The UK’s oldest known red kite has died in Oxfordshire.
Aragon, named after the region in Spain from where he was donated, was one of the red kites released in the Chilterns in 1994 as part of a UK reintroduction scheme.
Schoolchildren in Brize Norton recently found him injured outside their school and he was collected by Chrissie Gaines who runs a local owl sanctuary and was taken for veterinary attention. She believed he’d been attacked by other birds.
Aragon the red kite. Photo: Chrissie Gaines
Unfortunately but unsurprisingly, he didn’t survive his injuries and died aged 29 years.
In April 2023, Barry Nicolle, 67, a wildfowl collector from Dumfries & Galloway, pleaded guilty to 14 charges relating to the poisoning of red kites with banned pesticides, which included the placing of poisonous baits out in the countryside (see here and here).
This morning he was sentenced at Dumfries Sheriff Court and was given a monumentally inadequate community service order – to complete 216 hours of unpaid work within 12 months.
The RSPB has issued the following press release:
DUMFRIES-SHIRE MAN GIVEN COMMUNITY PAYBACK ORDER FOR ‘SERIOUS’ BIRD POISONING OFFENCES
A Dumfries and Galloway wildfowl collector was today (19 May 2023) sentenced to 216 hours of community payback at Dumfries Sheriff Court, after being convicted of multiple charges relating to the use of illegal poisons to target protected wildlife.
At a previous hearing, Barry Nicolle (67) plead guilty to 14 charges, including the illegal poisoning of five Red Kites and 10 Rooks, the placing of poison baits out in open countryside and the possession of banned pesticides.
A container of the banned poison Aldicarb, found at Nicolle’s house. Photo: Crown Office
Speaking in court today, the Sherriff said the crimes were serious enough to cross the threshold for prison to be considered, however given that the individual had no previous convictions, in light of his age, and due to sentencing guidelines regarding custodial penalties of less than 12 months, a community order was served.
The case dates back to spring 2019, when several dead Red Kites were found by members of the public in the Springholm area, between Dumfries and Castle Douglas. Toxicology tests by the Science and Advice for Scottish Agriculture government laboratory revealed that all had died after consuming meat laced with poison. More victims were identified over the following months, including a number of Rooks found poisoned in the playground of the local primary school. One kite found killed was lying adjacent to the body of a Mandarin Duck used as a bait and found to have been laced with the same banned pesticide that killed the kite.
Mandarin Ducks are not a native species in Scotland, and the use of this exotic species as a bait drew Police Scotland’s attention to Nicolle who kept a large collection of exotic ducks and geese in an enclosure next to his house. During the execution of a search warrant at his premises in February 2020, police officers found quantities of aldicarb and bendiocarb, both illegal poisons, and both of which had been detected in the victims. Officers also found a Larsen trap being used illegally adjacent to Nicolle’s duck ponds. Nicolle was subsequently arrested and charged.
Ian Thomson, RSPB Scotland’s Head of Investigations, said: “We welcome today’s conviction of a Mr Nicolle for multiple offences linked to the illegal poisoning of Red Kites and Rooks around the village of Springholm. The placing of poison baits out in the open is illegal, dangerous and indiscriminate. It is exceedingly fortunate that Mr Nicolle’s repeated actions did not result in serious injury to a young child.
“The investigation of this case was an excellent example of partnership working. We would particularly like to thank Police Scotland, notably wildlife crime officer PC John Cowan, for their dogged determination to identify the perpetrator of these offences and to see them face justice, and to Procurators Fiscal from the Crown Office’s Wildlife and Environmental Crime Unit, for their diligent work in securing a conviction in such a complex case.”
Red Kites became extinct in Scotland in the 19th century due to persecution, but have been reintroduced in four areas, including Galloway. The reintroduction project here ran from 2001-04. Now, of an established Scottish population of around 450 pairs, Dumfries & Galloway contains about a third of these, making it the most important area of the country for these birds and their future conservation. In addition, the Galloway Red Kite Trail is a significant local tourist route, with over 100,000 visitors coming to the area to see the kites and contributing £8.2 million to the local economy between 2003-2015.
Red kite. Photo: Dick Forsman
Detective Inspector Dean Little, Senior Investigating Officer at Police Scotland, said: “Wildlife crime can be complex to investigate and difficult to prove in court. In this case local officers on the ground were able to promptly gather evidence and work with a number of partners who utilised specialist forensic methods to build a case against Nicolle.
“Scotland’s wildlife is one of its greatest attractions, which is especially true in our local area. Nicolle’s reckless use of illegal poison was not only selfish and damaging to the birds it killed, but also posed a risk to the environment and members of the public who came across them.
