Gamekeeper sentenced for wildlife crimes on Redmyre Estate, Abernyte, Perthshire

Further to the blog entry of 3 March 2010……

Gamekeeper Graham Barclay Kerr (53) of Mary Findlay Drive, Dundee, who had earlier pleaded guilty to shooting a buzzard and being in possession of illegal and deadly poisons on the Redmyre Estate, Abernyte, Perthshire on 9 September 2009, has now been sentenced.

His punishment? A pathetic £400 fine for shooting the buzzard with a .243 rifle, and an even more pathetic ‘admonishment’ (which means a telling off) for being in possession of Carbofuran and Alphacloralose. Sentencing him at Perth Sheriff Court on 24 March 2010, Sheriff Robert McCreadie told Kerr, “You may not have appreciated how serious the courts take the illegal destruction of wildlife. I think you will be aware of that now”.

Really? A £400 fine for deliberately shooting a protected species is not what I would call a deterrent for other gamekeepers or their employers. And an admonishment for the possession of illegal and highly toxic poisons is nothing but lamentable. When oh when will the public see the full force of the law being handed down to convicted wildlife criminals? The Scottish judiciary has been given the powers to impose large fines or custodial sentences for convicted wildlife criminals, because that is the punishment that society deems fitting for these crimes. The Scottish government claims to be ‘stamping out’ wildlife crime. Perhaps the government and the judiciary need to get together and make sure they are reading from the same book, let alone the same page, because so far their actions speak louder than their words. This case speaks volumes.

Full story: http://www.perthshireadvertiser.co.uk/perthshire-news/local-news-perthshire/perthshire/2010/03/26/buzzard-killed-my-former-perthshire-gamekeeper-73103-26110898/

Inside case details from Tayside Police: http://www.scotland.gov.uk/Topics/Environment/Wildlife-Habitats/paw-scotland/Resources/Newsletters/Issue2/Inthecourts/GrahamKerr2010

shooting times magazine names the countryside’s “most wanted pests”

Game shooting’s top magazine, The Shooting Times, has published an article on the countryside’s “most wanted pests”, which speaks volumes on the true attitude of the game shooting industry to our protected wildlife.

The Shooting Times, 6th February 2006 reports,  The golden eagle, red kite, osprey, heron, peregrine falcon and buzzard stand accused with the hedgehog, otter, badger and the domestic cat of being “voracious predators” that affect the game shooting and fishing industries.

The 114-year-old title describes the animals on its list as “pricey pests” that devour pheasant, partridge, grouse, salmon, trout, hare, pigeon, woodcock, snipe, duck, goose and deer or snatch wild birds’ eggs. The losses hit the profits of estate owners and shooting and fishing syndicates.

Jim Knight, the Rural Affairs Minister, joined animal welfare groups and the Countryside Alliance in criticising the magazine for vilifying wildlife. He was shocked by the article’s emotive language. “The list includes a number of precious species that are protected by law. Readers of this article may agree that some species can be a nuisance — but this does not excuse their destruction.”

Camilla Clark, editor of Shooting Times, said: “The purpose was to assess the economic impact of predators and pests on game birds in the UK. Shooting Times would never advocate the illegal killing of a protected species.”

“Eagles have no place on my grouse moor”, allegedly said former Laird of Fordie Estate, Perthshire

It is often said that gamekeepers only persecute raptors because they are acting upon the orders of their employer, and fear losing their job and often a tied cottage if they refuse. Here is an example of an estate manager who refused.

Ian Thomas (42) had worked on the Fordie Estate near Comrie, Perthshire for 15 years, when the estate was bought by former banker Lord Anthony Tryon (former husband of Lady ‘Kanga’ Tryon). During an inspection of his newly-acquired grouse moor, Lord Tryon allegedly became irritated at finding piles of grouse feathers indicating kills by birds of prey. According to Ian Thomas, Lord Tryon allegedly said, “Eagles have no place on my grouse moor” and “I have bought an estate and I will do what I like”.

Thomas claims that he was instructed by Lord Tryon to shoot a golden eagle and use illegal poisons to rid the estate of other raptors. Thomas refused and reported him to the authorities, saying he felt “morally obliged” to blow the whistle. Thomas claimed he was constructively dismissed after being branded a trouble-maker by Tryon and took his claim to an employment tribunal.

