licence to permit these activities, although SNH claims that if granted, these will be “closely monitored”.

What does ‘closely monitored’ actually mean? Closely monitored by whom? Daily inspections by SNH? Police Scotland? That’s hardly going to happen, is it?

Let’s hope that members of the general public, exercising their right to visit these areas under open access legislation, pay close attention to what’s going on around them. If they see a Larsen trap in use, or a crow cage trap in use, or witness any of the above bird species being killed/taken by any of the methods mentioned above, they inform the Police straight away. Actually, let’s hope they forget the police and inform RSPB Scotland and/or the SSPCA instead – they’re more likely to get a quick response from them.

It’ll be interesting to see how this all pans out. On the one hand, we welcome these Restriction orders and applaud the Scottish Government (especially former Environment Minister Paul Wheelhouse for initiating them), SNH and Police Scotland for pursuing what we hope will be the first of many such Restriction orders. But on the other hand, will these restrictions be anything more than a minor inconvenience to the estates involved because they can simply apply for individual licences to continue their game-shooting activities? We’ll have to wait and see.

RSPB Scotland’s response to the two General Licence Restriction orders here

As yet no response from Scottish Land & Estates or the Scottish Gamekeepers’ Association but we’ll post them here if/when they comment.

UPDATE 11.50hrs: The SGA has issued the following statement on their website:

On November 4th 2015, SNH announced general licence restrictions to two areas encompassing four properties.
The SGA has issued the following statement in response to questions.

A Spokesman for The Scottish Gamekeepers Association said: “The SGA cannot condone wildlife crime and has a clear and consistent policy regarding this.
“As regards this case, it is our understanding that legal discussions are taking place regarding the areas affected and, therefore, it is not appropriate for us to comment further.”
END
UPDATE 13.20hrs: Statement from Environment Minister Dr Aileen McLeod:

“The announcement by SNH that the use of general licences has been restricted on specified areas of land in the Borders and in Stirlingshire is a result of work that the Scottish Government commissioned in July 2013 as part of a package of measures to combat wildlife crime.

We welcome the progress that has been made with this work. However we have not been involved in the decision-making and do not have any comment on the individual cases in question. The General Licence system is a light touch form of regulation. It is clearly sensible to apply closer scrutiny to areas where there is good evidence that wildlife crime has taken place, and we believe that this will prove a useful tool in the fight against bird of prey persecution.”

Ross-shire Massacre: local MSP tries again for review of police investigation

In November 2014, Dave Thompson, the local MSP for Skye, Lochaber and Badenoch, wrote to the then Cabinet Secretary for Justice, Kenny MacAskill, to ask for a review of how Police Scotland had handled the investigation into the deaths of 22 raptors that had been found poisoned near Conon Bridge (the Ross-shire Massacre). The Police had been severely criticised for their handling of this case, not just for the investigation itself but also for what many of us believed to be an appalling media strategy. We blogged about it here.

Here is a copy of Dave Thompson’s letter to the Cabinet Secretary:

Dave Thompson MSP letter to Justice Sec

We didn’t hear anything further so an FoI was recently submitted to the Justice Department to find out what had happened.

It turns out that in December 2014 Mr MacAskill’s successor, Michael Matheson, had responded to Dave Thompson’s request by stating that he couldn’t comment about a live, on-going police investigation but suggested that Mr Thompson should raise any concerns with the Chief Constable. Here is a copy of Mr Matheson’s letter:

Justice Minister letter

Almost a year on from his first request, and with no sign that the Police investigation has made any progress in the 18 months since the dead birds were discovered (see here), Dave Thompson has now written to the Chief Constable of Police Scotland to urge him to issue an interim report on the first stages of the Police investigation of this case. His second request for a review was no doubt influenced by the recent release of an excellent short documentary video (see here) about the mass poisoning.

Dave Thompson MSP said: “I appreciate the need to await the full review into the investigation, especially as the case is live, and as such, we must be sensitive to the investigative process.

However, I feel enough time has elapsed that the general public are owed an explanation of where the case is at, which is why I have requested an interim review to be issued by Police Scotland, so we can see how the process has been handled in the early stages.

I have written to the Chief Constable and copied in the Chief Superintendent, Julian Innes, and the Cabinet Secretary for Justice, Michael Matheson, on the matter.

I look forward to hearing back from the Chief Constable as soon as is practically possible on what is an issue that still remains a concern to many of my constituents and beyond“.

Here is the transcript of his latest letter:

Dear Chief Constable,

Given the length of time that has passed and the failure to date to bring a culprit to justice, I am writing to ask if Police Scotland could issue an interim report on the first stages of the investigation, perhaps the first six months, into the raptor deaths around Conon Bridge. 

As you know there is considerable public anger at the incident and I believe this would go some way to helping people understand how seriously the Police are taking the investigation and the constraints you may have been under in the early stages.

Yours sincerely

Dave Thompson SNP MSP

END