“I would like to thank the numerous partners who assisted in this case and members of the public who provided information and assisted police enquiries. Crimes against nature are not unpunishable and we welcome the sentencing today of Nicolle which shows our continued commitment to investigate wildlife crime and bring perpetrators to court.”
ENDS
Given the extent and seriousness of Nicolle’s crimes, I just can’t believe how lenient the Sheriff has been, although obviously he is constrained by sentencing guidelines.
It’s a complete replication of what happened when gamekeeper Alan Wilson was sentenced for his multiple offences at Longformacus in the Scottish Borders in 2019 (see here). Wilson also avoided jail, also avoided a fine and was just given a community payback order of 225 hours. It’s as though the Sheriffs in these cases are considering the offences as individual offences instead of looking at them as a cumulative pattern, which would easily then pass the custody threshold and exceed the 12 months limit.
Unfortunately, Nicolle committed his crimes prior to the enactment of the new Animals & Wildlife (Penalties, Protections & Powers) (Scotland) Act 2020; legislation that was introduced to increase the penalties available for certain wildlife crimes, including those under Section 1(1)(a) of the Wildlife & Countryside Act – ‘Intentionally, or recklessly, killing, injuring, or taking a wild bird‘.
Although, as we saw in a recent test case of this new legislation (the sentencing of a gamekeeper on Moy Estate for raptor-killing), it won’t necessarily lead to a significant punishment (see here).
I feel incredibly sorry for the multi-agency investigators in the latest case, who have clearly worked hard to bring a successful prosecution against Nicolle. In my opinion this pathetic sentence doesn’t reflect their efforts, doesn’t act as a deterrent for others, and certainly doesn’t reflect the seriousness of Nicolle’s crimes, which he knowingly committed, repeatedly, over a period of months.
Despite his conviction, this is a bad day for wildlife crime fighters.
UPDATE: The Crown Office has published the following statement, which provides a few more details:
MAN SENTENCED FOR POISONING WILD BIRDS
A 67-year-old waterfowl enthusiast has been sentenced for killing multiple birds of prey and other birds.
Barry Nicolle, who runs an exotic wildfowl breeding farm in Dumfries and Galloway, has been given a Community Payback Order and ordered to carry out 216 hours of unpaid work after pleading guilty at Dumfries Sheriff Court to the indiscriminate use of banned poisons, which killed five red kites and ten rooks.
This believed to be the first Scottish conviction in which multiple birds of prey have been killed with poison.
He also pled guilty to possession of several highly toxic pesticides, using a crow trap illegally and an air weapon licensing offence.
Between May 2019 and February 2020 Nicolle laced bait including mandarin duckling and a mallard duck with banned pesticides. He also placed poisoned bread on fence posts around his land which is about 150m (164 yards) from Springholm Primary School.
All of this was done to attract and kill scavengers in a bid to protect his own collection of exotic and ornamental waterfowl from a perceived threat.
Speaking after the sentencing, Fiona Caldwell, who leads on wildlife and environmental crime for the Crown Office and Procurator Fiscal Service (COPFS) said:
“Barry Nicolle’s actions led to the illegal killing of multiple Red Kite’s and Rooks.
“The laying of bait laced with poisons was shockingly irresponsible and Nicolle has shown an utter disregard for the wildlife laws which serve to protect these species.
“I would like to thank Police Scotland, RSPB Scotland, the Scottish SPCA, the SRUC Veterinary Investigation Centre and SASA for their part in investigating and gathering evidence of these repugnant offences.
“The law protects wild birds and those who seek to poison them or possess stocks of illegal poison can be assured that the Procurator Fiscal will continue to prosecute such cases and ensure that offenders face the consequences of their actions.”
The court heard that numerous reports of suspicious deaths of red kites in the Kirkpatrick Durham and Springholm areas were made to Police Scotland, RSPB and the Scottish SPCA Inspectors by members of the public.
Springholm is at the heart of the breeding red kite population’s range in South West Scotland making it a key area of the country for these birds and their future conservation.
Several red kite were found lying motionless on the ground in a distressed state and had to be euthanised. The ten poisoned rooks were found on the grounds of Springholm Primary School.
Subsequent post-mortem examinations by Scotland’s Rural College (SRUC) Veterinary Investigation Centre and toxicology analysis by the Science and Advice for Scottish Agriculture (SASA) Chemistry Branch established a pattern and cause of death linked to a banned Carbofuran based pesticide called Aldicarb.
All the deaths centred around Nicolle’s property and as a result of these enquiries police applied for and were granted a warrant to search Wickerty Snook.
