Skibo Estate results

Dean Barr, a gamekeeper (and reported elsewhere as being the sporting manager) on the Skibo Castle Estate, has been convicted of having enough illegal poison “to wipe out the entire Scottish golden eagle and red kite populations several times over”. Barr, 44, of East Lodge, Clashmore, Dornoch, admitted possessing 10kg of the banned pesticide Carbofuran. He admitted carrying the poison from his previous job as head gamekeeper on the Raeshaw Estate to Skibo Castle Estate in 2008, because he had ‘not known how to safely dispose of it’.

The Carbofuran haul was discovered in a locked store on the Skibo Castle Estate, for which Barr had the keys. According to the Northern Times and Northern Constabulary, the poison was discovered within premises operated and solely accessed by Barr on Skibo Estate land.

Today he was fined £3,300 “to mark the court’s disapproval”. This was apparently reduced from a £5,000 fine for his early plea.

Despite this conviction, the Crown accepted he had ‘no part’ in the deaths of two poisoned golden eagles and a sparrowhawk (killed with Carbofuran) found on the estate in May 2010 (along with a dead buzzard and a third poisoned golden eagle killed by Aldicarb).

Barr’s defence lawyer said Barr was well regarded personally and professionally by his current and previous employers. “If it was thought that he was involved in the use of this material, they would not be so supportive”.

This is not the last we will write on this case.

The Scotsman news story

BBC news story

STV news story

Vicarious liability for raptor poisoning featured on forthcoming tv programme

The issue of vicarious liability for raptor poisoning incidents will feature in a forthcoming episode of ‘Landward’. It includes an interview with SGA chairman Alex Hogg, who will probably discuss his on-going (but so far thwarted) campaign to legalise raptor killing.

The 30 minute programme airs on Friday 27 May 2011 at 7 pm on BBC 2 Scotland. Also available on Channel 990 for Sky viewers, and BBC iPlayer shortly after transmission.

Landowner Liability: In Scotland, poisoning raptors is a criminal offence punishable with a fine and a jail sentence, yet the slaughter continues. Arguments over birds of prey have raged for decades, but are now coming to a head with the inclusion of vicarious liability for landowners in the Wildlife and Natural Environment (Scotland) Bill, recently introduced by the Scottish Parliament. This means that landowners will be held legally responsible for birds poisoned on their land. Dougie Vipond investigates how this new clause will affect land management in Scotland“.

http://www.bbc.co.uk/programmes/b011lg7s

Review of ‘Fair Game?’ documentary – our “ugly secret”

The BBC 2 Scotland documentary, ‘Fair Game? Scotland’s Sporting Estates’ was aired last night and opened with the BBC reporter visiting the Leadhills Estate with an undercover investigator from OneKind. This investigator was the guy who watched gamekeeper Lewis Whitham staking out a rabbit laced with Carbofuran in April 2009, leading to a conviction in 2010 (see blog post 17 Nov 2010). The BBC reporter, David Miller, was shown what was alleged to be an illegal ‘snapper trap’, and in forestry a few feet away he was shown the rotting carcasses of foxes and other animals, piled up at a ‘stink pit’ – used as a lure to draw in predators who are then snared as they approach the area. Also in the forest, he was shown the decomposing bodies of two raptors that someone had apparently tried to conceal under pine needles. Miller was visibly disturbed by what he’d witnessed in one small corner of one sporting estate, calling it ‘our ugly secret’ – not quite the public ‘conservation’ image that the shooting industry likes its estates to portray. The OneKind investigator has written an excellent account of his time out on the hill with Miller: http://www.onekind.org/resources/blog_article/fair_game

The discovery of the dead raptors and the apparently illegal snapper trap led to a later police search, in which a third raptor corpse was discovered, in addition to more raptor skulls. The trap was removed, and Leadhills Sporting Ltd denied all responsibility for the dead birds. Fountains Forestry, the owners of the private forest on the shooting estate, also denied any knowledge of the bodies and said the snares found were illegal as they had not given permission for anyone to set snares on that ground. Later in the programme, we learned about the weight of evidence of alleged criminal activity on Leadhills Estate. Since 2003, the RSPB has recorded 46 incidents where the government, police and/or other agencies have confirmed that poisoned baits have been set or birds have been illegally killed, just on Leadhills Estate. We were told that the current management at Leadhills Estate took over in 2008 and they say they ‘deplore wildlife crime’. However, the RSPB has since recorded 10 incidents since 2008, although none since 2009 – following the conviction of gamekeeper Lewis Whitham.

