Ross-shire Massacre: Police Scotland, see what you’ve done?

Last Friday, Police Scotland put out an idiotic press release stating that they could now CONFIRM that the 22 raptors illegally poisoned in the Ross-shire Massacre seven months ago “were most likely not deliberately targeted“. It was an astonishing statement, not least because they had ruled out criminal intent before they’d even got a suspect, and despite the fact that those birds are known to have been killed with a banned poison. We blogged about it here and we’ll be blogging further on this shortly, following the grilling that senior police officers received during yesterday’s Scot Gov RACCE Committee hearing (see here).

Following that Police Scotland press statement, Tim (Kim) Baynes of Scottish Land & Estates wrote a letter to the Herald complaining about media speculation and stating (falsely) that raptor persecution crimes had declined (see here).

In response to that letter, yesterday Duncan Orr-Ewing of RSPB Scotland set out the facts about the increase in raptor persecution crimes (see here).

Today, another letter has appeared in the Herald, in response to Duncan Orr-Ewing’s letter. This letter was tweeted by the SGA this morning, with the following statement: “Herald letter from Ayrshire reader on the legal concept of innocent until proven guilty”.

Here’s the letter:

Thursday 30 October 2014

RSPB has its own agenda

DUNCAN Orr-Ewing, Head of Species and Land Management for RSPB Scotland, does not let the facts get in the way of his argument (Letters, October 29).

I would remind Mr Orr-Ewing that he stated in this very journal that a crime had been committed with the poisoning of raptors on the Black Isle and he then proceeded to promote his agenda against gamekeepers and shooting estates. Police Scotland has stated that no crime was committed, but that has not stopped RSPB advocating regulation which would allow it to attempt to criminalise legal businesses.

Rather than being a positive, the involvement of RSPB in police investigations creates a massive question about impartiality. This underlines the danger of allowing bodies with their own agendas to be involved in criminal investigations. They appear willing to ignore the fact that in this country we are all innocent until proven guilty.

David Stubley,

22 Templeton Crescent, Prestwick.

So Mr Stubley thinks that the Ross-shire Massacre was not a crime. This is precisely why Police Scotland should never have issued their press statement. Although their press statement did say: “The criminal investigation into their deaths is still ongoing”, those seeking to diminish this crime as something ‘accidental’ have been given the perfect fodder to perpetuate their ignorant claims which many average members of the public will likely believe.

As for the SGA re-tweeting this letter, with no mention that the Ross-shire Massacre was indeed a crime, well that speaks volumes, doesn’t it?

Mr Stubley is no stranger to muddying the water about the Ross-shire Massacre. In May he wrote another letter to the Herald about this crime:

Wednesday 21 May 2014

Falling prey to an accident?

I NOTE that immediately after the discovery of several dead raptors on the Black Isle many people jumped to the conclusion that they had been poisoned by a gamekeeper, even though there was not a shred of evidence to back up this assumption.

Several weeks later and despite a large reward being offered no-one has been charged. I have a suggestion for a possible cause of the poisoning.

Those responsible for the reintro­duction of red kites and other birds set up feeding sites where the birds know they will be fed and therefore congregate in large numbers. The birds are fed on agricultural beasts which have been killed, roadkill or, during the shooting season, gamebirds which cannot be sold. Could one of those food sources have been exposed to poison by accident? This would surely explain the concentration of dead birds and the lack of anyone to blame.

David Stubley,

22 Templeton Crescent, Prestwick.

We wonder if Mr Stubley is a member of the SGA? Just sayin’……

Police Scotland’s media strategy about this high profile crime has been appalling. They complained yesterday during the RACCE Committee hearing that media speculation hadn’t been helpful. They could easily have alleviated that speculation by publishing clear, timely and precise information about this crime, without jeopardising their criminal investigation.

More on this shortly.

Senior police face wildlife crime grilling at Holyrood

RACCEThe Scottish Government’s Rural Affairs, Climate Change & Environment Committee (RACCE) will tomorrow hear evidence from two senior Police Scotland officers about the Government’s latest annual report on wildlife crime in Scotland.

The two officers are Assistant Chief Constable Malcolm Graham (Major Crime and Public Protection), and Detective Chief Superintendent Robbie Allan (Wildlife Crime Portfolio Holder).

