Thanks to @EimearRooney1 for the following tweet:
“36th buzzard found dead at Drumbanagher, Co. Armagh, this week. Coincidence? Unlikely. The PM will be interesting“.
Indeed.
Previous post about this area here.
UPDATE: Buzzard testing positive for Alphachloralose.
Last Friday, Tom McKellar, an employee of Auch Estate, an Argyll sporting estate in Bridge of Orchy, was convicted of possessing the illegal poison Carbofuran and was fined £1,200 (see here). This conviction should be a cause for celebration, and in some respects it is, but there is also an overwhelming sense of disappointment and frustration. We had all thought this was a pretty clear-cut case, with lots of investigative resources thrown at it, a strong evidential trail and a known suspect. We were further encouraged by a statement given by the then Scottish Environment Minister, Roseanna Cunningham, who said:
“I am truly appalled that yet another golden eagle has been illegally killed in Scotland – the second this summer. Illegal poisoning is simply inexcusable and while the perpetrators are certainly beneath contempt they are in no way above the law“.
Given the nature of the alleged offences (wildlife & firearms), we were certain that a custodial sentence was inevitable. How stupid were we?
It all started to unravel in December 2010, 18 months after the poisoned eagle was found dead in Glen Orchy. We learned that Tom McKellar had been convicted of possessing two illegal handguns, but instead of receiving the mandatory five-year prison sentence, he was given just 300 hours community service and a commendation from the judge who reportedly told him: “There is no doubt you are an outstanding individual” (see here). There was little mention in the media about the poisoned golden eagle or the stash of illegal poison that had been found at McKellar’s house during the original police search. We were suspicious that the wildlife crimes were being ignored and that COPFS had decided to just take on the firearms offences because, in the eyes of the law, these are greater crimes than the poisoning offences and would normally result in a custodial sentence.
Based on these suspicions, we blogged about the case in January 2011, and suggested that no charges were being brought against anyone for poisoning that eagle. We also encouraged readers to contact the Scottish Government to complain. Many did, and all hell let loose. The Scottish Government responded by saying that the firearms offences were being dealt with separately, at a court with a higher authority than a Sheriff Court, and that the wildlife offences were still ‘being dealt with’. A well-known prosecutor threatened us, indirectly, with legal action. For what? Expressing an opinion? As it turns out, we were right all along, nobody has been prosecuted for poisoning that golden eagle, although we’ve had to wait for over three years to have this confirmed.
It then all went quiet for a while, at least publicly. It’s not known whether COPFS bowed to pressure to take forward the wildlife crime prosecution or whether they had actually been pursuing the charge all along, but that it took over three years for the case to conclude is probably quite telling.  Not that it really matters now anyway; what matters is the outcome.
So, a conviction was eventually secured, although this was just for ‘possession’ of a banned substance; in our opinion this is the least significant charge of any that could have been brought. McKellar admitted during interviews that he had laid out poisoned baits ‘in the past’, and yet he wasn’t charged for that. Were the words ‘in the past’ significant in the decision not to press charges for that offence? What does ‘in the past’ mean, anyway? Two years ago? Two weeks ago? Two days ago? Two hours ago? In addition to the poisoned golden eagle, a Carbofuran-poisoned fox was found and also a dead sheep laced with Carbofuran. Someone was clearly still putting out poisoned baits, but COPFS accepted McKellar’s claim that he wasn’t responsible. It’s unfortunate that these types of offences are only dealt with as summary cases in a Sheriff Court. It would have been interesting to hear what a jury might have thought had the charges been heard in a higher court. Again, we’ll never know and we have to accept that McKellar is guilty of nothing more than possessing the banned poison Carbofuran (oh, and possessing two illegal handguns).
It’s hard not to think that McKellar has come out of all this relatively lightly. It’s also hard to believe that his punishments will act as any sort of deterrent to other would-be criminals. He avoided a mandatory five-year prison term for the firearms offences, and he was fined just a fraction of the amount that he could have been fined for possessing the illegal poison Carbofuran. It appears that he has also kept his job. Auch Estate is currently up for sale (for a mere £8.4 million) and a look at the sales particulars (Auch Estate sales brochure 2012), dated August 2012, indicates that the new owner has to take on the current Estate employees under the TUPE regulations, including Farm Manager Tom McKellar. These sales particulars also show that almost £700,000 was paid in grants and subsidies during 2011; it would be interesting to know whether there will be any forfeiture of these payments following McKellar’s conviction, although based on previous experience, this information is exceptionally difficult to access, even though it’s public money! It would also be interesting to hear whether McKellar’s employer is being investigated, after McKellar reportedly claimed it was his employer who had provided him with the Carbofuran (see here). Wouldn’t it also be interesting to find out whether Auch Estate is a member of Scottish Land & Estates? And whether McKellar, as an employee of a sporting estate, is a member of the Scottish Gamekeepers’ Association? Needless to say, neither of these organisations has made any public statements about McKellar’s conviction last Friday.
