First vicarious liability prosecution: part 4

scales of justiceCriminal proceedings continued yesterday against Mr Ninian Robert Hathorn Johnston-Stewart in the first known vicarious liability prosecution under the WANE Act 2011.

Mr Johnston-Stewart, the landowner of Glasserton & Physgill Estates, is charged with being vicariously liable for the criminal actions of Glasserton gamekeeper Peter Bell, who was convicted in 2013 of laying poisoned bait which killed a buzzard (Carbofuran), and for possession of three banned pesticides (Carbofuran, Strychnine and Alphacloralose) (see here).

Yesterday’s intermediate diet was continued, with another intermediate diet scheduled for 23rd December 2014.

Previous blogs on this case here, here and here


3 Responses to “First vicarious liability prosecution: part 4”

  1. December 9, 2014 at 12:38 pm

    Never thought Id see the day!..Well done that prosecutor. In the 1990s in Perthshire we had a landowner charged with “causing and permitting” wildlife poisoning…and it mysteriously was allowed to “go out of time”..apologies all round of course. Lets hope the public at least gets to hear the evidence in this case.

  2. 2 nirofo
    December 9, 2014 at 2:20 pm

    Can’t wait to see the result of this case, let’s hope its the one that’s rightly deserved.

  3. December 10, 2014 at 5:51 pm

    Also well done to the Scottish Government for enabling this to progress so far. Lets hope they’ve briefed the judiciary to pass sentences that deter from now on!

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