To avoid giving evidence in court, Tryon made an undisclosed settlement to his former estate manager in 2004.

Full story: http://news.scotsman.com/birdsofprey/Shooting-row-laird-agrees-to.2526404.jp

The Fordie Estate was bought from Lord Tryon in 2009 and is now owned by designer luggage tycoon, Luis Vuitton. The Fordie Estate is one of eight estates in Perthshire who have joined the Countrywatch Partnership, working to protect three key raptor species in the area (golden eagle, hen harrier and peregrine).

Thomas has gone on to establish his own forestry consultancy business. Here is a man with whom it’s worth doing business.

Film footage of Gamekeepers on Leadhills Estate ruled inadmissable

Female Hen harrier at nest

On 30 April 2003, an undercover RSPB investigation team were filming at a hen harrier nest on the Leadhills Estate, South Lanarkshire (also known as Hopetoun Estate and Abington Farms Ltd). This estate has a shocking record of alleged persecution against hen harriers and peregrines.

According to an article published by a former RSPB investigator (see link below), a gamekeeper was filmed walking up the valley towards the hen harrier nest, and ‘finding’ the nest by throwing a training bag for his labrador dog. The keeper was also allegedly filmed picking up the dog by its throat and kicking it to the ground. He was later charged with a cruelty offence after SSPCA officers and a vet had viewed the evidence.

Later the same night, the RSPB team reportedly filmed a group of men approaching the hen harrier nest in the dark using torches.  They are reported to have shot the incubating female and removed the eggs from her nest. One of the RSPB team followed the men back to the road and took their vehicle registration number. The vehicle was allegedly found to be used by the estate’s head gamekeeper. A shotgun cartridge found next to the nest was allegedly matched to the gun belonging to the head gamekeeper’s son. The son was later charged in relation to killing the harrier and destroying the nest.

After prolonged legal activity, the charges against both keepers were all dropped. It is thought this was in connection to the use of undercover footage by the RSPB. (See our post about a similar incident at Haystoun Estate in 2003).  http://www.the-soc.org.uk/docs/SBN80.pdf

 

Dinnet Estate Gamekeeper convicted for offence

On the night of June 25 2003, a gamekeeper on the Dinnet Estate in Aberdeenshire was filmed by RSPB investigators as he left his Landrover carrying a shotgun, climbed over a fence on to the neighbouring Crannach Estate, and began to stalk a recently-fledged hen harrier for several hundred metres across the hillside. At one point he was seen to point his shotgun at the harrier but he did not shoot.

At Stonehaven Sheriff Court on 17 February 2006, the keeper was convicted of firearms offences and of trespassing with a firearm on the neighbouring Crannoch Estate. He was fined £500.

 

Inquiry after red kite shot

August 2007. One of the 30 red kite chicks sent to Ireland in a project to reintroduce the species there has been found shot dead.

red kite chicks

The kite was among a batch taken from Powys to the mountains of County Wicklow six weeks ago.

Police in Ireland are investigating after it was found with seven shotgun pellets .Tony Cross of the Welsh Kite Trust in Rhayader, who worked on the scheme, said the shooting was a setback but did not “invalidate” the plan.

Full story. http://news.bbc.co.uk/1/hi/wales/mid/6972121.stm

osprey, golden eagle & buzzards illegally killed in 1993

According to the Hansard Report April 2004 (Hansard is the edited verbatim report of proceedings in UK parliament), the following illegal raptor persecution incidents were recorded in 1993:

Lothian Estate (nr Jedburgh, Scottish Borders) – 1 x osprey shot.

Aberarder Estate (Strathnairn, Inverness-shire) – 1 x golden eagle killed by Carbofuran.

Gledfield Estate (nr Ardgay, Sutherland) – 1 x buzzard killed by Chloralose.

South Balkeith Farm (Tain, Ross-shire) – multiple buzzards killed by Carbofuran.

Glenberg Estate (Speyside) – 1 x buzzard killed by Chloralose.

Ralia Estate (by Newtonmore, Inverness-shire) – 1 x buzzard killed by Chloralose.