Other question marks include a strange bit of (non)-reporting by SASA. The poisoned golden eagle found at Glen Orchy was listed in SASA’s 2009 annual report. However, the dead fox found nearby that was reported to have been poisoned by Carbofuran did not appear in the SASA report. Neither did the dead sheep also found nearby that was reportedly laced with Carbofuran and used as poisoned bait. Why weren’t these two animals included in SASA’s list of confirmed poison cases for 2009? Perhaps SASA didn’t do the toxicology tests. If they didn’t, then who did? If SASA did do the tests, but failed to include the animals in their report, what confidence does this give us when SASA release their annual poisoning statistics? Are other cases missing? We only knew about the fox and the sheep because the RSPB had listed them in their annual report.
A further question mark hangs over a related issue. The media has reported that the poisoned golden eagle found dead in Glen Orchy had been killed with the banned pesticide Carbofuran. However, if you look at the 2009 SASA report, the following chemicals are listed as being detected in this bird’s body: Carbofuran, Methiocarb, Sodium Cyanide and Strychnine. Now, we have it on good authority, although this has not been formally verified, that a second individual was searched during the police raid back in June 2009. This individual, XXXXX XXXXX is believed to be a gamekeeper in Perthshire but is not an employee of Auch Estate; he was just there on the day the police arrived to conduct their search. We understand that the police found Mr XXXXX to be in possession of a bottle of Strychnine and a container of decanted Cyanide. Now look again at the chemicals detected in the body of the dead golden eagle. As far as we are aware, no charges have been brought against Mr XXXXX, not even for possession. If this turns out to be an accurate report, then something has gone seriously wrong with this investigation. A lack of resources can’t be blamed on this one, given the array of organisations involved with the investigation, including multiple police forces with specialist wildlife crime officers as well as the National Wildlife Crime Unit. So what happened? Did Mr XXXXX slip through the net and if so, how? Do you think we’ll hear anything about this or do you think it’ll be quietly pushed under the carpet?
In summary then, yes, a conviction was secured (McKellar) and we should be pleased about that. McKellar’s illegal stash of Carbofuran and his illegal cache of handguns have been taken out of circulation and so we should also be pleased about that, too. But this is not what could be called a successful outcome; far from it. It’s deeply unsatisfactory and shares striking similarities with other recent, high-profile cases which also concluded unsatisfactorily, such as Moy Estate and Skibo Estate. In all three cases, and in countless other lower-profile cases, sporting estate employees have only been charged with the lesser offence of possession. Charges have not been brought against anyone for the illegally-killed raptors found in each location, nor for laying the illegal poisoned baits or for putting out the illegal traps. On a superficial level then, the convictions for possession look good and the authorities can claim they are successfully addressing the issue of wildlife crime. Scratch below the publicity gloss though and you find that very little progress has been made; charges, if they’re brought at all, are not reflecting the full extent of the crimes uncovered, and on conviction the sentences are not reflecting the seriousness of these crimes.
So, three years and three months later, the infamous Glen Orchy case has concluded. Tom McKellar, previously described as a gamekeeper but curiously now described as a farmer, has been fined £1,200 for possessing the banned pesticide, Carbofuran.
The Crown Office press release (here)Â doesn’t mention anything of the poisoned golden eagle that was found in Glen Orchy and prompted the search of McKellar’s house, which led to the discovery of the Carbofuran. Although it does mention how he was previously given a 300-hour community service order for the possession of illegal handguns (instead of the mandatory five-year prison sentence), also found during the search of his house.
Of course, McKellar wasn’t charged with laying poisoned baits (even though he reportedly admitted to doing so during an interview), and nor was he charged with poisoning that golden eagle, because even though he had this rare, banned poison in his house, and lived just down the road from where the dead eagle had been found, and he’d previously admitted to laying out poisoned baits, there apparently wasn’t enough evidence to link him to the poisoned eagle.