Following them will be Patrick Hughes, Head of Wildlife & Environmental Crime Unit, Crown Office & Procurator Fiscal Service.

This hearing is fairly routine – the RACCE took evidence last year from the Environment Minister following the publication of the Government’s first report on wildlife crime, and the Minister is set to give evidence again next week (Nov 5th) now that the second annual report has been published.

However, in light of recent events, we hope that the police will be asked to account for their actions on (a) their outrageous statement that the 22 raptors poisoned in the Ross-shire Massacre seven months ago were “not deliberately targeted”, and (b) their staggeringly hypocritical response to the consultation on whether the SSPCA should be given increased investigatory powers.

We’re still awaiting a formal response from the RSPB’s Head of Investigations, Ian Thomson and the SSPCA’s Head of Special Investigations Unit, Mark Rafferty as to whether they agreed with Police Scotland’s claim that the Ross-shire Massacre was ‘accidental’, although they have said that they’ve contacted Police Scotland for an explanation and will respond to blog readers in due course. We can assume then, that neither the RSPB or the SSPCA were party to that Police Scotland press release, even though they are supposedly ‘partners’ in this investigation.

In the meantime, we asked RSPB Scotland Director, Stuart Housden, what his thoughts were. Yesterday he tweeted the following response:

To use a poisoned bait(s), placed in the open is an indiscriminate and illegal act aggravated by the use of a banned chemical“.

It seems that Mr Housden is, quite rightly, not impressed with Police Scotland’s statement. Note also he mentioned ‘poisoned bait(s)’ and ‘a banned chemical’. These are carefully chosen words. If those 22 birds had been killed by the accidental use of rodenticide, as some members of the game-shooting lobby are claiming on social media, Housden would probably have said ‘a controlled substance’, because rodenticides are NOT a ‘banned chemical’. Interesting stuff.

You can watch the RACCE wildlife crime hearing live on Holyrood TV tomorrow. The session starts at 10am although the first item on the agenda is consideration of the South Arran Marine Conservation Order 2014. The wildlife crime session will follow that. You can watch by clicking this link to Committee Room 5.

For those who can’t watch it, we’ll post the minutes from the session on this blog as soon as they become available (usually within 24 hours of the hearing).

UPDATE 29/10/14: For those who missed the live tv broadcast, HERE is the archived video. A full transcript will follow (within 24 hours) plus our analysis of the evidence heard.

UPDATE 4/11/14: The official transcript of the hearing is now available here.

UPDATE 4/11/14: What we learned from the RACCE Committee hearing here.

Ross-shire Massacre: SLE complains about media speculation

A letter has been published in the Herald today, penned by Tim (Kim) Baynes of Scottish Land and Estates:

Speculation around bird of prey deaths has become more hysterical

The announcement by Police Scotland that the 20 raptors found poisoned in March near Conon Bridge were “not deliberately targeted” raises number of serious matters.

Despite the trend of crimes against birds of prey having gone down in the last 3-5 years, particularly by poisoning, the speculation around each case has become more hysterical; the RSPB even tried to link the Conon Bridge incident to grouse moor management. There are now websites and bloggers and organisations involved in police investigations who are not slow to feed information to the media and promote speculation.

This speculation is having a corrosive knock-on effect on many other aspects of land management, severely straining the relationship between land managers and conservation bodies.

This also brings into focus the new measure whereby General Licences to control pest birds may be withdrawn where there is only a suspicion of wildlife crime, rather than it being proven in court.

Any deliberate killing of a bird of prey is illegal and is to be condemned but it is not in anyone’s interests that various activists and organisations can leap to conclusions without any evidence to support their point of view which in turn is afforded political and media credence. It would be a major step forward if government and other interested organisations were to take a lead in ensuring that reckless speculation should be discouraged. If everyone sticks to the facts and works more constructively together then the interests of conservation will be better served.

Tim Baynes,

Scottish Moorland Group,

Scottish Land & Estates,

Stuart House,

Eskmills Business Park,

Musselburgh.

So our Kim wants everyone to “stick to the facts”. His own track record on sticking to facts isn’t very impressive (e.g. see here, here, here).