There followed a series of interviews with various people, including Dave Dick, the former head of RSPB Scotland Investigations (and a regular contributor to this site – thank you Dave), who talked about the hundreds of raptor persecution incidents he had seen first-hand over the last 20-30 years. We also heard from Mark Oddy from Buccleuch Estates who spoke briefly about the old glory days of grouse-killing at Langholm, and then we went to the RSPB’s Abernethy Reserve where Duncan Orr-Ewing showed Miller that it is possible for grouse-shooting and raptors to co-exist. Orr-Ewing also discussed the RSPB’s persecution figures and how these clearly show the effect of persecution on some raptor species. Government scientists have predicted that there should be 500 pairs of hen harriers on the UK’s grouse moors – there are actually only five. You don’t need to be Carol Vorderman to work out the missing numbers.

Next up was gamekeeper Peter Fraser from Invercauld Estate, who is also the SGA’s new vice chairman (see blog post 26 Nov 2010). There followed a fascinating conversation between Miller and Fraser, when Miller pointed out that 3 poisoned buzzards [and a poisoned raven] had been discovered on Invercauld Estate in 2003 [our sources suggest it was 2005] for which no-one was ever prosecuted:

Fraser: “All keepers know and understand that if they do that [poison a raptor] and they’re caught, you automatically lose your job”. NOT TRUE, Mr Fraser, as anyone who has read the contents of this blog site can attest.

Miller: “There are scientists who argue clearly that birds of prey in Scotland are being killed, shot, poisoned on our hills. Does that happen on this estate or neighbouring estates?”

Fraser: “Well, as I’ve said on this estate, if anyone does that we’re finished, and I can honestly say no. Never”.

Miller: “So, how do you explain the dead birds which routinely turn up in the Scottish countryside?”

Fraser: “I wish I could answer you that. Erm, in every walk of life there are some that lets the profession down and unfortunately we’re no different to everybody else. And it has been known that these birds have been planted on various areas so it’s a ticklish subject to deal with and to be quite honest, but er, I would like to think that poisoning has been greatly reduced over the years”. NOT TRUE, Mr Fraser – read the government statistics!

Miller: “Just to be clear, when poisoned or shot birds of prey are found on a gamekeeper’s land, clearly the stakes are very very high. Are you suggesting that those birds may have been deliberately placed there by a third party?”

Fraser: “Well, I haven’t got that evidence on me but erm I’m quite sure that has happened, quite sure that has happened”.

So there you have it. Peter Fraser, vice chairman of the SGA, admits that he has no evidence to support the claim that poisoned raptors have been ‘planted’ on sporting estates. It’s a shame Miller didn’t mention the poisoned buzzard found here in 1992, nor the 1997 conviction of an Invercauld Estate gamekeeper for the illegal use of a spring trap (see blog post 4 March 2010). Also a great pity that Fraser wasn’t asked how many breeding pairs of golden eagles and hen harriers are present on Invercauld Estate.

We then heard from Mike Yardley, a journalist and shooter, who stood smugly bragging about the ’20 safaris’ and other trips he has taken in Africa, North America and throughout Europe to shoot animals – and we were even treated to viewing some of his home videos of these trips. He probably met every expectation that the general public has of a typical shooter. It was hilarious. Not all shooters are of his ilk, of course, but the programme failed to get this across.

We heard from Robbie Kernahan from SNH who admitted that the evidence of illegal raptor persecution ‘should not be ignored’. We also heard from the laird at Alvie Estate, Jamie Williamson, who didn’t really discuss the issue of raptor persecution at all, and then we heard from an apparently very cagey Simon Lester, head gamekeeper at Langholm Estate who was obviously trying to pick his words carefully and not put his foot in it. Unfortunately he didn’t have anything substantial to offer in the comments that he did make. There was also an interlude at Mar Lodge Estate, although this was mainly about deer management and not really raptor persecution.

Miller went on to provide some interesting details about the performance of the procurator fiscals at the Crown Office. The BBC had asked them about the number of gamekeepers they had taken to court. Amazingly, they said they had only started recording their performance on wildlife crime early last year! Why? Since then, they’ve had one successful prosecution – Lewis Whitham from Leadhills Estate. There is ‘a handful’ of cases in the system – presumably these include the current cases concerning Skibo Castle Estate, Moy Estate and Inverinate Estate. We await these results with great interest to assess whether the extent of the charges brought are an accurate reflection of the evidence uncovered.