But this story doesn’t end there. There are other things that went on (or more to the point, didn’t go on) in this investigation and we’ll be discussing those in due course, including the failure to charge a second person….
Meanwhile, we’ll add this poisoned golden eagle to the growing list of illegally-killed eagles for which nobody has ever been (nor will be) prosecuted. Justice?
RSPB press statement here
UPDATE 11 Sept 2012: Glen Orchy, a hollow victory (here)
Previous blogs on this case here, here, here, here, here,here here, here
The latest list of reported poisoning incidents in Scotland, as published by SASA, reveals that yet another poisoning incident took place earlier this year and it wasn’t publicised.
The report documents the discovery of a raven, a crow, a meat bait and two rabbit baits. The incident is categorised as ‘abuse’ and the chemical involved was the acutely toxic carbamate, Bendiocarb. This discovery was made in May and the location is given as ‘Borders’. The comments section says: “This incident is the subject of an on-going police investigation”.
So where was the publicity? What if the police hadn’t found all of the baits? What if more baits had been laid out? Where was the warning to the general public of the risks involved to them, their children and their pets if they stumbled across this poison? Isn’t there a duty of care for the authorities to warn the public about toxic poisons in their area?
There’s a fascinating document called ‘Communicating with the Public about Health Risks’, produced by Health Protection Scotland in 2008 (see here). This document spells out the importance of effective communication (with the public) about hazards that pose a risk to human health and gives very detailed guidance about how to communicate information about those risks.
There’s another useful document, called ‘Management of Public Health Incidents: Guidance on the Roles and Responsibilities of NHS-led Incident Management Teams’, produced by the Scottish Government in October 2011 (see here). This document details the statutory responsibilities for managing public health incidents and it tells us that poisons are indeed classified as a public health risk under The Public Health (Scotland) Act 2008. So who is failing in their duty to inform the public about these risks?
One of these days, somebody is going to come into contact with one of these poisoned baits and they’re either going to become seriously ill or even die. What would happen if it was revealed that the police already knew about the baits in that area/location, but hadn’t made the discovery public? There would probably be an almighty cry of public and media outrage and heads would roll. And they’d deserve to roll. This recurring situation is a scandal.
When are the interests of the public, and of wildlife, going to be put above the interests of protecting the identity of these sporting estates where illegal poisoned baits have been, and continue to be, routinely found?
Crikey, this is the third ‘good news’ eagle story this month!
The East Scotland Sea Eagle Reintroduction Project reaches a milestone today: the final birds are due to be released from a secret location in Fife, bringing the total number of eagles released over the last six years to 85.
The project has not been without its problems – some of the eagles have been illegally poisoned or shot, while others have ‘disappeared’ in suspicious circumstances. There have also been some outspoken critics of the project (notably some farmers and gamekeepers). However, for most people, the return of these birds after such a long absence has been a welcome sight.
Environment Minister Stewart Stevenson said: “The return of sea eagles to the skies of Scotland’s east coast marks an important step in ensuring we now have a viable population of these magnificent birds. As well as fulfilling a role in our ecosystems, the birds are an important feature for our growing nature-based tourism industry“.
Congratulations to all involved in the project, especially RSPB, SNH and Forestry Commission Scotland.
BBC news article here
We have it on very good authority that another satellite-tagged golden eagle has gone ‘missing’ in the Monadhliaths in the last couple of weeks.
Going ‘missing’ doesn’t equate to ‘being dead’ of course, but it’s really stretching the boundaries of credibility to believe that yet another disappearance is the result of yet another dysfunctional tag, especially when the area of its last known movements just happens to be one of the country’s persecution hotspots.
How many’s that since the sat-tagging began several years ago? We’ve lost count. Just looking at this year’s reports, in addition to this latest eagle, we know about this ‘missing’ satellite-tagged golden eagle (here), this ‘missing’ satellite-tagged golden eagle (here), this dead satellite-tagged golden eagle (here), and this dead satellite-tagged golden eagle found poisoned in Lochaber (here). How many don’t we know about?
North Yorkshire police have taken three months to appeal for information after the discovery of a poisoned red kite on moorland.