His latest letter was written in response to Police Scotland’s outrageous announcement last Friday that the illegal poisoning of 22 raptors at Conon Bridge seven months ago was “not deliberately targeted” (see here). That idiotic statement was pure speculation – is Kim complaining about that?

Earlier this year, Jamie McGrigor MSP speculated, during a televised parliamentary debate, that the Ross-shire Massacre could have been the result of accidental food contamination at the Tollie Red Kite feeding station (see here). Did Kim complain about that?

Kim & Co had better batten down the hatches – speculation is bound to be rife when Police Scotland consistently fail to provide timely, and accurate, updates about such appalling crimes.

Understandably, Kim and his mates would probably prefer everyone to just shut up about raptor persecution crimes. It’s a bit too late for that.

Oh, and by the way, Kim, seeing as how you love facts, here’s one: It was twenty two dead raptors at Conon Bridge, not twenty. And here’s another fact: the Government’s 2013 wildlife crime report showed an increase in raptor persecution crimes. And guess what? The 2014 figures will also show an increase, because the ‘Conon Bridge 22’ will be included in those stats.

In other news, tissue sales are set to increase in Musselburgh.

There’s also an article in the Herald, based around the content of Kim’s letter and how he thinks that the speculation has ‘sullied’ the reputation of SLE members (here).

Ross-shire Massacre: unbelievable press release from Police Scotland

RK7Following the mass poisoning of raptors (16 red kites & 6 buzzards) at Conon Bridge, Ross-shire, seven months ago, Police Scotland has this evening put out the following press release:

Appeal for information in relation to death of raptors

Police Scotland has issued a further appeal for information relating to the deaths of raptors in various locations across the Ross-shire/Black Isle area earlier this year.

Following investigation Police Scotland can now confirm that the birds, 12 red kites and four buzzards, were most likely not targeted deliberately but instead were the victims of pest control measures. The raptor deaths occurred over March and April this year.

The criminal investigation into their deaths is still ongoing and Police Scotland continues to work closely with partners.

Detective Superintendent, Colin Carey, said:

“Investigations into the suspicious deaths of wildlife and especially raptors can be difficult and prolonged. The areas covered can be vast and it is seldom immediately apparent why a bird may have died.

“We work closely with partners to identify and thoroughly investigate all wildlife crime. The death of the raptors in Ross-shire remains an on-going investigation during which we are endeavouring to establish all of the circumstances around this crime. We would ask anyone who may have further information to come forward.”

A significant reward is being offered for witnesses or further information.

Partner agencies would seek to remind members of the public that if anyone finds any further dead birds or animals in the area they are asked to make a note of its location and inform the police on 101. Under no circumstances should anyone touch or attempt to recover any dead animal.

If anyone has any information regarding this matter please contact Dingwall Police Station, telephone 101.

END

This police statement is staggering. Pay close attention to the second paragraph: Police Scotland can now CONFIRM…..

How can they possibly CONFIRM this, without a full confession from the person who laid out the poison baits? Does this CONFIRMATION mean that they’ve got the poisoner? That he/she has been arrested? That he/she has been charged?

The truth of the matter is, they haven’t got the poisoner, so they cannot possibly CONFIRM whether the poisoner meant to target raptors or meant to target a legitimate ‘pest’. Besides, the only legitimate method of poisoning ‘pests’ is by the controlled use of rodenticides. We already know that the poison(s) involved in this case included a banned poison – the police said so months ago. According to the Vice President of the RSPB, the poison used was Carbofuran. We don’t know that for sure because Police Scotland has refused to say, and the Government toxicology lab who would normally publish this information has mysteriously chosen not to on this occasion. We also know that poisoned baits were picked up at the crime scene – as reported here and here. How can this possibly be classified as a ‘non-deliberate’ poisoning?! It’s illegal to even possess these banned poisons, let alone to use them!

What on earth are Police Scotland playing at? This press statement is a disgrace. If we applied their logic to every other raptor that has been poisoned by a banned poison over the last ten years, then they’ve all been accidental! An unfortunate mistake by someone carrying out pest control measures! What sort of message does this police statement send to those who continue to use banned poisons to kill wildlife? ‘Ah don’t worry lads, we know you didn’t mean to deliberately target that golden eagle/red kite/buzzard with your illegal poisoned bait’.