The finale came with an interview with Doug McAdam, CEO of SRPBA. Another apparently cagey performance that included what some might perceive as a blatant lie. Miller asked McAdam whether he thought the game industry was being unfairly targeted:

McAdam: “I think that there is a feeling out there amongst landowners and estates that there are people who would seek at every opportunity to damage the reputation of landowners and estates. If we look at the statistics, 28 cases of confirmed bird of prey poisoning incidents in Scotland in 2010 – it’s small, it’s in the tens, and it is a decreasing number”.

Actually, Doug, if you care to look at the official poisoning statistics that your organisation helped to analyse, you’ll see that the number of poisoned raptors discovered in 2010 was GREATER than the number discovered in 2009. Do you think that if you say it enough times (i.e. that the poisoning figures are declining) that somehow we’ll all forget the official statistics and believe your version? I don’t think so.

Miller also asked him: “Your very well informed members must know where those [poisoning] cases are taking place, surely?”

McAdam: “Er, I don’t, I don’t think that’s necessarily the case, no”.

So, our ignorant landowners are now pushing for licences to kill protected raptors as a method of reducing illegal persecution incidents, but they ‘don’t neccessarily’ know where these incidents are taking place. Brilliant.

For those of us hoping for some words of wisdom from SGA chairman Alex Hogg, sorry, he wasn’t included. I wonder why?

The programme is available for one week on the BBC iPlayer: http://www.bbc.co.uk/iplayer/episode/b0116lfs/Fair_Game_Scotlands_Sporting_Estates/

Here is the SRPBA response to the programme: FairGameSRPBAresponse May 2011

Landowners demand right to kill protected birds

Not content with the annual mass slaughter of millions of animals across Scotland (e.g. hares, rabbits, foxes, crows, stoats), landowners are pushing the Scottish government to issue licences to kill protected birds, including raptors.

According to an article in today’s Scotsman, in a forthcoming documentary on illegal raptor persecution in Scotland, Douglas McAdam of the SRPBA puts forward the argument for licences, claiming that they will reduce the incentive for landowners and gamekeepers to illegally poison and shoot protected species.

So what’s wrong with this logic? Well, in my opinion, nothing if you are a criminal, wanting to commit a crime but not be prosecuted for it. Perhaps we should all ask the government for a licence to walk into shops and take what we want? It would certainly be an incentive to stop the criminal activity of shoplifting but the only ones to benefit would be the shoplifters, not society as a whole. Who would benefit from the licensed killing of protected birds? The landowners. The rest of society would be left all the poorer for the loss of our magnificent species.

There’s nothing illegal about the SRPBA asking for the issue of licences – they are perfectly entitled to do this, and there is even a provision in the Scottish legislation to allow for the issue of licences. Fortunately, so far, our government has not been swayed by the argument and has called instead for a reduction in raptor persecution. So far this year there isn’t any evidence that raptor persecution is on the decline – the discovery of poisoned buzzards, poisoned bait, and most recently another poisoned golden eagle, tells us that these filthy criminal activities are continuing with impunity on Scottish shooting estates.

Of course, this isn’t the first time we have heard about the call for licences. The SGA has been campaigning for over ten years for the right to kill protected raptors, including hen harriers and buzzards. We have covered this topic extensively – see herehere, here, here, here, herehere and here.

No doubt these licence requests will persist – regardless of all the scientific evidence that shows how badly damaged our raptor populations already are thanks to the efforts of landowners and gamekeepers across Scotland.

Scotsman article about forthcoming documentary: http://www.scotsman.com/environment/Landowners-demand-right-to-cull.6764420.jp

BBC news: http://www.bbc.co.uk/news/uk-scotland-13339288

Case against Moy gamekeepers adjourned for 3rd time

Further to blog posts 3rd June 2010, 4th June 2010, 23rd March 2011 and 8th April 2011…

The case against Moy Estate gamekeepers Wayne Grant and James Rolfe was today adjourned for the third time at Inverness Sheriff Court. Neither of the accused made an appearance and the case continues without plea on 19 May 2011.

Case against Skibo Castle gamekeeper opens at Inverness Sheriff Court

Following blog post 12 May 2010…

A year on from the discovery of THREE poisoned golden eagles, 1 buzzard and 1 sparrowhawk in or close to the grounds of Skibo Castle Estate, the case against one of the gamekeepers opened today at Inverness Sheriff Court.