Woodall Estate (Airdrie, North Lanarkshire) – 1 x buzzard killed by Chloralose.

Carruth Estate (Strathclyde) – 1 x buzzard killed by Chloralose.

Farleyer Estate (Aberfeldy, Perthshire) – 1 x buzzard killed by Carbofuran.

Loansfold & Blindswell Farms (Perthshire) – 1 x buzzard killed by Chloralose.

This report was published in the days when the government publicised the names of the Estates where illegal raptor persecution incidents had been recorded. Shame they don’t do that anymore – you have to wonder why? The Hansard report documenting these and other persecution incidents, can be read here: http://hansard.millbanksystems.com/written_answers/1994/apr/28/bird-killing

sea eagle shot on lough neagh

Oct 2009. A white-tailed sea eagle which was found dead in Lough Neagh, County Antrim, is suspected to have been shot.

The bird, a protected species, was released into Killarney National Park in Co Kerry as part of a reintroduction programme which began two years ago.

Dr Allan Mee, who is in charge of the project, said there were two pellet holes in the animal’s transmitter.

The transmitter was retrieved from the eagle by two canoeists, who were in the Lady’s Bay area, on 17 October.

Dr Marc Ruddock of the NIRSG, who coordinated searches for the bird, said: “The resources, time and enthusiasm that go into the re-introduction program is phenomenal, the loss of even one of the white-tailed eagles is devastating.”

Full story. http://news.bbc.co.uk/1/hi/northern_ireland/8368178.stm

golden eagles, peregrines & buzzards illegally killed in 1989

According to the Hansard Report April 2004 (Hansard is the edited verbatim report of proceedings in UK parliament), the following illegal raptor persecution incidents were recorded in 1989:

Roxburghe Estate (nr Kelso, Scottish Borders) – 1 x buzzard killed by Mevinphos.

Carbeth Estate (Stirlingshire) – 1 x buzzard killed by Chloralose.

Langholm Estate (Dumfries & Galloway) – 1 x peregrine killed by Mevinphos.

Drumochter Estate (Dalwhinnie, Inverness-shire) – 1 x golden eagle killed by Chloralose.

Islay Estate (Strathclyde) – 1 x buzzard killed by Mevinphos.

Islay Estate (Strathclyde) – 1 x peregrine shot.

Monzie Estate (Crieff, Perthshire) – 1 x buzzard killed by Chloralose.

This report was published in the days when the government publicised the names of the Estates where illegal raptor persecution incidents had been recorded. Shame they don’t do that anymore – you have to wonder why? The Hansard report documenting these and other persecution incidents, can be read here: http://hansard.millbanksystems.com/written_answers/1994/apr/28/registers-of-scotland

Gamekeeper fined for shooting short-eared owl on Leadhills Estate, South Lanarkshire

A gamekeeper was convicted of shooting a short-eared owl on a Lanarkshire grouse moor in May 2004.

The 23 year old gamekeeper (name removed under the Rehabilitation of Offenders Act 1974) who works for a shoot on Abington Farms Estate (often known as the Leadhills Estate), appeared at Lanark Sheriff Court on 31 July 2005. Two local bird of prey workers told the court how they had seen a short-eared owl fly up from the heather as the keeper drove across the moor on a quad bike. They saw the keeper stop the bike, take out his shotgun and walk towards the spot where the owl had settled on the hillside. When it flew up, he fired three shots at it and it fell to the ground. He collected the spent shotgun cartridges, but failed to find the owl.

After a search of the heather, the two witnesses found the bird, still alive but badly injured. It died a few minutes afterwards. They had recognized the keeper, and used a mobile phone to call Police Wildlife Crime Officer Phil Briggs. Within minutes the Strathclyde Police helicopter was searching the moor, but no one could be found. The keeper was later detained at his home, where clothing was recovered matching the description provided by the witnesses.

The keeper was convicted of killing a short-eared owl under section 1(1)(a)of the Wildlife and Countryside Act, and fined £500. It was his first conviction.

He remained employed on the estate. The area has a long history of confirmed and alleged cases of bird of prey poisoning and persecution.

Short-eared owls nest on the ground and feed almost exclusively on small mammals such as voles. They pose no threat to game birds.