Tag: trap

Gamekeeper John Orrey, convicted of beating to death two buzzards, avoids jail

Press release from RSPB, 28th January 2022

Keeper caught on camera killing buzzards

A gamekeeper has been sentenced to a total of 20 weeks’ imprisonment suspended for 12 months and fined £1000 after pleading guilty to killing two buzzards on land managed for pheasant shooting after an investigation by Nottinghamshire Police and the RSPB.

Shocking footage was played in court, showing John Orrey, 63, of Hall Farm, Kneeton, brutally killing two healthy buzzards inside a cage trap, into which they had been lured.

The court heard how, early in January 2021, members of the public reported a live buzzard caught in a cage trap in Kneeton, Nottinghamshire. Following up the report, an RSPB Investigations Officer located the trap on a pheasant shoot. There was a live buzzard inside – later confirmed to be a different bird than the one first reported – along with the carcasses of a pheasant and two stock doves, used as bait to attract the buzzard.

Cage traps can be used legally under license for certain reasons to catch corvids such as crows and magpies. However the law states that traps must be checked at least every 25 hours, and anything caught accidentally must be released unharmed.

The buzzard was released due to concerns for its welfare and the RSPB Officer installed a remote camera.

A review of the footage revealed that the trap had been visited on several occasions by a man – later identified as John Orrey – driving a green 4×4. Two buzzards entered the trap on separate, consecutive days, no doubt attracted to the carrion in the harsh weather. On both occasions Orrey entered the trap and bludgeoned the buzzards to death with the long handle of a slash hook.

[Ed: A five-minute video of these offences has been produced by the RSPB’s Investigations Team. WARNING – it contains distressing footage]

Nottinghamshire Police were notified and swiftly identified the suspect as John Orrey, a gamekeeper on a pheasant shoot on the land in question. A warrant was obtained to search his premises. In a barn near his home was the same green 4×4 with a long-handled slash hook in the boot. The bodies of the buzzards had likely been disposed of. A forensic examination of the two stock doves confirmed they had been illegally shot.

Buzzards and stock doves are legally protected by the Wildlife and Countryside Act 1981. To intentionally kill or injure one is a criminal offence and could result in an unlimited fine or up to six months in jail.

Orrey pleaded guilty to all charges in December 2021 and was sentenced today (28 January) at Nottinghamshire Magistrates’ Court. In relation to the killing of the buzzards, for each bird he received an 18-week suspended sentence to run concurrently and a £500 fine for each bird. He was also ordered to pay £650 costs and £50 victim surcharge, and £180 compensation to the Wild Justice Raptor Forensics Fund.

District Judge Grace Leong remarked: “This was a shocking and unnecessary act of cruelty and violence.”

Tom Grose, RSPB Investigations Officer, said: “When I first saw the footage I was shocked and sickened. The birds were subject to a repeated torrent of blows before being thrown into the boot of a vehicle. This was clearly a premeditated operation and yet again illustrates that the shooting industry has a serious problem that needs to be sorted. Killing birds of prey has been illegal for decades, and yet it is still commonplace. Why? Clearly the punishments are no deterrent and the courts must look at using the full range of sentences available – including jail – to signal clearly that this sort of behaviour is simply not acceptable.

“Better regulation is needed too. The RSPB has repeatedly asked for the conditions on cage traps to be tightened. The UK Government must follow the recommendations of the recent

UN assessment, which calls for stronger regulation of the shooting industry and to allow for the removal of licences to use these traps.”

Chief Inspector Heather Sutton, Nottinghamshire Police’s lead for rural crime, said: “This sentencing is extremely significant and I hope it demonstrates just how seriously Nottinghamshire Police takes reports of rural crime and how we will work together with our partners to bring anyone committing these horrific offences to justice. It is unacceptable that any wildlife should experience the kind of ordeal John Orrey subjected them to.”

Orrey pleaded guilty to 5 x WCA and 4 x firearms charges:

• Possession of two dead stock doves.