The kite was found by a raptor fieldworker on Lofthouse Moor, Nidderdale, in May 2012. Toxicology tests revealed it had been poisoned ‘by a combination of banned pesticides’. The press release doesn’t offer any further detail about which banned pesticides were used, but it also states that rodenticides were discovered during the tests. Confusingly, the police wildlife crime officer focuses on the ‘common problem’ of accidental rodenticide poisoning rather than the other common problem of deliberate poisoning using banned chemicals.
Why has it taken the police three months to make this appeal? Where’s the sense of urgency? Where’s the indication that this crime is being taken seriously? Does anybody know whether Lofthouse Moor is managed for grouse shooting?
North Yorkshire Police press release here
News article on the Grough website here
A man from North Ayrshire has been convicted of causing his dogs unnecessary suffering and possessing a banned pesticide (Cymag) following an SSPCA investigation back in March 2010.
William Ralph Trivett, 40, pled guilty to five charges at Kilmarnock Sheriff Court last Friday (10 August). He was fined £600 and received a three-year ban on keeping any more than twelve dogs.
The SSPCA had removed seven dogs from make-shift kennels at Mid-House Farm, Kilbarchan, Johnstone. The jar of Cymag was found during a further search of Trivett’s home at nearby Milton Quadrant.
Well done to the SSPCA for another successful prosecution. Full story on their website here.
So, SGA Chairman Alex Hogg is “hugely encouraged” by the forthcoming 2012 poisoning statistics, due to be released by the government agency SASA in the next few days (see here for STV news story and here for SGA press release). The figures are expected to show just two confirmed raptor poisonings in the first half of 2012, a considerable drop from the figures of previous years.
Unfortunately, these figues are just a small part of the story, as many regular readers will already be aware. We’ve blogged about this before, back in March when the poisoning figures for 2011 were published (see here for our previous post). As we said then, these figures look promising on a superficial level but do they really reflect the true extent of illegal persecution?
The lower poisoning figures may well be a true indicator that fewer people are still poisoning raptors. That’s what the SGA and friends clearly think and would like the rest of us to think. However, another equally plausible explanation is that the poisoners are just getting better at hiding the evidence. We’ve always known that the published poisoning figures just show a tiny fraction of actual poisoning incidents; these poisonings usually take place in vastly remote areas where few people are around to find the evidence. The poisoned birds that have been discovered have usually been discovered by chance. More recently, they’ve been discovered because more raptors are now fitted with satellite tags so it’s easier to follow their movements and to find the locations where they die.
There is another plausible explanation, too. As we’ve also said before, poisoning is not the only method of illegally killing raptors. Perhaps the lower poisoning figures reflect a substantial shift in the methods used to persecute raptors. Are more raptors being shot at the nest? Are more raptors being shot at roost sites? Are more nests and eggs being destroyed? Are more raptors being caught in traps and being bludgeoned to death? The persecutors know very well that the government doesn’t record these types of incidents; only reported poisoning incidents are published. What better way to make it look like you’ve cleaned up your act than by reducing the poisoning but increasing the other techniques that you know will never be officially reported? (Except by the RSPB who always publish these other persecution incidents in their annual reports, but which are then dismissed as being ‘unofficial’ and ‘exaggerated’ by the game-shooting lobby).
Is it plausible that other persecution methods have now taken precedence over poisoning? Let’s look at the hen harrier situation. The UK’s hen harriers continue to spiral towards oblivion and the main cause has been identified as illegal persecution. Everyone knows it and even the government has acknowledged it. But how many hen harriers do you see listed in the annual poisoning figures? Very few indeed. Mainly because poison is rarely used to kill harriers – they’re not typically a scavenging species that depends on carrion so they’re harder to poison. But just because they don’t feature on the annual list of poisoned raptors doesn’t mean they’re not persecuted! Of course they are; the national hen harrier survey results say it all.
If anyone is still in any doubt about whether the latest poisoning figures are an accurate reflection of the extent of illegal raptor persecution, then consider this. Will the figures for Jan-June 2012Â include this ‘missing’ satellite-tagged golden eagle (here), or this ‘missing’ satellite-tagged golden eagle (here), or this dead golden eagle found with substantial injuries (here), or this dead golden eagle found in what was described as ‘suspicious circumstances’ here? Or just the one confirmed poisoned golden eagle found dead in Lochaber (here)?
Raptor Persecution UK 