On the morning of 4 February 2020 police wildlife officers, along with an RSPB investigator, a SASA scientist and others executed the warrant.
During the search of Nicolle’s home, the poisons Aldicarb, Bendiocarb and Phostoxin, which contains aluminium phosphide, were found.
Poisoned bait and traps, including an untagged and therefore illegal Larsen trap, were found on his land.
A poisoned red kite found in Lincolnshire in 2020 led to a multi-agency raid of two properties in March 2021 where suspected poisons were seized and sent for analysis (see here and here).
Last month, Lincolnshire Police issued the following statement in relation to this investigation:
‘A man has been charged with possession of an item for the purpose of killing a wild bird.
Jamie Harrison, aged 53, of Paulette Court, Spalding, has received a postal charge for possession of a poisonous substance for the purpose of killing a wild bird.
Harrison was interviewed after a warrant was executed in Spalding, in March 2021.
He is due to appear at Boston Magistrates’ Court, later this month.
Our Rural Crime Action Team was formed as part of Chief Constable Chris Haward’s pledge to provide a focus on targeting offences that affect our rural communities’.
No further details are available but I understand the next court hearing will be in June.
Well done to Lincolnshire Police’s Rural Crime Action Team and all the agencies involved in this investigation (NWCU, Natural England, RSPB).
As criminal proceedings are now underway, comments won’t be posted until the case concludes. Thanks for your understanding.
At the end of March the RSPB issued a press statement about a shot red kite that had been found on a Durham grouse moor (see here).
An x-ray revealed multiple shotgun pellets in the kite’s body, resulting in a fractured wing. The kite was described as ‘fighting for its life’.
After several weeks of expert care and attention by the brilliant Jean Thorpe (Ryedale Wildlife Rescue) and her equally as brilliant colleagues at Battle Flatts Veterinary Clinic, today the red kite was successfully released back to the wild.
The RSPB has released this short video on Twitter:
Fantastic news! As of today a Red Kite found shot on a grouse moor in County Durham is flying free once more. Thanks to the member of the public who found it, and @jeanthorpeRR for her expert care – without which this bird wouldn't have had a chance. One of the lucky ones. pic.twitter.com/ON2d5egocC
Durham Constabulary is still appealing for information about the shooting of this kite.
If you have any information, contact Durham Constabulary’s Wildlife Crime Officer, PC Dave Williamson, by emailing david.williamson@durham.police.uk or calling in to Barnard Castle Police Station.
Alternatively, to share sensitive information in confidence, call the RSPB’s Raptor Crime Hotline on 0300 999 0101.
Further to yesterday’s breaking news (here) that wildfowl collector Barry Nicolle had pleaded guilty to multiple wildlife crimes relating to the illegal poisoning of red kites in south west Scotland, Police Scotland has issued the following statement:
Man convicted of killing 15 birds, including five red kites, in Dumfries & Galloway Area
A 67-year-old man has been convicted of killing raptors and other wild birds in the Stewarty area of Dumfries and Galloway between 2019 and 2020.
Barry Nicolle admitted numerous charges at Dumfries Sheriff Court today (Wednesday, 5 April, 2023). He is due to be sentenced on Friday, 19 May, 2023.
The charges related to the reckless use of illegal poison resulting in the deaths of 15 birds, including five red kites. They were recovered within a mile radius of Nicolle’s address, some just a few hundred yards from his property.
A poisoned red kite. Photographer: unknown
Robust policing work in conjunction with forensic science found these birds had not died naturally and had in fact been poisoned with banned substances, including Aldicarb and Bendiocarb.
Wildlife Officer, Police Constable John Cowan, said: “Extensive policing work involving a number of partners, along with forensic science, enabled us to build a case against Nicolle who had been killing protected birds over a number of years.
“Not only was there a risk to the rural environment, but also to members of the public handling poisoned birds some of which were found near a primary school.
“Police Scotland and the partners we work with treat all types of wildlife crime very seriously and this conviction is a strong message that those who poison wild and protected birds will be robustly investigated.
“I would also like to thank the public who provided information that assisted our enquiries. This is vital to our work in combatting wildlife crime.
“I would encourage anyone who comes across a protected dead bird or animal to report it to us. Likewise if you have information about wildlife crime please get in touch via 101.”
ENDS
UPDATE 19th May 2023: Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway (here).
There’s a good opinion piece in the Press & Journal today by Max Wiszniewski, Campaign Manager for REVIVE, the coalition for grouse moor reform.
It’s reproduced below:
The systematic, illegal persecution of birds of prey has been a blight in Scotland’s countryside now for decades, so much so that it was described by former first minister, Donald Dewar, as a “national disgrace”.