• Intentionally killing a common buzzard on 8/1/21

• Intentionally killing a common buzzard on 9/1/21

• Using a cage trap to kill or take a wild bird

• Possession of an article (slash hook) capable of being used to commit an offence

• Failure to comply with condition of shotgun certificate (weapon not securely stored)

• Failure to comply with condition of firearms certificate (ammunition not securely stored)

• Failure to comply with condition of firearms certificate (weapons and ammunition not securely stored)

• Possessing ammunition for a firearm without a certificate

If you find a wild bird of prey which you suspect has been illegally killed, phone the police on 101, email RSPB Investigations at crime@rspb.org.uk or fill in the online form: https://www.rspb.org.uk/our-work/our-positions-and-campaigns/positions/wildbirdslaw/reportform.aspx

ENDS

I understand a blog from the RSPB is imminent, providing more detail and commentary than this press release.

I’ll post both as soon as they become available.

UPDATE 15.20hrs: An article in the Newark Advertiser provides more detail about the case and states that Orrey’s shotgun licence has been revoked (see here).

UPDATE 15.50hrs: The blog by the RSPB’s Investigations Team can be read here

UPDATE 18.50hrs: Photo of buzzard-killer John Orrey from BBC News:

UPDATE 19.10hrs: Wild Justice Raptor Forensic Fund helps secure conviction of buzzard-killing gamekeeper John Orrey (here)

UPDATE 21.00hrs: “A shocking and unnecessary act of cruelty and violence” says Judge sentencing gamekeeper John Orrey (here)

UPDATE 23.00hrs: Coverage on Channel 4 News here

UPDATE 29th January 2022: How has the game-shooting industry reacted to the conviction of gamekeeper John Orrey? (here)

UPDATE 24th August 2022: BBC programme ‘Caught Red Handed’ features conviction of buzzard-killing gamekeeper John Orrey (here)

Gamekeeper to be sentenced today for beating to death two buzzards in a trap

A gamekeeper will be sentenced at Nottinghamshire Magistrates Court today after he pleaded guilty to beating to death two buzzards that he caught inside a crow cage trap in Nottinghamshire in January 2021 (see here for previous blog). There are additional offences, including a firearms offence.

[Nottinghamshire Police visited the crime scene to collect evidence with the RSPB Investigations Team in January last year. Photo via Nottinghamshire Police Rural Crime Team].

I think we can expect to see extensive coverage of this case from the RSPB, including the video of the so-far-unnamed gamekeeper killing the buzzards, once sentencing has been handed down. I also understand there may be coverage on Channel 4 News this evening.

Lochan Estate says it will appeal General Licence restriction

It was good to see plenty of media coverage yesterday about Lochan Estate in Strathbraan, Perthshire having a three-year General Licence restriction imposed on it after the discovery of an illegally-killed hen harrier on one of its grouse moors (see here and here).

I saw coverage of this story on the BBC News website (here), STV News (here), in The National (here), The Herald (here), and on the Grough website (here).

Strangely, I didn’t find any statements of condemnation on the websites of any of the game-shooting organisations; you know, those organisations that have trumpeted their supposed ‘zero tolerance’ of raptor persecution when its politically expedient to do so but who never seem to step up with a public denouncement when a crime has been uncovered on a game-shooting estate.

I wonder if Lochan Estate is a member of the landowners’ lobby group Scottish Land & Estates? Or whether its gamekeepers are members of BASC or the Scottish Gamekeepers Association?

[Hen harrier Rannoch‘s corpse found trapped by an illegally-set trap on Lochan Estate. Photo by RSPB Scotland]

I saw one statement from Lochan Estate, reported by the BBC News. An unnamed spokesperson is quoted as follows:

“The estate categorically rejects any suggestion of wrongdoing in relation to the welfare of wildlife.

We made very robust representations five months ago and only received the notification this week, which we found surprising given the material we produced.

We will therefore be appealing this decision.”

There wasn’t any explanation about this illegally-set trap being on one of its grouse moors.

The estate’s appeal should be interesting. Let’s hope it’s as entertaining as the (failed) appeal submitted by Leadhills Estate against its General Licence restriction in 2019 (see here).

Incidentally, the information I requested about Leadhills Estate’s most recent appeal against the General Licence restriction extension imposed on the estate in 2021, is due to be released next week. Solicitors acting on behalf of Leadhills Estate have been arguing that the information should be withheld from the public (see here). Let’s see what NatureScot thinks.