The case against Dean Barr, originally from Northern Ireland, is to be continued on 26 May 2011. The charges against him are not yet being reported as he has not yet entered a plea. Last year, Mr Barr made a public statement in The Daily Record suggesting that the dead birds had been ‘planted’ by the RSPB – see blog post 22 June 2010 here: https://raptorpersecutionscotland.wordpress.com/2010/06/22/skibo-gamekeeper-blames-rspb-for-stuff-turning-up/

Golden eagle found poisoned on North Glenbuchat Estate, Aberdeenshire

An investigation is underway after the discovery of a dead golden eagle found poisoned on the North Glenbuchat Estate in Aberdeenshire. The young eagle, being tracked by satellite, was found dead on 29 March. Tests have confirmed the eagle had been poisoned by Carbofuran. Grampian Police raided the estate yesterday and items have been removed for forensic testing but nobody has been charged as yet. Well done to Grampian Police for publicising this incident.

 BBC news story here: http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-13292307

This is not the first time that North Glenbuchat Estate has been at the centre of a wildlife crime investigation. In July 2006, the head gamekeeper at North Glenbuchat was convicted of three offences: killing a wild bird, possession of birds’ eggs, and possession of a proscribed pesticide under the Wildlife & Countryside Act 1981. The head keeper, who had been employed at the estate for 30 years, was fined £850 (see here).

So, here we go again. Another year, another golden eagle found poisoned on a Scottish sporting estate, despite the rhetoric of the SRPBA and the SGA that this is a ‘rare’ event and they’re doing their best to put a stop to it. These continuing persecution incidents are nothing short of bloody outrageous.

Poisoned buzzards and bait reportedly found on Edradynate Estate

Following blog posts on 6, 7 and 11 April….

The name of the Perthshire sporting estate raided by Tayside Police earlier this month, following the discovery of poisoned buzzards and poisoned bait in March 2011, has been recently reported on the raptor study group website as Edradynate Estate.

Described by Tayside Police Wildlife Crime Officer Alan Stewart in 2005, “Edradynate Estate, which is owned by an absentee landlord from Hampshire, has probably the worst record in Scotland for poisoning incidents, going back more than a decade. In 14 separate incidents since 1998, 16 poisoned victims (nine buzzards, a cat, a tawny owl, two sparrowhawks, a common gull, a polecat and a crow) and 12 poisoned baits (rabbits, woodpigeons and a pheasant) have been found, with traces of the pesticides mevinphos, carbofuran and alphachloralose”.

His comments were made after the collapse of a trial concerning two gamekeepers from the estate, who were charged with various offences involving the alleged poisoning and trapping of birds of prey. The case was dropped by the Procurator Fiscal, reportedly because of the time taken for the case to be heard. Full story here: http://www.rspb.org.uk/Images/legaleagle43_tcm9-132966.pdf

Since his comments, there have been more discoveries of poisoned birds on this estate, and public denials in the media of any involvement by estate gamekeepers, who claim the dead birds must have been ‘planted’ by someone else. Nobody has ever been convicted for wildlife crime offences on this estate and still the poisoning continues. Let’s hope that Tayside Police are able to detect the perpetrator(s) of the most recent poisoning incident.

Interestingly, it is also reported on the raptor study group website that Edradynate Estate is believed to be a member of the SRPBA and that at least one gamekeeper is a self-confessed member of the SGA. This is difficult to verify though as, conveniently, neither group publicises the names of their members. Both of these groups have made many public statements about how they deplore illegal raptor persecution and how they are working hard to eradicate it. They are both also members of PAW Scotland. It was reported last year that the CEO of the SRPBA paid a visit to Edradynate Estate – perhaps to apply some much needed ‘peer pressure’. If he did, then he is to be congratulated for his efforts, although judging by recent events it would appear that peer pressure was unsuccessful. Or perhaps it was successful, and the latest deaths were attributable to those pesky carcass planters – you know, the ones who have never been seen or heard but who are managing to plant poisoned birds on sporting estates up and down the country…

West Yorkshire police warn of suspected poisoning activities near peregrine site

A police special constable and wildlife officer in Calderdale, West Yorkshire, is putting Scottish police forces to shame. Special Constable Phil Sanderson, also a retired police officer, has appealed to the public for help in what he believes is a potential poisoning threat to peregrines in his area. Compare Phil’s actions below with those of Tayside Police last week after their raid on an [un-named] Perthshire sporting estate.