WTF?

Somebody needs to be asking questions about this. It’s pointless us trying to ask Police Scotland – we’ll just get the stock response of “It’s a live investigation so we can’t comment”. So much for police accountability, eh? All this guff about how the SSPCA shouldn’t be given extra powers because they’re ‘unaccountable’ – Jesus.

So seeing as we have no confidence in Police Scotland to be (a) accountable, (b) competent or (c) trustworthy about this case, how about we ask the partner agencies “working closely” with the police on this case, whether they agree with Police Scotland’s CONFIRMATION that this incident was accidental?

Let’s ask Ian Thomson, Head of Investigations at RSPB: ian.thomson@rspb.org.uk and let’s ask Mark Rafferty, Head of Special Investigations Unit at SSPCA: mark.rafferty@scottishspca.org We’re not asking them to reveal any confidential information about the case, just whether they agree with Police Scotland’s assertions that these poisoned birds were not deliberately targeted, and if so, on what basis has the assertion been made?

Ross-shire Massacre: seven months on

It’s been seven months since 22 birds of prey (16 red kites and six buzzards) were illegally killed in a mass poisoning incident near Conon Bridge, Ross-shire.

Here’s an imaginary update from the police:

No arrests.

No charges.

No prosecution.

No justice.

Previous posts on the Ross-shire Massacre here.

Ross-shire Massacre: six months on

rk5It’s been (just over) six months since 22 raptors were poisoned in a single incident at Conon Bridge in Ross-shire.

So far, we know that 16 of those birds (12 red kites + 4 buzzards) were killed by ingesting “an illegally-held poisonous substance”. We know that the name of the poison has been redacted from official government documents in the public domain. We know that nobody has been arrested.

That, in a nutshell, is about the sum total of the ‘official’ information that is available about one of the most high-profile wildlife crimes in recent years.

Isn’t that amazing? Six months on and that’s all there is?

However, if you’d been sitting in Lecture Marquee #3 at the Rutland Birdfair on Saturday 16th August, you’d have heard that the poison used to kill all those birds was Carbofuran, and that the perpetrator is known. Indeed, the (alleged) perpetrator was virtually named and anyone sitting in that marquee who had any local knowledge of Conon Bridge would know exactly who was being implicated.

It was an astonishing talk delivered by Sir John Lister-Kaye, who introduced himself as a Vice-president of RSPB. It was astonishing both in the level of detail about the case that was delivered, but also in the level of inaccuracy about raptor persecution in general. For someone with Lister-Kaye’s credentials, the content of that talk left our jaws hanging open.

Given the wholly inaccurate statements he made about raptor persecution in general (including a claim that Carbofuran could be used under licence to treat seed crops (!!) and that raptor killing in Scotland has never really been widespread until very recently and then only as the landowners’ angry backlash following the introduction of vicarious liability), his statements about the Ross-shire Massacre need to be treated with caution.

Nevertheless, whilst he deserves to be pulled up on his shoddy research skills, he deserves credit for standing up in that marquee and giving more information in 20 minutes than Police Scotland has managed in six months.

Previous blogs about the Ross-shire Massacre here

Petition for increased SSPCA powers handed in to Holyrood

Goddard petition Wheelhouse august 2014A petition calling for increased investigatory powers for the SSPCA was handed over to Environment Minister Paul Wheelhouse last week, with over 6,000 signatures.

The petition was launched several months ago by Andrea Goddard, a volunteer at the Tollie Red Kite Feeding Station, following the illegal poisoning of 22 raptors (16 red kites and 6 buzzards) in March at nearby Conon Bridge – an incident we’ve termed the Ross-shire Massacre. Five months on, nobody has been charged for this appalling crime.

Great effort, Andrea. Story in the Press and Journal here.

The petition coincided with the long-awaited government-led public consultation on whether the SSPCA should be given additional powers to investigate a wider suite of wildlife crimes. The consultation closes next Monday (1st September) and the consultation responses will be published on the Scottish Government’s website by 11th October. Following the government’s decision-making, a full report (on the consultation) has been promised although a time-frame for this has not been provided.