Lochan Estate penalised after discovery of illegally-killed hen harrier on grouse moor

Further to this morning’s blog about NatureScot imposing a three-year General Licence restriction on Lochan Estate, a grouse and pheasant-shooting estate in Strathbraan, Perthshire, after evidence of alleged raptor persecution was uncovered (see here), NatureScot has issued a press statement that provides more detail behind the restriction.

Thanks to the blog reader who pointed me to the press release (which isn’t mentioned on NatureScot’s General Licence restriction notices page). Here’s the statement in full:

26 January 2022

NatureScot has restricted the use of general licences on Lochan Estate in Perthshire.  The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.

Evidence included a satellite-tagged hen harrier, found dead on Lochan estate in an illegally set spring trap.

General licences allow landowners or land managers to carry out actions which would otherwise be illegal, including controlling common species of wild birds to protect crops or livestock.

Donald Fraser, NatureScot’s Head of Wildlife Management, said:

“We are committed to using all the tools we have available to tackle wildlife crime. In this case, there is clear evidence that crime involving a wild bird occurred on this property. Because of this, and the risk of more wildlife crimes taking place, we have suspended the general licences on this property for three years. They may still apply for individual licences, but these will be closely monitored.

“This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place, although under tighter supervision. We believe this is a proportionate response to protect wild birds in the area and prevent further wildlife crime.

“We work closely with Police Scotland and will continue to consider information they provide us on cases which may warrant restriction of general licences. The detection of wildlife crime can be difficult but new and emerging technologies, along with a commitment from a range of partners to take a collective approach to these issues, will help us stop this from occurring in the future.”

Restrictions will prevent people from using the general licences on the land in question for three years. This period can increase if more evidence of offences comes to light.

See the full licence restrictions details on our website. 

ENDS

The satellite-tagged hen harrier found dead on Lochan Estate in an illegally-set spring trap is believed to be hen harrier Rannoch, according to a tweet by Ian Thomson, Head of Investigations at RSPB Scotland. You can read about Rannoch’s grisly ending here.

[Hen harrier Rannoch’s corpse found on Lochan Estate showing her foot caught in the illegally-set spring trap. Photos by RSPB Scotland]

Rannoch’s satellite tag data showed she was likely caught in this trap on 10th November 2018. Her body was eventually discovered in May 2019 and was sent off for a post mortem at SRUC veterinary lab, which subsequently concluded:

‘The bird was trapped by the left leg in a spring trap at time of death. Death will have been due to a combination of shock and blood loss if it died quickly or to exposure and dehydration/starvation if it died slowly. Either way the bird will have experienced significant unnecessary suffering‘.

Does that mean it’s taken NatureScot over three years to impose a General Licence restriction on Lochan Estate? Or were there any further alleged crimes recorded there between November 2018 and now?

NatureScot’s press release doesn’t provide any further detail about any other discoveries, it just says, ‘Evidence included a satellite-tagged hen harrier, found dead on Lochan estate in an illegally set spring trap‘ (emphasis is mine).

I guess the FoI request I’ve submitted to NatureScot will dig out anything else.

I did have a wry smile when reading the penultimate sentence of NatureScot’s press statement:

‘Restrictions will prevent people from using the general licences on the land in question for three years. This period can increase if more evidence of offences comes to light‘.

It all sounds very serious and convincingly restrictive doesn’t it, but as I’ve already mentioned in this morning’s blog (here) Lochan Estate’s General Licence restriction can simply be over-ridden by the estate if they apply for an Individual licence which will allow their gamekeepers to continue killing wild birds such as crows, rooks, jays, jackdaws etc as if nothing has happened. What sort of sanction is that? A useless one. That’s not NatureScot’s fault – they have to work with the regulations they’re given, but come on, where are all the civil servants pushing for legislative change to close this gaping loophole?

And that bit about the GL restriction ‘can be extended if more evidence of offences comes to light’ – yeah, like the extension applied to Leadhills Estate that runs concurrently with the estate’s original restriction, meaning that in effect, Leadhills has only been penalised for a further 8 months, not the three years claimed by NatureScot (see here).

The system’s a joke and an overhaul is long overdue.