A chicken carcass, believed to have been tainted with poison, was discovered in the Ryburn Valley in Calderdale, West Yorkshire, close to a peregrine nesting site. The carcass has been sent to the lab for analysis. Even though West Yorks Police are waiting for confirmation of the poisoning, they were sufficiently concerned, both for the welfare of the peregrines and for humans and domestic pets in the area, to put out a public appeal for information. They released the name of the valley where the suspect bait had been found, and they advised the public on what sort of thing to be suspicious of and what to do about it if they do see something suspicious.

Special Constable Phil Sanderson could teach Tayside Police a thing or two. Well done mate.

News story here: http://www.halifaxcourier.co.uk/news/local/find_the_poison_maniac_1_3279512

Dead Silence

Last week’s police raid on a sporting estate in Perthshire was widely reported in the media. We were told that three week’s earlier, two poisoned buzzards and poisoned bait had been discovered on the estate, and that this had led to the issuing of a police warrant to search various properties on the estate. What we weren’t told was the name of the estate in question. Was this omission just a genuine oversight? Apparently not. According to an article published in The Courier on 8 April 2011, Tayside Police ‘refused to disclose the exact location of the estate’. This suggests that the journalist from The Courier had specifically asked for the name of the Estate but Tayside Police decided to keep it a secret. Courier article here: http://www.thecourier.co.uk/Living/Outdoors/article/12730/inquiry-into-discovery-of-poisoned-birds-of-prey-on-a-perthshire-estate-continues.html

Similarly, the other agencies involved with the raid (reported to be the RSPB, National Wildlife Crime Unit and the Scottish Government Rural Payment Inspections Directorate) have remained tight-lipped about the operation.

Let’s contrast this silence with the report of another police raid that Tayside Police undertook last week. According to a news item on the Tayside Police website, they raided six properties across Dundee last Friday ‘as part of a pre-planned operation aimed at disrupting a serious and organised crime group believed to be involved in a number of offences including drug dealing, money laundering and mortgage fraud’. Were they silent about the locations of the raids and the on-going inquiries? Were they heck. They named the actual streets where these properties were located, the type of property searched and even disclosed what they’d found so far. See news item here: http://www.tayside.police.uk/default.aspx.locid-013new0k8.Lang-EN.htm

Let’s also contrast the silence with the reporting of the two poisoned peregrines that were discovered at the base of a block of flats in Motherwell in February. The SSPCA, who are leading that particular investigation, immediately released the location of where those poisoned birds had been found. And quite right too. See their press release here: http://www.scottishspca.org/news/571_warning-after-falcons-poisoned

So, why would Tayside Police, the RSPB, NWCU and SGRPID not want to reveal the name of the Estate where they have discovered poisoned birds and poisoned bait? They might argue that revealing the Estate’s name is likely to defeat the ends of justice, for example, that evidence could be destroyed or removed. That would be a perfectly legitimate concern BEFORE the raid took place, but their news release was made AFTER the raid and AFTER they had collected potential evidence, so that particular argument doesn’t wash here.

This silence is also an interesting strategy considering the recent launch of the Tayside Policing Plan 2011-2014 (available for download on the Tayside Police website). This Policing Plan sets out the Force’s ‘high level aims for serving and supporting local communities, the local economy and the environment over the next three years. The plan focuses on two Community Priorities – Public Safety and Public Reassurance’. So, how does keeping quiet about the location of potentially lethal poison (which could kill humans and pets, as well as the wildlife it has already killed), fit in with this new Policing Plan? Does this secrecy benefit public safety? Does this secrecy benefit public reassurance? That’s for the local community to decide – although hang on, they can’t decide because they haven’t been told that this poison was found within their community.

Imagine if Tayside Police had discovered a car bomb in, say, Perth town centre. Would they be so coy about revealing the location? Would we see a press release along the lines of ‘We have discovered a car bomb but we’re not telling you where it is and we’re keeping its location a secret’?

I think not. It would obviously be in the public’s interest to be informed about such a threat. So why does Tayside Police and these agencies think that it’s ok not to tell the public where poisoned birds and poisoned bait has been discovered, regardless of whether they can or cannot identify the individual who laid the bait? It’s all very curious.