Yet, on the same day that our new first minister was sworn into office, news broke that another bird of prey – this time a red kite – had been found dead on a grouse moor [Ed: see here]. The shooting industry is laughing in the face of the legislation it will be fighting tooth and nail to oppose.
The new bill proposes to licence the shooting of grouse. If the terms of that licence are broken – such as a licence holder indulging in wildlife crime – then it can be removed.
So far, it seems sensible. But, beyond the illegal destruction of our protected species, hundreds of thousands of foxes, stoats, weasels, crows and so-called “non-target species” like hedgehogs are killed on grouse estates every year, so more grouse can be shot for sport.
Will this unsustainable practice be addressed by the new bill? The answer is: somewhat.
All legal traps will require a “licence”, serial numbers and, presumably, regular checking. Scottish Government oversight of the monitoring of the many thousands of traps on grouse moors to ensure legality will be no easy feat, and it would be expensive to do effectively. Should we be jumping through hoops just so a few people can shoot more grouse for sport?
Bill is an important intervention that should go further
Some big changes in muirburn could be brought about, though. On grouse moors, burning heather shapes the landscape to make it more suitable for grouse – so more of them can be shot.
About 40% of muirburn for grouse has taken place on deep peat, which is an internationally important carbon sequestration resource. Much of it lies in a degraded state on grouse moors, and continued burning is stopping it from regenerating and from rewetting and, therefore, actually emits carbon.
The Wildlife Management and Muirburn Bill proposes an effective ban on peatland burning but, once again, effective monitoring of huge land areas will be difficult and expensive.
Muirburn may still continue under licence in areas with no deep-peat, but should we be dishing out licences when the purpose is increasing grouse numbers for sport shooting? Scotland shouldn’t be pandering to the needs of this cruel, unsustainable and intensively managed industry.
By creating a circle of destruction around huge areas of our land, biodiversity and more diverse economic opportunities are missed for Scottish people and communities.
Overall, this bill as it stands is an important intervention. With a bit more courage to take on large estates and landed interests, it could become the very intervention Scotland’s people, wildlife and environment desperately need.
Barry Nicolle, a wildfowl collector in south west Scotland, has pleaded guilty to 14 charges this morning at Dumfries Sheriff Court in relation to the illegal poisoning of red kites in the area.
Red kite. Photo: Dick Forsman
Nicolle’s guilty pleas relate to the poisoning of four red kites, placing out poisoned baits, possession of illegal poisons and illegal trap use, according to Ian Thomson, Head of Investigations at RSPB Scotland.
Police Scotland led a multi-agency investigation, assisted by the RSPB, after a number of poisoned red kites were discovered in the area between 2018-2020 (see here, here, here and here for previous blogs).
Nicolle is due to be sentenced on 19th May 2023.
I expect full details of the case will be published post-sentencing.
UPDATE 6th April 2023: Police Scotland statement on conviction of red kite poisoner Barry Nicolle (here)
UPDATE 19th May 2023: Monumentally inadequate sentence for Barry Nicolle, serial red kite poisoner in Dumfries & Galloway (here).
Police Scotland have arrested a 56-year old man as part of their investigation into the shooting of a red kite on a grouse moor on Lochindorb Estate earlier this week.
A rough estimation of Lochindorb Estate boundary at the edge of the Cairngorms National Park
It’s hard to keep up with all the raptor persecution news this week, but this is the red kite that members of the public witnessed being shot on the grouse moor on Monday 27th March 2023 at around 11.15am. The Scottish SPCA attended the scene along with Police Scotland but unfortunately the kite’s injuries were so devastating that the bird had to be euthanised (see here).
Police Scotland issued a very fast appeal for information on Tuesday, saying they were particularly interested in finding witnesses who might have seen quad bikes or off-road vehicles in the area on Monday morning.
Yesterday afternoon (Friday 31st March 2023) Police Scotland issued the following short statement:
Arrest after bird of prey shot near Grantown-on-Spey
A 56-year-old man has been arrested and released pending further investigation after a bird of prey was shot near Grantown-on-Spey.
Officers received a report of a bird being shot around 11.15am on Monday, 27 March, 2023, at the Lochindorb Estate.
ENDS
Great work by Police Scotland. Let’s hope they find sufficient evidence to charge someone for this latest shooting.
The RSPB has just issued the following press release:
RED KITE FOUND SHOT ON GROUSE MOOR IS ‘FIGHTING FOR ITS LIFE’
The protected bird of prey was found grounded on a grouse moor in County Durham, in March 2023
An X-ray revealed multiple pieces of shot within the bird’s body
Durham Police and the RSPB are appealing for information
A Red Kite – a species protected by UK law – was found in Edmundbyers, County Durham in a stricken condition, peppered with shot and is currently fighting for its life in a bird hospital.