UPDATE 27th January 2022: Lochan Estate says it will appeal General Licence restriction (here)

The widespread mis-use of crow cage traps to trap & kill birds of prey

RSPB Investigations Officer Guy Shorrock published an insightful blog yesterday (‘Cage traps in the spotlight across the UK’) detailing the ongoing and widespread mis-use and abuse of crow cage traps, often used by criminal gamekeepers to trap and kill raptors, sometimes deliberately and sometimes through reckless negligence.

His blog provided details of an incident in Wales in April last year, and I don’t recall seeing any media coverage of this case. The following text is reproduced directly from Guy’s blog:

A case from April last year again highlights our concerns. A member of public found a crow cage trap on sheep grazing farmland in North Wales containing a buzzard, a red kite and multiple crows. The finder released all the birds and reported it to us.

As with all cage traps outside Scotland, without marking and registration it can far more difficult, often impossible, to identify the trap operator. A visit by my colleague Niall Owen confirmed the presence of a lamb carcass, which should have been properly disposed of and not used as bait, along with two carrion crows. A week later the trap held two crows and a buzzard plus the bodies of two further crows. To identify a trap operator, and to determine whether the licence conditions were being complied with, a covert camera was installed for a couple of days. At this point, there was no clear contravention of the licence conditions. The buzzard was in good health, so it was left in situ and provided with fresh water and food just in case visits were not made. One dead crow was seized and sent off for a post-mortem. Two days later the buzzard was still present, thankfully alive and well, so was released unharmed. We informed North Wales Police who identified the farmer operating the trap and ensured it was rendered incapable of trapping.

[Buzzard caught inside the cage trap, photo by Niall Owen, RSPB. This bird was released by the RSPB when it became clear the trap was not being operated lawfully]

The post-mortem on the carrion crow confirmed the bird had died of starvation, confirming further breaches of the licence conditions and animal welfare regulations. Had the original finder and ourselves not released the trapped birds, we fear they would have met the same fate. This case was about negligence rather than any deliberate targeting of birds of prey, and following the police investigation, the operator was given a Community Resolution Order. This had a requirement that they could not operate cage traps until a suitable course has been attended.

Guy’s blog is timely as we await the sentencing of a gamekeeper who has recently been convicted of killing two buzzards in a cage trap in Nottinghamshire (see here). The RSPB has what Guy describes as ‘graphic footage’ filmed on a covert camera showing exactly how the gamekeeper used the trap to catch and then kill two buzzards. I understand the RSPB will release this video evidence after sentencing next week.

I’d encourage you to read Guy’s blog in full (here) to understand the different approaches being deployed (or not) to address these offences in England, Scotland and Wales and how members of the public can help catch the killers.

Raptor persecution ignored in North York Moors National Park draft management plan

The North York Moors National Park Authority (NYMNPA) is currently consulting on its draft management plan, which aims to set out a series of priority actions to help the Park tackle issues which include ‘recovery from the COVID pandemic, escalating climate and nature emergencies, increasing mental and physical health problems among the general population, and the need to change the way we look after our landscapes‘.

You can download the draft plan here:

nymnp_management_plan_draft_finalDownload

I had a quick read through this document at the weekend and was surprised to see how little substance it contained and how vague its stated 22 priority objectives were. For example, whilst there was general commentary around ‘active restoration’ of degraded blanket bog and peat habitats, the only reference I found that might possibly allude to the massive environmental problems caused by intensive driven grouse shooting, which dominates the landscape of this National Park, was this:

Objective 8 – Work with our moorland community to support the sustainable management of moorland to ensure it retains a natural remoteness which supports a greater variety of species and habitats.

I didn’t find one single reference to tackling wildlife crime, and especially raptor persecution, which has long been recognised as an ongoing characteristic of this National Park. For example, just in the last few years alone we’ve seen a shot buzzard (here), a poisoned buzzard (here), deliberate disturbance of a goshawk breeding attempt (here), a satellite-tagged hen harrier vanish in suspicious circumstances (here), another shot buzzard (here), and another shot buzzard (here), a goshawk trapped, reportedly killed and taken away in sack (here), another poisoned buzzard (here), an illegally-set trap (here), and five shot buzzards found stuffed under a rock (here).

