Three days on and our anger has not subsided. If anything, it’s grown. The more we’ve watched that video, and the more we’ve tried to comprehend the reasoning behind the Crown’s decision to drop all criminal proceedings, and the more we’ve contemplated the injustice and wider implications of the Crown’s decision to drop all criminal proceedings, and the longer the silence from a Government that repeatedly claims a ‘zero tolerance’ policy on raptor persecution, the more incensed we’ve become. And we’re not alone.
This 59-second video is actually a microcosm of a war that has been raging for over 60 years, ever since birds of prey were afforded full legal protection. It’s got everything, all the characteristics with which we’re now so familiar: the remote upland landscape, an area with a long history of raptor persecution, the supposedly protected hen harrier so vulnerable as she waits until the last second to abandon her eggs and flee her nest, the violent gunshots, the explosion of feathers as she’s hit, the poignant silent aftermath as her feathers float to the ground, the armed man apparently removing and hiding the evidence of the crime. Only this time the crime was witnessed, captured on film and now, finally, exposed for the world to see.
And then comes the ridiculous pantomime of legal protocol that forces fearful commentators to describe this as an ‘alleged’ crime, which implies it might not have happened. Our eyes work just fine and it is our opinion that it did happen. The only questionable part is who pulled the trigger (twice). The video footage is not conclusive on this point and the man who was charged had pleaded not guilty. It’s fair to comment that the charges against him were alleged (in other words it’s not known whether he was responsible or not) but let’s not pretend that this crime didn’t happen. Somebody shot that hen harrier in June 2013 and whoever it was has escaped justice as the case is now time-barred.
There are several aspects of this case that fan the flames of our exasperation. We’ve already discussed the role of the Crown Office and the questions raised by their decision to drop all proceedings. These matters are deeply concerning and need to be addressed as a matter of urgency.
Other issues concern the long history of confirmed raptor persecution on Cabrach Estate. Two gamekeepers have previously been convicted for such crimes: one for having a poisoned peregrine in the back of his vehicle (here) and one for shooting two buzzards (here). Other crimes were also detected including the discovery of 11 shot buzzards that had been stuffed inside rabbit holes, 24 poisoned baits, three illegal pole traps and an owl with smashed legs (here) but nobody was charged. We want to point out that the current team of gamekeepers is very recently employed and there isn’t, to our knowledge, any evidence of further crimes since the shooting of the hen harrier in 2013. But the appalling history provides a long-term perspective on what had been going on for a number of decades and that is hard to ignore.
Map showing the location of Cabrach Estate, bordering the Cairngorms National Park (estate boundary based on information from the Who Owns Scotland website).

The publication of this video by RSPB Scotland last Friday has provoked an outpouring of public outrage. Social media has been alight all weekend, and commentary has been provided by many, including a 15-year-old schoolboy (here), a leading figure in conservation (here), another well-known campaigner (here) and a retired police officer (here).
Statements from the game-shooting industry have been thin on the ground but where they have been made, the words chosen have very carefully avoided discussing the killing of a hen harrier.
The Scottish Gamekeepers’ Association said they had no comment to make as they didn’t have a membership interest in this case. The video footage was totally ignored (see here).
Scottish Land & Estates also ignored the video content and instead opened with the vague statement, “Evidence of apparent ill-treatment of any protected species is, of course, deeply concerning“. There then followed the usual denials about the extent of raptor persecution, the same old spin about their involvement with the partnership working sham that is the Heads up for Hen Harriers project (which we have previously addressed, here) and then a bit more spin with this line: “In this instance, the estate in question was praised in an RSPB report last year as a potential model sporting estate given its commitment to species conservation, including Hen Harriers“. We were intrigued by this ‘RSPB report’ until we realised that it wasn’t an official RSPB report written by professional upland scientists based on a long-term & detailed assessment, but rather a report of a day trip to the estate, escorted by the new Head Keeper, of the local RSPB members’ group. Hmm, not quite as compelling an endorsement as SLE try to portray. Has Lord Johnstone been taking spin lessons from Beefy Botham on how to make a report sound more credible than it actually is?
So far, there has been no comment from the Scottish Government.
UPDATE 11 May 2017: Cabrach hen harrier shooting reaches First Minister’s Question Time (here)

The farcical reporting about the shooting of young hen harrier Rowan continues.
Then on 3 February 2017, the RSPB 