A member of the public noticed the bird at the side of a public footpath along Burnhope Burn on 17 March 2023 and reported it to the RSPB. Arriving on the scene, RSPB Investigations Officers found the Red Kite hiding in bracken, alive but unable to fly.
It was taken to a wildlife rehabilitator and looked over by a vet. An X-ray revealed the bird’s entire body was peppered with shot including pieces that had broken its wing.
All birds of prey are legally protected, making it a criminal offence to intentionally kill or injure one, punishable by an unlimited fine or jail.
Red Kites were historically persecuted in the UK but are making a comeback thanks to official reintroduction programmes in recent decades supported by Government. However these birds take a long time to spread out, and illegal killing is preventing the species expanding and gaining a foothold in areas where they were formerly found before they were driven to extinction in England around the late nineteenth century.
This incident comes in the same week when news of another Red Kite was found shot in Grantown-on-Spey, [Ed: see here] in the Scottish Highlands, also in March 2023. Sadly, it had to be euthanised due to the extent of its injuries.
This area of County Durham inside the North Pennines AONB has a history of raptor persecution. In 2021, another red kite was found dead near Edmundbyers, Co Durham having been illegally poisoned. Police-led searches in the area followed last year, however no one was prosecuted.
The link between driven grouse shooting and the illegal killing of birds of prey has been well documented. The RSPB’s latest Birdcrime report showed that 71% of all confirmed incidents of raptor persecution were in connection to gamebird shooting.
Jack Ashton-Booth, RSPB Investigations Officer, said:
“The kite is currently receiving the best care, and we understand it has been hopping up onto a perch and feeding itself. However it’s still not out of the woods. We are incredibly grateful to the diligent member of the community who noticed and reported the bird, and urge anyone else who finds a dead or injured bird of prey in suspicious circumstances to do the same. It could save a bird’s life and help us identify a raptor killer at large. We are also hugely grateful to Jean Thorpe, who is caring for the bird, as she has done so many others.
“It’s unlikely this Red Kite will have flown far from where it was shot. If you have any information about who might have done this, or know of anyone shooting birds of prey in this area, please get in touch.”
Friends of Red Kites (FoRK), a voluntary monitoring and community engagement organisation based in the North East, commented:
“We are sickened to hear that yet another Red Kite has been found on the moorlands of the North Pennines suffering from illegal persecution. Since the re-introduction of Red Kites to the North East of England in 2004, a number of birds have been found dead on or adjacent to these moorlands which are managed for grouse shooting. After nearly 20 years the population of breeding kites has barely advanced above 20 pairs. By comparison, populations of kites in other areas where they have been released, like the Chilterns, are booming. It is a sad indictment on parts of society that the people of the North East are denied seeing these beautiful birds gracing our skies more widely.”
If you have any information, contact Durham Constabulary’s Wildlife Crime Officer, PC Dave Williamson, by emailing david.williamson@durham.police.uk or calling in to Barnard Castle Police Station.
Alternatively, to share sensitive information in confidence, call the RSPB’s Raptor Crime Hotline on 0300 999 0101.
ENDS
UPDATE 12th April 2023: Shot red kite found on a Durham grouse moor is successfully re-habilitated and released back to wild (here)
Further to yesterday’s news that a member of the public witnessed the shooting of a red kite on Lochindorb Estate on Monday morning (see here), I’ve been looking to see how the game-shooting industry has responded to Police Scotland’s appeal for information.
You’ll recall that this is the game-shooting industry whose organisations routinely state they have a ‘zero tolerance’ policy towards raptor persecution, in which case you’d think they’d be quick to condemn this latest crime and call on their members to assist the police in any way they can.
So far, I haven’t found any statements of condemnation on the websites of the Scottish Gamekeepers Association, BASC, or the Countryside Alliance.
I did find a statement on the website of Scottish Land & Estates (SLE), the grouse moor owners’ lobby group, as follows:
It’s good to see a prompt response from SLE (their statement was published yesterday) and it’s also good to see SLE urging its members and readers to assist with the police investigation.
Although I couldn’t help but notice that Lochindorb Estate isn’t named, and nor is the fact that Police Scotland is particularly interested in receiving information relating to quad bikes and off-road vehicles seen in the area at the time of the shooting.
If anyone does have information, please contact Police Scotland on 101, quoting incident number 1760 of Monday, 27 March, or make a call anonymously to the charity Crimestoppers on 0800 555 111.
Raptor Persecution UK 