Nor did I find any reference to targeting the mass release of non-native gamebirds (pheasants and red-legged partridge) or assessing the damage they cause inside the National Park. It seems the North York Moor National Park Authority could do with taking a look at the Cairngorms National Park Authority’s management plan, which has recently included this issue as one of its priorities (see here).

The North York Moors National Park draft management plan is important, because it aims to set out its vision for how the National Park will be in 20 years time.

According to the NYMNPA website, ‘the draft plan is the result of a series of conversations with stakeholders and partners over the last year. The proposals it contains are not set in stone. Neither we nor our partners possess a monopoly of wisdom. This document invites discussion, input and feedback so that the final plan can properly reflect as wide a range of views as possible. It is an opportunity for everyone to collaborate with us to create a shared plan that will shape the future of the North York Moors National Park‘.

The Park Authority wants your views, whether you live in the Park or you are a visitor. Particularly, it wants to know whether it has ‘missed something that is important to you’:

If you share my concerns about ongoing raptor persecution in this National Park, and the unregulated mass release of non-native species for shooting, I’d encourage you to contact the NYMNPA and ask them to prioritise tackling these issues in the management plan. Contact details are shown in the image above.

Please note, the consultation closes this Friday (21st January 2022).

Thank you.

Convicted gamekeeper to escape 3-year General Licence restriction for killing birds of prey?

On 30th November last year, gamekeeper Peter Givens from the Cathpair Estate in the Scottish Borders was convicted at Selkirk Sheriff Court of recklessly killing a barn owl and a goshawk in September 2020.

The two supposedly protected species had become caught inside a cage trap operated by Givens but they starved to death because Givens had failed to release them as he was required to do by law.

Givens was fined a pathetic £300 and a £20 victim surcharge (see here).

[Photograph of the unlawfully operated trap on Cathpair Estate. Photo by Stuart Spray]

Givens’ sentence was derisory, there’s no doubt about that, especially when you consider raptor persecution is supposedly a National Wildlife Crime Priority.

But the £300 fine from the court wasn’t Givens’ only sanction. On conviction, Givens was automatically banned from using the General Licences, including those which permit the killing of some birds (especially corvids) but also GL14, the licence that permits a person to use certain traps to kill stoats in Scotland for the conservation of wild birds or the prevention of serious damage to livestock.

This automatic ban on using the General Licences came in to force the day gamekeeper Givens was convicted, because General Licences ‘cannot be used by those convicted of a wildlife crime on or after 1 January 2017 unless, in respect of that offence, they are a rehabilitated person (for the purposes of the Rehabilitation of Offenders Act 1974 and that conviction is spent), or a court discharged them absolutely‘, according to the terms of the General Licences.

If Givens is the only gamekeeper on Cathpair Estate (and I have no information about that) then being prevented from killing crows and stoats would probably have a negative impact on the estate’s ability to host a gamebird shoot, unless the estate employs other gamekeepers to conduct those duties. Although, as ridiculously as ever, a convicted gamekeeper may still apply to use an Individual Licence to carry on operating traps and guns to kill corvids and stoats as if he’d never committed his crimes at all.

When gamekeeper Givens’ sentence was announced, I was interested in how this automatic ban on using the General Licences would apply, and I especially wondered whether it would extend for three years, as per the usual General Licence restriction imposed on estates where evidence of wildlife crime is apparent but insufficient to result in a prosecution.

However, when I looked up how long it would be before Givens’ conviction could be considered spent, I found it was only 12 months (according to the Rehabilitation of Offenders Act 1974 as amended by the Management of Offenders (Scotland) Act 2019). So this means Givens would not be allowed to use the General Licences to kill corvids and stoats for a period of only 12 months (unless he applied for an Individual Licence) but after those 12 months had expired (30th November 2022) he’d be able to return to killing wildlife under the conditions of the General Licences.

Eh? That seems a bit counter-intuitive, doesn’t it? On the one hand, regulator NatureScot can impose a three-year General Licence restriction on an estate where the police have evidence of criminal activity but insufficient evidence to pin it on any named individual. But when the authorities secure an actual conviction for wildlife crime on an estate, then the General Licence sanction only applies for one year, instead of three, if the criminal has been convicted and handed a ludicrously tiny fine that is likely to have been paid by his employer anyway!