We’d encourage as many of you as possible to contribute to this consultation. If the proposal is accepted, we believe it will bring significant improvement to the enforcement of wildlife crime legislation in Scotland, leading to many more offenders being brought before the courts – see here for our reasoning.

If you’d like to take part, please click here.

Ross-shire Massacre: five months on

It’s been five months since the discovery of 22 dead raptors (16 red kites + 6 buzzards) near Conon Bridge in Ross-shire – an incident we have termed the Ross-shire Massacre.

Since then, we’ve learned that 16 of these birds (12 red kites + 4 buzzards) were killed after ingesting an “illegally-held poisonous substance“. That information had to be dragged from Police Scotland in June, following some pretty outrageous allegations from the game-shooting industry (and at least one MSP) that the birds had been ‘accidentally poisoned’ by eating contaminated meat at the Tollie Red Kite Feeding Station.

Other than that, Police Scotland has refused to provide any further information, other than to say last month that the investigation “was continuing“.

In June, a member of the public made an FoI request to SASA (the government lab responsible for undertaking the toxicology anlayses on these birds) to ask for the name of the poison(s) and the name of the species affected, amongst other things. He received a reply from SASA on 30th June and he was told that it wasn’t in the public interest to disclose such information. SASA claimed that the public interest test was “outweighed by the public interest in ensuring that the ongoing police investigation is not jeopardised and that incomplete data are not released“. The member of the public submitted a request for a review of this decision and on 24th July 2014 he received a response from Hugh Dignon, a senior civil servant. Mr Dignon upheld the decision made by SASA and added:

By withholding evidence that might, if prematurely released, prejudice a live investigation, we are maximising the likelihood that a conviction could be secured if a prosecution is taken forward“.

Come on, Hugh! There’s not a chance in hell of getting a prosecution, let alone securing a conviction, so many months after the crime took place. Who are you trying to kid? And since when has releasing the name of a banned poison ever jeopardised a live investigation? Er, that’ll be never. SASA has, for years, routinely published the name of the poisons that were used in crimes that are still subject to on-going investigations – why is this case so different? Why all the cloak and dagger? What’s to hide?

Here’s a screen grab of SASA’s latest poisoning data, which relate to toxicology tests undertaken in the first quarter of 2014. The reference circled in red is the information about the Ross-shire Massacre. SASA has redacted all the detail about the type of poison(s) detected (column 4), whether the incident was ‘abuse/mis-use’ etc (column 6), and they’ve even removed the names of the species they’ve tested – preferring to write ‘various’ instead (column 8). Compare and contrast these redactions to the entry at the top of the image, which relates to a poisoned peregrine found in Strathclyde in February – that case is also an on-going police investigation (ahem) and yet we’re allowed to see the name of the poison (Carbofuran), the type of incident (abuse) and the species affected (peregrine). Astonishing, isn’t it?

 SASA Q1 2014 ROSS-SHIRE MASSACREa

For previous posts on the Ross-shire Massacre click here

Ross-shire Massacre: the pig’s ear of an investigation continues

RK5Ten days ago we blogged about the progress (or apparent lack of) being made in the Ross-shire Massacre case, four months on from the discovery of 22 dead raptors in one of Scotland’s worst raptor poisoning incidents (see here).

A couple of days ago, somebody told us that the ‘official’ number of birds confirmed poisoned was now 16 (12 red kites + 4 buzzards), according to Police Scotland.

We found this news intriguing. Did it mean that the remaining six carcasses (4 red kites + 2 buzzards) had not been poisoned?

No. What it turned out to mean was that toxicology tests on those remaining birds are still “continuing”, according to a news report in The Press and Journal (see here).

Still continuing, four months after discovery? Is that because the poison is proving difficult to detect, or is it because the tests have not been given priority? If not, why not?

What a shambles. And that’s only the start of it…..

Previous posts on the Ross-shire Massacre here

Ross-shire Massacre: 4 months on

It’s been four months since 22 birds of prey (sixteen red kites and six buzzards) were killed in one of the worst poisoning incidents uncovered in Scotland in recent years.

Here’s the latest information about how the police investigation is progressing:

nothing 2

Great, eh?

The Untouchables get away with it. Again.

Tune in next month for more of the same. Probably.

For previous posts on the Ross-shire Massacre click here.