That didn’t make sense to me so I contacted NatureScot and asked them about it. They agreed that it was counter-intuitive and that this scenario hadn’t really been considered before, probably due to the incredibly low prosecution/conviction rates for raptor persecution, especially in recent years. However, now that this ridiculous situation had been brought to their attention, NatureScot advised that they would be looking at tightening up the terms of the General Licences to better reflect the lack of trust that a conviction for a wildlife offence implies.

This will probably come too late to be applied to gamekeeper Givens, and to be fair to NatureScot they can only work with the existing terms and conditions that apply at any one time, but I was encouraged to hear that part of the planned review will also be to consider how Fiscal Fines and Fixed Penalty Notices for wildlife offences impact the ability of an individual to operate under General Licences.

Meanwhile, if anyone is out and about for a walk on the Cathpair Estate in the next ten months it may well be worthwhile having a look to see whether any traps are being operated to kill corvids and stoats. If they are and you’re suspicious of their legality, take photographs and a grid reference/What3Words and report them to Police Scotland on 101. Please share your report with the RSPB’s Investigations team so they can follow up with the police.

[The Cathpair Estate boundary (in blue), from Andy Wightman’s Who Owns Scotland website]

Gamekeeper pleads guilty to killing buzzards in Nottinghamshire

Further to the blog post on 4th January 2022 (here), a gamekeeper has pleaded guilty to five offences committed in Nottinghamshire in January 2021, including the illegal killing of two buzzards, the unlawful use of a trap, the unlawful possession of two stock doves and a firearms offence.

[Nottinghamshire Police visited the crime scene to collect evidence with the RSPB Investigations Team in January last year. Photo via Nottinghamshire Police Rural Crime Team]

His guilty plea means he has avoided a trial (and thus saved the court time) for which he’ll no doubt be rewarded when it comes to sentencing.

Sentencing has been deferred until later this month. I expect the full horror of his crimes, and his identity, to be publicised at that time. It’ll be interesting to see whether he has any ‘professional’ affiliations to any of the shooting organisations that claim to operate a ‘zero tolerance’ policy on raptor persecution.

A Raptor Forensic Fund, established in 2020 by Wild Justice to help provide financial support to police investigations into alleged raptor persecution crime, has played a part in this conviction.

This is the 4th gamekeeper to be convicted of wildlife crimes/raptor persecution since November 2021. The three others were gamekeeper Shane Leech (33) in Suffolk (here), gamekeeper Peter Givens (53) in the Scottish Borders (here) and gamekeeper Hilton Prest (58) in Cheshire (here).

Kudos to Nottinghamshire Police Rural Crime Team, the RSPB Investigations Team and the CPS for their hard work in securing this result. Excellent partnership working in action!

UPDATE 28th January 2022: Gamekeeper to be sentenced for beating to death two buzzards in a trap (here)

Leadhills Estate wants to keep details of its General Licence restriction appeal a secret

As many blog readers will know, the notorious Leadhills Estate, a grouse-shooting estate in South Lanarkshire that has been at the centre of police wildlife crime investigations at least 70 times since the early 2000s, is currently serving two General Licence restrictions imposed by NatureScot after ‘clear evidence’ of wildlife crime was provided to the statutory regulator by Police Scotland (see here and here).

For new blog readers, a General Licence restriction is a light-touch sanction for estates in Scotland where there is sufficient evidence of wildlife crime taking place but insufficient evidence to prosecute a specific individual. It’s not really a sanction at all though, because an estate can simply apply to NatureScot for ‘individual’ licences instead of a General Licence which allows them to continue the activities they were supposedly restricted from doing, just with a tiny bit of scrutiny attached (e.g. 1,000 birds were legally killed on a shooting estate despite being under a General Licence restriction, see here).

Nevertheless, a General Licence restriction is useful for campaigners for highlighting to the law makers that wildlife crime persists and further regulation/enforcement is therefore required.

So, back to Leadhills Estate. The reason why this grouse moor estate is currently serving an unprecedented double General Licence restriction is because of police reports relating to the illegal killing of a short-eared owl, two buzzards and three hen harriers that were ‘shot or caught in traps’ on Leadhills Estate in the last few years (see here), the discovery of banned poisons on the estate in May 2019 (see here), the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son in July 2020 (see here) and the discovery of yet another batch of banned poisons, also in July 2020 (here). A satellite-tagged hen harrier (Silver) also vanished in suspicious circumstances on the estate in May 2020 (here), and although NatureScot don’t consider missing satellite-tagged raptors as sufficient evidence for a General Licence restriction, the disappearance can be used as supportive evidence if further alleged offences are also being considered.

Incredibly, Leadhills Estate with its double General Licence restriction is STILL a member of the lobby group Scottish Land & Estates, which claims to have a ‘zero tolerance’ approach to raptor persecution. Hmm.

[Grouse moor on the Leadhills Estate. Photo by Ruth Tingay]

As you may recall, Leadhills Estate’s second General Licence restriction was announced by NatureScot in late September 2021 (here) and the estate was reported to be considering an appeal (here).

Having seen the estate’s previous (failed) appeal against its first General Licence restriction in 2019 (here), I was keen to see the arguments it would make for an appeal against a second restriction.

On 30th September 2021 I submitted an FoI to NatureScot to request copies of Leadhills Estate’s appeal.

On 3 November 2021 NatureScot responded as follows:

‘We have withheld a letter from an agent acting on behalf of Leadhills Estate, pending an appeal against NatureScot’s decision to restrict General Licence. This information is of a sensitive nature and disclosure into the public domain could prejudice the applicant’s right to a fair hearing’.

I didn’t see how public disclosure could possibly prejudice a hearing given that it’s all done in-house at NatureScot but fine, I could wait.

In December 2021 it was announced that Leadhills Estate had lost its appeal against the second General Licence restriction (here) so I wrote back to NatureScot on 3rd December as follows:

‘You told me in the letter dated 3 November 2021 that you were withholding a letter from an agent who was acting on behalf of Leadhills Estate, and the reason you gave for withholding it was that releasing it may prejudice the applicant’s right to a fair appeal. As the appeal process has now concluded and therefore the applicant’s right to a fair hearing cannot be affected, please can you send me the agent’s letter that was previously withheld‘.

Yesterday (5th January 2022) NatureScot responded to my latest FoI request, as follows:

‘We have completed our information searches, and we have identified eight documents comprising 126 pages relevant to your request. We shared a redacted version of these documents with the solicitors acting on behalf of Leadhills Estate, who have provided additional legal arguments as to why certain information should be withheld. We will need additional time to assess these arguments and, potentially, take further legal advice.

Regulation 7 of the EIRs allows public authorities to extend the time for compliance with requests for up to an additional 20 working days. This means we must respond to your information request by 3 February 2022 at the latest‘.

That’s interesting. Why might Leadhills Estate not want the details of its appeal to be made public? And what legal arguments might it use to block the transparency of the decision-making process of a statutory agency?

I guess we’ll find out on 3rd February.

UPDATE 23rd February 2022: NatureScot refuses to publish details of Leadhills Estate’s general licence restriction appeal (here)

Trial due to start for gamekeeper accused of killing buzzards

The trial of a gamekeeper accused of killing buzzards is due to begin this week almost a year to the day of the alleged offences.

On 12th January 2021 Nottinghamshire Police, working in partnership with the RSPB Investigations Team, attended a location in the Kneeton area following reports of concern (see here). A gamekeeper was later arrested and charged with the alleged killing of buzzards (here).

[Police attending the scene of a crow cage trap in January 2021. Photo via Nottingham Police]

The gamekeeper appeared in court in August and entered a plea of not guilty (see here) so a trial date was set for January 2022.

The trial is due to begin on Thurs 6th January 2022.

This is the 4th gamekeeper to be brought before the courts since November 2021 – the three others were all convicted of various offences including gamekeeper Shane Leech (33) in Suffolk (here), gamekeeper Peter Givens (53) in the Scottish Borders (here) and gamekeeper Hilton Prest (58) in Cheshire (here).

Please note, as this is a live case no further detail will be provided here until the case has concluded or there is official commentary from the court reporter. Comments on this particular blog also won’t be accepted until the case concludes so as not to prejudice proceedings. Thanks for your understanding.